Statutes

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

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.

II. Purpose and resources

Art. 2 Purpose

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:

  1. testing, repairing and passing on used devices so that they stay in use for as long as possible (circular economy);
  2. repair, advisory and support services for hardware and software;
  3. educational offerings for digital participation;
  4. the development and free publication of open-source software and of research results as a publicly accessible good;
  5. offerings that give people with restricted access to the labour market a meaningful occupation.

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.

Art. 3 Resources

To pursue its purpose, the association has at its disposal:

  1. membership fees;
  2. contributions, donations, legacies and inheritances;
  3. grants from public authorities and from foundations;
  4. income from purpose-related activities and services;
  5. income from the association's assets.

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.

Art. 4 Participations

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.

III. Membership

Art. 5 Acquisition of membership

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.

Art. 6 Termination of membership

Membership ends:

  1. for natural persons upon death, for legal entities upon dissolution;
  2. by written resignation at the end of a financial year, subject to one month's notice;
  3. by exclusion.

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.

Art. 7 Fees and liability

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).

IV. Bodies

Art. 8 Bodies

The bodies of the association are:

  1. the general assembly;
  2. the board;
  3. the auditors, if any are appointed.

Art. 9 General assembly

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:

  1. approval of the annual report and the annual accounts;
  2. discharge of the board;
  3. election and removal of the members of the board and of any auditors;
  4. setting the membership fee;
  5. resolutions on compensation paid to members of the bodies (Art. 12);
  6. amendment of the statutes;
  7. dissolution of the association.

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.

Art. 10 Board

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.

Art. 11 Signatory authority

The association is legally bound by the joint signature of two members of the board.

Art. 12 Compensation and abstention

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.

Art. 13 Auditors

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.

V. Transparency

Art. 14 Disclosure

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.

VI. Final provisions

Art. 15 Financial year

The financial year corresponds to the calendar year. The first financial year ends on 31 December of the year of foundation.

Art. 16 Amendment of the statutes

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.

Art. 17 Dissolution and allocation of assets

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.

Art. 18 Entry into force

These statutes were adopted at the founding assembly and have been in force since.

Where this document comes from

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