Dr. Stefanie Rosin
First Chair, IBCLC, LLL-Beraterin
Stillberatung Rosin
Regina Masaracchia
Second Chair, IBCLC,
Juanita Jauer Steichen
IBCLC, LLL-Beraterin, Kodex und Ethik-Spezialistin
Statutes of the non-profit Association
1 Name and seat
The association is named “International Code Compliant Funds for Breastfeeding Research and Practice e.V.”. The seat of the association is Berlin, Germany.
2 Financial year
Fiscal year is the calendar year. The association is founded for an indefinite duration.
3 Purpose of the Association
The Association pursues exclusively and directly charitable purposes within the meaning of the section “tax-privileged purposes” of the tax code.
The purpose of the association is the promotion of science and research as well as the promotion of public health and the healthcare system. The protection, promotion and support of breastfeeding for the natural nutrition of babies and toddlers are among the most effective measures to improve the chances of survival of babies. Breast milk contains antibodies, living cells, is clean and hygienically safe and thus the optimal prevention against common childhood diseases. Breastfeeding reduces the risk of breast cancer or ovarian cancer in mothers. This comprehensive prevention of maternal and child diseases is based on a large body of scientifically proven evidence.
At the 34th session of the WHA World Health Assembly in 1981, the International Code of Marketing of Breastmilk Products was adopted. It is a minimum requirement to protect and promote the optimal natural nutrition of babies and toddlers. The aim of the Code is to prevent the aggressive and inappropriate marketing of breastmilk substitutes, bottles and teats. This will promote both public health and sustainability. Breastfeeding is not only a sustainable health resource, but also a “green food” with enormous potential for environmental protection, avoiding the production of dispensable materials, overproduction of cow’s milk (methane gas and CO2) and waste of energy and resources.
The purpose of the statutes is realized in particular by:
- The own implementation of scientific projects e.g. Randomized-controlled study on the topic: “Comparison of different approaches to breastfeeding support to examine the need for breastfeeding support for a successful breastfeeding initiation” in a hospital of maximum care in Berlin, beginning of 09/2019, duration: 2 years. The research results will be published promptly.
- Events: Lectures at specialist conferences, such as the World Breastfeeding Conference in Rio de Janeiro in November 2019 to disseminate scientific knowledge
- Initiation of breastfeeding projects to improve public health care, such as the establishment of breastfeeding clinics and milk banks, to enable mothers to breastfeed and to administer breast milk in line with the WHO evidence-based recommendation.
- Information on breastfeeding / breastfeeding support for professionals who advise pregnant women, mothers and families on pregnancy, childbirth, neonatal development, nutrition and breastfeeding.
- Activities at the health policy and medical care system level, aimed at improving breastfeeding support and recognition of the profession of ‘breastfeeding / lactation consultant’, such as The World Breastfeeding Trends Initiative, evaluating the health policy framework for breastfeeding support, including recommendations for action.
In particular, the Association is committed to complying with the provisions of the International Code of Marketing of Breast-milk Substitutes and subsequent WHA resolutions, and therefore exclusively accepts code-compliant donations from companies and individuals, as well as funds from federal-state-regional-community-level, EU -level or funds from other official bodies. The Association’s activities focus in particular on Germany and Europe.
4 Charitable activity
The Association is charitably active; and does not pursue primarily self-economic purposes.
5 Use of funds
Means of the association may be used only for the statutory purposes. The members may not receive any profit shares from the funds of the association.
The paid employment of board members or members as well as the remuneration of the association’s activity in the form of a small contractually compensated expense allowance is possible. Expenses incurred in association activities can also be claimed through the association’s funds.
It is expressly permitted to use the funds raised for own research projects of the association members, provided that this use is transparent and does not contradict the purpose of the association.
6 Prohibition of benefits
No person may be favored by expenses that are foreign to the purpose of the corporation or by disproportionately high remuneration.
7 Acquisition of membership
Natural persons or legal entities or partnerships may become members of the association. At the suggestion of the association extraordinary members can also be accepted by resolution of the general meeting. Incidentally, in special cases, personalities who have made themselves worthy of the purpose of the association can become honorary members.
The application for membership must be submitted in writing. The board decides on the application for admission.
Against a possible rejection on the part of the board, which does not require any justification, the applicant is entitled to appeal to the general meeting, which then finally decides. If the votes are equal, the 1st chairman of the association decides. 8 Termination of membership
The membership ends by resignation, exclusion, death or dissolution of the legal entity. Resignation shall be effected by written declaration to an authorized member of the Board. The written resignation must be declared to the Executive Board with one month’s notice at the end of each financial year (receipt by 30 November at the latest). An exclusion can only be made for good cause. Important reasons are, in particular, a behavior that damages the goals of the association, the violation of statutory obligations, such as compliance with the provisions of the International Code of Marketing of Breastmilk Substitutes and subsequent WHA Resolutions, or with arrears of at least one year. The Executive Board decides on the exclusion and informs the member in writing. The member is entitled to appeal against the exclusion to the general meeting, which must be addressed in writing within one month after receipt of the exclusion to the executive committee. The general meeting decides finally. If the votes are equal, the 1st chairman of the association decides. The member reserves the right to review the measure by referral to the ordinary courts. The invocation of a court of first instance has a suspensive effect until the final decision.
Juridical persons also retire when their headquarters are moved to a country outside Germany. However, in this case natural persons can continue to be members.
9 Membership fees
Membership fees are made by the members to cover the start-up costs of approximately € 140, – which the members split between themselves. Further administrative costs should be covered by the funds raised.
If this is not enough, the Executive Board decides on the amount of other possible annual contributions and their due dates, which they submit to the members for approval in writing or at the Annual General Meeting, and then finally decide on the amount by a simple majority. If the votes are equal, the 1st chairman of the association decides.
10 Organs of the association
The bodies of the Association are the General Assembly and the Executive Board.
11 General Assembly
The general meeting is the highest organ of the association. Their duties include, in particular, the election and deselection of the Board, discharge of the Board, receipt of the reports of the Board, election of auditors, determination of contributions and their due date, passing of resolutions on the amendment of the statutes of Association, resolution on the dissolution of the association, decision on admission and exclusion of members in appeal cases as well as other duties, as far as these result from the statute or according to the law. A regular general meeting takes place annually. Both the founding assembly of the association and the general meeting are also quorate by circulars (circulars or other text messages), if the members cannot be present in person. In this case, votes for resolutions and / or signatures are obtained in writing and are equivalent to resolutions of the General Assembly.
The Board is obliged to convene an Extraordinary General Meeting if at least one third of the members request this in writing, stating the reasons. The general meeting shall be convened in writing by the board, giving one month’s notice, indicating the agenda.
The period begins with the day following the dispatch of the letter of invitation. The letter of invitation is deemed to have been received by the members if it was addressed to the last address / e-mail address / mobile number given to the association. The agenda must be supplemented if requested in writing by a member no later than one week before the scheduled date. The supplement will be announced at the beginning of the meeting.
Applications for the deselection of the board, the amendment of the statutes and the dissolution of the association, which the members have not already received with the invitation to the general assembly, can only be decided upon at the next general assembly.
The general meeting is quorate with a simple majority and is led by a board member.
At the beginning of the General Assembly a secretary is to be elected. Each member has one vote. The voting right can only be exercised personally or for a member upon presentation of a written power of attorney. Votes are decided by a simple majority of the votes cast. If the votes are equal, the 1st chairman of the association decides.
Changes of the statutes and dissolution of the association can only be decided by a majority of 2/3 of the present members. Abstentions and invalid votes are disregarded. A record of the decisions of the General Assembly has to be made and signed by the chairman of the meeting and the secretary.
12 Board
The board within the meaning of § 26 BGB consists of the 1st and 2nd chairmen. The bookkeeping for the association can also be awarded externally with appropriate use of the association’s funds. The board members represent the association in and out of court. The board members are each individually entitled to represent the association.
The association has a quorum with a simple majority in order to decide on the use of the association funds for projects and benefits within the meaning of the articles of association or for administrative purposes. This can be done either in writing or on the occasion of the general meeting with voting. If the votes are equal, the 1st chairman of the association decides. The decisions on the allocation of funds for projects are transparent, e.g. the club website is used for this purpose.
The Board is authorized to act independently for the association if changes are pending on the part of the association register and / or financial bodies.
The board is elected by the general assembly for a term of two years. Only members of the association can become Board members. Re-election is permissible. The board remains in office until a new board is elected. Upon termination of membership in the association also ends the office as a board.
13 Cash Audit
The General Assembly elects a cash auditor for a period of one year. This person should not be a member of the Board. Re-election is permissible.
14 Dissolution of the Association
The dissolution of the Association takes a general assembly with a majority of three quarters of present members. If the general assembly does not decide otherwise, the first and second chairs are authorized to liquidate the association together.
In case of dissolution of the Association or the abolition of tax-privileged purposes, the assets of the Association fall to the German “Aktionsgruppe Babynahrung e.V.”, which it has to use directly and exclusively for charitable purposes; or to a corporate body operating directly and exclusively for charitable purposes, or other tax-privileged entity for use in Code-compliant science and research funding and practice projects for the protection, promotion and support of breastfeeding in the spirit of WHO and UNICEF (Global Strategy on Infant and Young Child Feeding and the like). Resolutions about this paragraph can only be changed in cooperation with the tax and revenue office in charge.
November 2021