Terms and Conditions (Translation of the official Terms and Conditions written in German)
1. Name and location
Under the name “Sano Prakash” exists an organisation according to article 60 ff. of the ZGB (Zivilgesetzbuch = civil code) with the location in Urdorf, Zurich (Switzerland). The organisation is politically and confessionally independent.
2. Aim and purpose
The organisation aims the enhancement and support of the Nepalese partner organisation “Sano Prakash” in Butwal, Nepal, with the target to provide education and a home for financially underprivileged children and street children.
The organisation aims to achieve the goals as follows:
- Recruitment of members
- Financial support for the partner organisation “Sano Prakash” in Butwal
- Promotional activities for “Sano Prakash” in Nepal
- Searching of donators from the private industry, public area and non-profit organisations
- Foster contact with donators
- Organise donation programs
- Organise bazaars, markets, activities, charity concerts
The organisation doesn’t follow commercial targets or financial benefits. Everybody involved in the organisation works voluntarily.
The following means are used in order to pursue the organisation purposes:
- Membership fees
- Incomes of activities
- Incomes of performance bonds
- Donations of any kind
The membership fees are set annually by the member meeting.
The business year starts on 01. January and ends on 31. December.
All natural and juridical people who support the organisation’s targets can become a member.
The admission happens through a registration to the organisation’s board.
All members have the same voting right at the annual member meeting.
5. Expiration of membership
The membership expires
- for natural people through resignation, exclusion or death.
- for juridical people through resignation, exclusion or annulment of the juridical person.
6. Resignation and exclusion
A resignation from the organisation is possible per end of the calendar year (31. December). The letter of resignation has to be sent in written form to the board at least 6 weeks before the end of the year. If the business year has already started, the whole membership fee must be paid.
In case a member does not pay the membership fee even after having received a pay reminder, the member can be excluded by the board.
The board can exclude member at all times in case of violation of the organisation’s targets.
7. Organs of the organisation
The organs of the organisation are:
a.) The member meeting
b.) The board
c.) The reviser
All members and people with mandates work voluntarily.
8. The member meeting
The member meeting takes place annually in the first half of the year. The members will be invited at least 14 days ahead. They will be informed about the agenda items. Invitations via e-mail are valid.
Proposals to the member meeting are accepted until at least 8 days beforehand. Proposals must be handed in to the board.
An extraordinary member meeting can be called by the board if there are any important business issues to be discussed or if at least 1/5 of the members file a written request for one.
The member meeting has following tasks and competences:
a.) Approval of last year’s protocol (of the member meeting)
b.) Approval of the board’s annual report
c.) Acceptance of the reviser’s report and approval of the annual bill
d.) Exoneration of the board
e.) Election of the president and the rest of the board
f.) Election of the reviser
g.) Assignment of the membership fees
h.) Approval of the yearly budget
i.) Notice of the planned activities
j.) Resolution of businesses placed by the board or other members
k.) Changing of the terms and conditions
l.) Resolution about the liquidation of the organisation and the use of the liquidation revenues
Each correctly called member meeting is quorate disregarding the number of present members. The simple majority of the present members decides.
Changes in the terms and conditions need an agreement of 2/3 of the present members.
All decisions have to be written down in the protocol.
9. The board
The board consists of at least 2 and maximum 5 persons.
The mandate lasts 4 years. A re-election is admissible.
The board has following tasks and competences:
a.) Lead current businesses and represent the organisation
b.) Pass rules and regulations
c.) Apply specific working groups (specialists’ groups)
d.) Issue annual reports and bills
e.) Organise, call and lead the member meeting
f.) Execute decisions of the member meeting
g.) Execute all matters that are not assigned to someone else by law or those terms and conditions
The board consists of the following departments:
A cumulation of mandates or a division of one department to two people are possible. The board constitutes itself.
The board meets as often as the businesses require it. The decision-making via e-mail is valid.
The board basically works voluntarily. The member meeting decides about the compensation of actual expenses.
10. The reviser
The member meeting elects one reviser or a juridical person, who controls the accountancy at least once in two years. The reviser reports to the board and the member meeting. The mandate lasts for two years. A reelection is possible.
Only the organisation’s estate (financial wealth) vouches for debts of the organisation. A personal accountability of the members is impossible.
12. Resolution of the organisation
The organisation can be dissolved by a regular or extraordinary member meeting.
2/3 of the present members must agree.
In case of a resolution of the organisation, the earnings and the capital will be given to an organisation with the target of supporting schools. The organisation has to be freed of taxes with its location in Switzerland. The member meeting will choose a suiting organisation. The distribution of the club funds to the members is impossible. This rule is irrevocable.
13. Legal bindings
Mandatory signatures for the organisation are given by two people of the board.
One signature suffices for banking transactions.
14. Legal validity
Those terms and conditions have been accepted by the founding meeting of 10.08.2017. They are legally validated from that date on.
The terms and conditions got revised in the member meeting of 05.09.2019.
Switzerland: +41 (0) 79 430 38 80
Nepal: +977 9823752350