Transparency

Preamble

The Fair IT yourself association aims to educate our society about working conditions in the global electronics industry, with the goal of improving and shaping them in the spirit of “Fair Trade.”

Through our educational work, we want to encourage people to consume responsibly and thus improve the situation in production countries. We consider the entire supply chain from raw material extraction and processing (e.g., cobalt mining in the Democratic Republic of Congo) to the production of components (e.g., India) and assembly (e.g., Vietnam) to disposal (e.g., electronic waste dumps in Ghana).

Furthermore, through cooperation with and consultation of manufacturers, we aim to create concrete alternatives to conventional exploitative production methods of electronic devices, in order to sustainably improve economic, social, and ecological conditions in production countries. We address problems such as forced labor, hazardous working conditions, precarious employment, the prohibition of employee associations, or discrimination in the workplace.

The resulting products, in turn, serve as positive examples for our educational work and demonstrate the connection between our daily consumption and working conditions in production facilities in developing and emerging countries.

§1 Name, Registered Office, and Fiscal Year

1) The association bears the name “Fair IT yourself”

2) The association’s registered office is in Freiburg im Breisgau

3) The association is to be entered in the register of associations. After successful registration, the name of the association will be supplemented with the suffix “e.V.”

4) The fiscal year is the calendar year.

§2 Purpose of the Association

1) The purpose of the association is to promote public education and development cooperation, each in relation to social problems in the global supply chain of electronic products.

2) The statutory purpose is achieved in particular by:

• Organizing and conducting information and educational events

• Presence at conferences, trade fairs, and other events

• Creating general information, e.g., website, information sheets, etc., on human rights and working conditions, as well as environmental problems in the electronics industry and alternative courses of action (cf. Preamble)

• Advising and cooperating with manufacturers of products related to electronic devices, for the purpose of creating more socially responsible alternatives to existing products, in the sense of development cooperation (cf. Preamble)

§3 Non-profit Status

1) Fair IT yourself pursues exclusively and directly non-profit purposes within the meaning of the section “Tax-privileged purposes” of the Tax Code. The association operates selflessly. It does not primarily pursue its own economic purposes. The association’s funds may only be used for the statutory purposes. Members do not receive any grants from the association’s funds. No person may be favored by expenses that are alien to the purpose of the corporation or by disproportionately high remuneration.

§4 Membership

1) Any natural or legal person who supports its goals can become a member.

2) The association comprises ordinary members over 18 years of age with voting rights.

3) Applications for admission to the association must be submitted in writing or orally to the board, which decides on admission by a majority vote. By joining, the member recognizes the association’s statutes. Membership begins with the board’s decision.

4) Membership ends

• by resignation, which can be declared in writing to the board at any time

• by exclusion for good cause; exclusion requires a unanimous decision of the board.

• upon death

5) An appeal against the rejection of admission and against exclusion can be lodged with the next general meeting within one month of receipt of the rejection or exclusion notice. At the general meeting, the affected person must be given the opportunity to justify or comment. The general meeting then decides whether the rejection or exclusion will be upheld.

§5 Supporting Membership

1) Supporting members financially or otherwise support the association’s activities. Supporting members can be natural or legal persons who support and promote the association’s purpose.

2) Upon joining the association, supporting members make a binding declaration of how they intend to support the association’s activities. This declaration can be changed at any time by notifying the board.

3) Supporting members are neither actively nor passively eligible to vote or be elected according to §11.

4) Applications for supporting membership must be submitted in writing to the board, which decides on admission.

5) Supporting membership ends

• by resignation, which can be declared in writing to the board at any time.

• by exclusion for good cause, which requires a board decision.

§6 Membership Fees

1) Members pay an annual fee, the amount of which is determined by the general meeting with a simple majority.

2) The amount of the contributions is laid down in a separate fee regulation from the statutes.

§7 Organs of the Association

The organs of the association are

• the Board

• the General Meeting

§8 The Board

1) The Board consists of at least two (1st and 2nd Chairpersons) and a maximum of five association members. The number of persons forming this body in the respective election period is determined during the general meeting. The internal distribution of tasks is determined by the elected Board.

2) The Board within the meaning of § 26 BGB consists of the 1st and 2nd Chairpersons. They represent the association judicially and extrajudicially. The 1st and 2nd Chairpersons are each individually authorized to represent the association.

3) The Board generally performs its duties on a voluntary basis. Notwithstanding this, the general meeting may decide that the Board shall receive appropriate remuneration for its board activities, if necessary, within the scope of the household’s financial possibilities. The Board decides on the amount of the payment.

4) The Board is elected by the general meeting with a simple majority for a term of 2 years. Board members remain in office after the expiry of their term until their successors are elected and have taken office.

5) If a board member resigns before the end of their term, the remaining board is entitled to provisionally appoint a board member until the upcoming regular re-election by the ordinary general meeting.

6) Re-election of board members is possible.

7) The Board adopts its own rules of procedure.

§9 Responsibilities of the Board

1) The Board is responsible for all matters of the association that are not reserved for other association organs by these statutes.

2) Its main tasks include:

• the Board is responsible for the proper administration of the association

• for the preparation of the general meeting and the agenda; the convocation of the general meeting

• the execution of the resolutions of the general meeting

• the decision on the admission and exclusion of association members

• the decision on remuneration, expense allowances, and reimbursement of expenses to be granted.

• The Board may, on its own initiative, make amendments to the statutes that are required by judicial or financial authorities for formal reasons. These amendments to the statutes must be communicated to all association members in writing as soon as possible.

3) The Board is entitled to transfer the management of ongoing administration to an executive management and to conclude an employment contract with them. The executive management is entitled to participate in board meetings in an advisory capacity. The executive management may receive appropriate remuneration for its activities. The Board decides on the payment of remuneration to the executive management.

4) Members of the Board can be part of the executive management.

5) All members of the association, including members of the Board, may also conclude service and temporary contracts with the association. The Board, in accordance with § 26 BGB, is responsible for deciding on the start, content, and end of contracts.

6) The liability of the members of the Board towards the association is limited to intent and gross negligence.

7) The association is represented judicially and extrajudicially by the 1st or 2nd Chairperson in individual representation. Financial matters and financial responsibilities are regulated by separate rules of procedure.

§10 The General Meeting

1) At least one ordinary general meeting takes place in the fiscal year, to which all members must be personally invited by the Board, stating the agenda. The invitation must be sent at least two weeks before the general meeting. The invitation can be sent by email or post. The invitation letter is deemed to have been received by the member if it is addressed to the last address provided by the member to the association.

2) An extraordinary general meeting must be convened by the Board if at least 10% of the members request it in writing or by email, stating the reason, or if the interests of the association require it. In urgent cases, the invitation period can be shortened to 3 days.

3) Any member may submit a written request to the chairperson at least one week before the day of the general meeting to add further matters to the agenda. The general meeting decides on motions to supplement the agenda that are only submitted at the meeting.

4) The general meeting is responsible for

• Receiving the Board’s report

• Discharging the Board

• Electing Board members

• Determining the amount of annual fees

• Deciding on amendments to the statutes

• Deciding on participation in companies

• Deciding on submitted motions

• Deciding on the dissolution of the association

• Deciding on appeals against a Board decision regarding a rejected admission application and an exclusion

• Deciding on the remuneration of the Board for its board activities

5) General meetings can take place virtually, i.e., without the physical presence of participants (“virtual general meeting”). The procedure, including the software used for this purpose, must be determined by the Board and communicated with the invitation.

6) The procedure for a virtual general meeting must ensure that only voting members can participate in votes. Traceability and integrity of voting results must be ensured.

§11 Resolutions of the General Meeting

1) The general meeting is chaired by the Board. In elections, the meeting leadership can be transferred to an election committee for the duration of the ballot and the preceding discussion.

2) Every general meeting convened in accordance with the statutes is quorate, regardless of the number of members present.

3) Every member is entitled to participate in the general meeting. All ordinary members are entitled to vote. If membership fees are collected, there is no voting right if the member is in arrears with payments. Each voting member has one vote. The right to vote is not transferable.

4) Every ordinary member who has reached the age of 18 has the right to be elected.

5) The general meeting decides by a simple majority of the votes cast, excluding abstentions. For amendments to the statutes and for the dissolution of the association, a majority of 3/4 of the votes cast is required. Amendments to the statutes and the dissolution of the association can only be voted on if this agenda item has already been indicated in the invitation.

6) Minutes of the general meeting and its resolutions must be drawn up and signed by the Board.

§ 14 Dissolution of the Association

1) The dissolution of the association can only be decided at a general meeting convened for this purpose.

2) The dissolution of the association requires a resolution passed at a general meeting with a three-quarters majority of the votes cast. This point can only be voted on if at least half of the possible members have participated in the vote. If less than half of the members are represented, an extraordinary general meeting must be convened with at least six weeks’ notice, which can then decide on the dissolution with a simple majority of the votes present.

3) In the event of the dissolution of the association or the cessation of its tax-privileged purposes, the assets of the association shall fall to another tax-privileged corporation for the purpose of being used for the promotion of the purposes specified in §2.

4) The destination of the assets is determined by the meeting that decides on the dissolution. Resolutions on the future use of the assets may only be executed after the consent of the tax office.

§ 15 Entry into Force

The foregoing statutes were adopted by the ordinary general meeting on May 26, 2020. They come into force upon registration in the register of associations.

Freiburg, May 26, 2020