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Xfce Foundation e.V.'s Articles of Association
Those documents are available in German on the git repository of the Foundation. They were first written in German for legal reasons, but in order to ease understanding of those Articles, we would like to provide an English translation. Please keep in mind that the German version is the only one to have a legal value, the translation is provided for the sole reason of openness.
This page will be used for the translation of the Articles. This work will then be transformed into a PDF generated using Latex. If you would like to comment on the translation, please do so in italic and add your name before. jeromeg: this is a comment
To ease the translation process, I reproduced the structure of the document by translating the titles of the different sections. My German is far from fluent so do not hesitate to improve those translations.
Our Articles of Association are based on the ones of KDE which are available online : KDE e.V. statutes. This can be used as a basis for the translation.
If you have any questions about this work, please get in touch with us.
Clarification of Terminology
- Under these Articles of Association we consider computer programs as free software, or “open source software”, which the originator puts into the public domain free of charge and in an irretrievable manner. In doing so, the originator allows others the freedom to use the program for any purpose, to study how the program functions, to adapt it to his/her own needs, to copy it for others and to improve the program and make these changes available for the common good.
- Developing free software in the sense of these Articles of Association consists of research and compilation of basic principles and concepts as well as their test by programming and test of free software which implement such concepts and basic principles.
- “Xfce Desktop Environment (Xfce)” is a graphic work environment containing not only the infrastructure for programs but also user programs, including sounds, pictures, documents and translations. It is being developed as free software and is made available to the general public free of charge.
Name, Registered Office and Financial Year
- The Association is registered as Xfce Foundation e.V..
- The Association’s registered offices are located in Lübeck. Should no fixed registered office be established, it will be managed from the residence of the respective Board member acting as general manager at any given time.
- The Association is to be entered in the Lübeck District Court’s Register of Associations.
- The financial year is the calender year.
Purpose of the Association
- The Association’s purpose is the promotion and distribution of free desktop software in terms of free software, and the program package “Xfce Desktop Environment (Xfce)” in particular, to promote the free exchange of knowledge and equality of opportunity in accessing software as well as education, science and research.
- The aim of the Association is to promote
- education, exchange of opinions and cooperation between users, developers and researchers
- research and debate on the impact of free desktop software and the notion of free software on society and science
- continuous development and research into free desktop software
- enhanced access to free desktop software, supporting pictures, sounds, data and documentation and the compilation and distribution of relevant material
- contributions and articles providing competent information to the public within the association’s field of activity and presence at trade fares and congresses, making information available to a broad spectrum of users.
- organisation of congresses and lectures open to the general public, which aim at promoting further training of project members and users
- protection of the project members free rights protecting them from the commercial interests of third parties
- Amendment of the association’s purpose may only be made in accordance with § 3 (1).
Non-profit Association
- The activities of the Association are exclusively and directly limited to non-profit activities as stipulated in § 2 of the Articles of Association and to tax-privileged purposes in accordance with §§ 51ff. AO (German Tax Regulations). Its activities are for the common good and are not pursued primarily for the purpose of profit making.
- The Association’s financial means may only be used for purposes stipulated in the Articles of Association. Members will only be reimbursed for their expenses but will not receive any direct benefits out of the Association’s funds.
- It is not permitted to favour somebody through association expenditures, which do not serve the associations purpose or are disproportionately high. Reimbursements for expenditures are made in accordance with the Federal Travel Expenses Code should no other legal regulations apply.
Types of Memberships and Members of the Association
- Both natural persons and legal bodies wanting to implement and promote the aims of the association may become members. Taking into account the international character of the Association and to give members the possibility to stop actively supporting and developing KDE without necessarily losing their membership, the following types of memberships are available:
- Active members are natural persons supporting the Association’s purpose and aims through their cooperation and who in doing so take over the complete duties of an association member. Primarily, they are expected to cooperate, participate in the general assembly and exercise their voting rights.
- Extraordinary members are natural persons and legal bodies, who through their membership declare their support of the Association’s purposes and aims, while refraining from voting rights and the exertion of the active members’ right to participate in the general assemblies. Legal bodies chose a representative to exercise the remaining rights and duties.
- Supporting Members are extraordinary members supporting the Association’s purposes and aims primarily through financial or material contributions. If desired, their names will be published on the Association’s website, and they have the right to participate in the general meetings. They do not have any voting rights.
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Organs of the Association
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General Assembly
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Duties of the General Assembly
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Board Of Directors
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By-Laws
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Meeting Minutes
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Labour Agreement
The Board Of Directors will constitute the payment of full-time employees through the By-Laws before their employment.
Financing of the Association
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Inception of the Articles of Association
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