Art. 1 Name and registered office
Under the name evig there exists an association within the meaning of Art. 60 ff. of the Swiss Civil Code (ZGB).
The registered office of the association is in Zurich.
The duration of the association is unlimited.
The constitution of evig — open to read before it is adopted.
Draft — not yet adopted
evig is being founded. These statutes are a draft and have not yet been adopted by any founding assembly. They do not yet establish an association or any rights. We publish them anyway — because a constitution should be readable before it is adopted, not only afterwards.
The German version is authoritative
This translation is provided for understanding. Only the German version is legally binding.
I. Name, registered office and duration
II. Purpose and resources
III. Membership
IV. Bodies
V. Transparency
VI. Final provisions
Under the name evig there exists an association within the meaning of Art. 60 ff. of the Swiss Civil Code (ZGB).
The registered office of the association is in Zurich.
The duration of the association is unlimited.
The purpose of the association is to give people access to capable information technology and to digital education — regardless of their financial means.
It pursues this purpose in particular through:
The association is charitable and neutral in both religious and political terms. It does not pursue commercial ends and does not seek profit.
Economic activity is permitted insofar as it serves the fulfilment of the purpose and remains subordinate to it. It is a means to the purpose and never an end in itself.
The activity of the association is directed at the general public and not merely at its members.
To pursue its purpose, the association has at its disposal:
Any surplus remains entirely with the association and is used exclusively for the purpose set out in Art. 2. Any distribution to members or third parties is excluded.
The assets of the association are dedicated exclusively and irrevocably to its purpose.
In order to fulfil its purpose, the association may hold participations in legal entities or establish such entities.
Such participations are held as an investment of assets and remain subordinate to the purpose. The association does not exercise management in the companies concerned.
Income from participations accrues entirely to the purpose of the association.
Natural persons and legal entities that support the purpose of the association may become members.
The board decides on admission. A rejection does not have to be justified.
Membership ends:
The board may exclude a member who harms the purpose of the association or who fails to meet their obligations despite a reminder. The member concerned may refer the decision to the general assembly within 30 days.
Members who have resigned or been excluded have no claim to the assets of the association.
The general assembly sets the annual membership fee.
Only the assets of the association are liable for its obligations. Any personal liability of the members and any obligation to make additional contributions are excluded (Art. 75a ZGB).
The bodies of the association are:
The general assembly is the supreme body of the association. It is convened once a year in ordinary session, stating the agenda and with at least 20 days' notice.
The following non-transferable powers are vested in it:
Each member has one vote. Resolutions are passed by a simple majority of the votes cast; in the event of a tie, the chair casts the deciding vote.
An extraordinary general assembly is convened by resolution of the board or at the written request of at least one fifth of the members.
Resolutions may also be passed in writing or electronically, provided that no member requests an oral deliberation.
The board consists of at least two members. It constitutes itself.
If the employment or the compensation of a board member is resolved upon, the board must consist of at least three members.
The term of office is two years; re-election is possible.
The board holds all powers that are not expressly reserved to another body. It conducts the day-to-day business and represents the association externally.
The board has a quorum when the majority of its members are present. Minutes are kept of the deliberations and resolutions.
The association is legally bound by the joint signature of two members of the board.
The members of the board hold their office on a voluntary basis as a matter of principle.
Actual expenses are reimbursed against receipts. Lump-sum expense allowances are excluded.
Appropriate compensation may be paid for work actually performed. It is determined by the general assembly.
Where a matter concerns the personal interests of a member of a body — in particular their employment or compensation — that member abstains. They take part neither in the deliberation nor in the decision. The abstention is recorded in the minutes.
Compensation paid to members of the bodies is disclosed in the annual report.
The general assembly may appoint auditors.
If the legal conditions for a statutory audit are met (Art. 69b ZGB), the general assembly appoints auditors in accordance with the applicable provisions.
The association publishes its statutes, the composition of its board and, annually, the annual report and the annual accounts.
Publication takes a form that makes subsequent changes traceable.
As long as the association is not legally exempt from taxation, it issues no donation receipts and makes no statements claiming recognised charitable status.
The financial year corresponds to the calendar year. The first financial year ends on 31 December of the year of foundation.
Amendments to these statutes require the approval of two thirds of the votes cast at the general assembly. Amendments to Art. 2 (purpose) and Art. 17 (allocation of assets) are reported to the cantonal tax authority.
The dissolution of the association requires the approval of two thirds of the votes cast at the general assembly.
Upon dissolution of the association, its assets pass to another tax-exempt legal entity domiciled in Switzerland that pursues the same or a similar purpose.
The repayment of contributions to members and any other distribution of the assets to the members are excluded.
These statutes were adopted at the founding assembly and have been in force since.
These statutes live in the public source-code repository of evig. Every change is traceable there as a single dated revision — retroactively as well.
View source and change history