I. NAME, REGISTERED OFFICE, AND PURPOSE
Art. 1 Name
Under the name « Swiss Muslim Hikes, » an association is established in accordance with Art. 60 ff. of the Swiss Civil Code (ZGB) as a legal entity. The association is of indefinite duration. It is a politically neutral, religious, and non-commercial association.
The German name for the association is « Schweizer Muslimische Wanderungen, » and the abbreviation « SMH » remains the same in the German version.
Art. 2 Registered Office
The association is based in 3003 Bern.
Art. 3 Purpose
The association provides a platform for hiking enthusiasts to come together, explore the beauty of Switzerland, and overcome cantonal boundaries. The joy of sports and movement is at the center of the association’s activities. The hikes are organized for everyone willing to take on a challenge.
Swiss Muslim Hikes pursues no commercial purposes and seeks no profit.
II. MEMBERSHIP
Art. 4 Members
The composition consists of individuals in the board who acknowledge and are willing to promote the goals and purposes of the association. The board decides on the admission of new members and may reject an application without providing reasons.
Art. 5 Membership Fee
No membership fee is required.
Art. 6 Exclusion and Loss of Membership
Membership ceases:
1. by resignation with written notice, observing a one-month notice period to the board of the association;
2. by exclusion due to behavior detrimental to the association. Exclusion is decided by the board. The decision is usually communicated in writing to the member and is effective immediately. There is no recourse to the general assembly. Exclusion can occur without stating reasons;
3. in the event of death.
Art. 7 Donations
Donations received by the association are irrevocably dedicated to the altruistic purpose of the association according to Art. 3 of these statutes. The association commits to issuing an annual donation receipt.
III. ORGANIZATION
Art. 8 Organs
The organs of Swiss Muslim Hikes are:
A) The General Assembly;
B) The Board;
C) The Audit Committee (optional).
Art. 9 Compensation for Organs
Board members serve on a voluntary basis and generally have the right to reimbursement for actual expenses and cash outlays. Adequate compensation may be granted for specific services by individual board members.
A. The General Assembly
Art. 10 Ordinary General Assembly
The ordinary general assembly takes place annually within the first four months of the year. The invitation to the general assembly is issued at least 20 days in advance in writing by the board, indicating the agenda. Proposals for the general assembly must be submitted in writing to the president at least two weeks in advance.
Art. 11 Extraordinary General Assembly
An extraordinary general assembly is convened by decision of the board, at the request of at least one-third of the members, or at the request of the audit committee. The invitation must be sent ten days before the meeting.
Art. 12 Tasks and Powers
The tasks and powers of the general assembly are as follows:
a) Approval of the annual report, financial statements, and balance sheet, as well as the report of the audit committee;
b) Discharge of the board and the audit committee;
c) Establishment of the annual budget;
d) Election of the president, other board members, and the audit committee;
e) Consideration of proposals from the board and members, handling of appeals;
f) Amendment of the statutes;
g) Dissolution of the association.
Art. 13 Decision-Making
Decisions at the general assembly are made by open vote with a simple majority. Voting is only secret if expressly demanded by the majority of the members present. In case of a tie, the president has no casting vote. All present members have equal voting rights. Proxy representation is only allowed by another association member. For decisions regarding discharge, a transaction, or a legal dispute between the member and the association, the affected member is excluded from voting.
B. Board
Art. 14 Board
The board consists of at least three individuals, namely the president, treasurer, and secretary.
Art. 15 Composition and Election
The board consists of at least three members. Eligibility is restricted to those who have been members of the association for at least two years and possess the necessary professional qualifications. A unanimous election is reserved. The board is elected annually at the end of a season (spring) by the general assembly in a total renewal election. Re-election is possible.
Art. 16 Constitution, Convocation, and Decision-Making
The board is quorate if at least three members are present. It is convened upon the request of the president or vice president or at the request of a board member. The board makes its decisions with the absolute majority of the members present. In case of a tie, the president’s vote counts double. Board decisions can also be made in writing or by telephone.
Art. 17 Resignation and Removal
Each board member has the right to resign at any time, provided they notify the board in writing at least one month in advance. Departing board members are obligated to complete or delegate open tasks. At the request of the majority of all members, an existing board member can be removed. If board members leave during their term, the board self-completes. Such elections must be presented for confirmation at the next general assembly.
Art. 18 Powers
The board generally has all powers not expressly reserved for the general assembly. This includes, in particular:
a) Preparation and conduct of ordinary and extraordinary general assemblies;
b) Drafting of statutes, proposals, and regulations;
c) Admission and exclusion of members;
d) Management of the association.
Art. 19 External Representation
The board represents the association externally. It signs collectively in pairs (president and treasurer).
C. Audit Committee
Art. 20 Election, Independence, and Tasks
The general assembly elects, in accordance with the provisions of the Audit Supervision Act, an approved auditor as the audit committee. The audit committee may consist of one or more natural or legal persons or partnerships (general or limited partnerships). At least one member of the audit committee must have his residence, domicile, or a registered branch in Switzerland.
The independence of the audit committee is determined by Art. 906 in conjunction with Art. 729 of the Swiss Code of Obligations (OR), and its tasks are governed by Art. 906 in conjunction with Art. 729a ff. OR. The audit committee presents a written report and a proposal to the general assembly. The undersigned confirm that the association does not meet the conditions for the obligation of regular auditing under Art. 69b of the Swiss Civil Code and that all association members have waived the legally required, limited review of the annual financial statements.
Art. 21 Term of Office
The audit committee is elected for one business year. Its term ends with the approval of the last annual financial statements. Re-election is possible. The audit committee can be revoked at any time with immediate effect.
Art. 22 Waiver
With the consent of all members, the general assembly may waive the election of an audit committee if the association does not meet the conditions for the obligation of regular auditing and has no more than ten full-time positions on average per year (opting-out). A waiver also applies to the subsequent years. The implementation of a limited review can only be requested within the framework.