Statutes of the Billiard Club Wedel 61 e.V.
This is an unofficial AI translation – when in doubt – see the German version
§ 1 Name, registered office and legal form
The association bears the name ‘Billardclub Wedel 61 e.V.’ (BCW). The registered office of the BCW is Wedel / Holstein. The association is entered in the register of associations at the Pinneberg Local Court under the register number -118-.
§ 2 Purpose and tasks
The purpose of the association is the promotion of sport, in particular billiards, and the promotion and support of youth work in the association. The purpose of the statutes is realised through the organisation of internal, regional and national competitions, the participation of members in these competitions, the construction of sports facilities and the promotion of sporting exercises and achievements.
The association pursues exclusively and directly charitable purposes within the meaning of the section ‘tax-privileged purposes’ of the German Tax Code of 1977 (§§ 51-68).
§ 3 Principles
The association is selflessly active. It does not primarily pursue its own economic purposes. Its members work on a voluntary basis. The Association’s funds may only be used for the purposes set out in the Articles of Association. Members do not receive any benefits from the association’s funds. No person may be favoured by expenses that are alien to the purpose of the association or by disproportionately high remuneration.
The BCW is politically, religiously and economically neutral.
§ 4 Membership
The association consists of adult (ordinary), youth, supporting and honorary members.
Ordinary members are of legal age. They have all rights arising from the Articles of Association, are entitled to vote and are required to fulfil statutory duties.
Youth members are not of legal age. Their rights and obligations are regulated in the BCW’s youth regulations.
Supporting members are not subject to the statutory rights and obligations and are exempt from the admission fee.
Honorary members can only be appointed by a simple majority of the votes cast at the general meeting on the recommendation of the board. They enjoy all the rights of ordinary members.
§ 5 Acquisition of membership
Any natural person can become a member of the Association. Admission forms must be signed in person. Young people under the age of 18 require the consent of their legal representative on the membership application form. Upon signing the application for membership, the applicant will receive the Articles of Association.
The Board of Directors decides on admission by a simple majority at its meeting. New admissions and rejected applications for membership must be regularly presented to the General Meeting.
After confirmation of admission, the admission fee and membership fee are due. As a rule, membership fees are collected quarterly at the beginning of each quarter by direct debit by the treasurer.
The Articles of Association are binding for every member.
§ 6 Rights and obligations of members
After admission to the Association, every member is entitled to use the Association’s facilities, to participate in all Association events and to exercise their voting rights at general meetings.
Members are obliged to
a) to contribute their share of co-operation to the Association in accordance with the Articles of Association, the principles and resolutions of the General Meeting, as well as those of the Board of Directors;
b) to pay the duly resolved contributions and levies; c) to notify the Executive Board immediately in writing of any personal changes (change of residence, etc.) and any changes that are relevant to the levying of contributions.
§ 7 Termination of membership
Membership ends when a member resigns, is expelled from the association or dies.
Resignation is only possible at the end of the year and must be notified by registered letter to the Association’s Executive Board with a notice period of 4 weeks. In special cases, the Executive Board may decide to terminate membership prematurely.
If a member has grossly violated the interests of the Association, he or she may be expelled from the Association by resolution of the Executive Board. The decision of the Executive Board must be communicated to the member concerned by registered letter, stating the reasons and including legal information. An appeal against this decision may be lodged within 2 weeks. The next General Meeting shall be the instance of appeal.
§ 8 Subscriptions
The amount of the membership fees, the admission fee and any levies shall be decided annually by the members at the Annual General Meeting by a simple majority of the valid votes cast.
At the request of a member, the Executive Board may reduce the membership fee. Supporting members pay a support fee. Honorary members are exempt from any payment.
§ 9 Financial year, place of fulfilment
The financial year is the calendar year. The place of fulfilment for all mutual claims is Wedel. The place of jurisdiction is Pinneberg.
§ 10 Organs
The bodies of the Association are the Executive Board and the General Meeting.
§ 11 Executive Board
The executive board consists of the 1st chairman, the sports director (deputy chairman) and the treasurer.
The extended board consists of the secretary and the youth chairman or youth manager.
The Executive Board is elected for 3 years. Only members who are of legal age and have been members of the association for at least 6 months can be elected to the executive board. The general meeting can also appoint a voting representative to the extended board for each board member.
The youth chairman is elected by the youth of the association for a period of 2 years and confirmed in office by the general meeting. If no youth chairman has been elected, the general meeting appoints a youth leader.
The association is represented judicially and extrajudicially by 2 members of the executive board within the meaning of § 26 BGB.
The Executive Board passes all resolutions with a simple majority of the votes cast. At least 2 members of the Executive Board must be present to pass resolutions.
The 1st Chairman or his deputy chairs the meetings of the Executive Board and the General Meetings.
The treasurer manages the association’s finances and keeps a cash book of receipts and expenditure with receipts. He submits his cash report to the Executive Board and the General Meeting.
§ 12 General Meeting
The supreme body of the Association is the General Meeting. Its resolutions are binding for all members. An Annual General Meeting must be held once a year in the 2nd quarter. The date and agenda must be communicated to all members in writing with a notice period of 4 weeks. The letter of invitation shall be deemed to have been received by the member if it is sent to the last address provided to the Association in writing by the member. The Board of Directors sets the agenda.
The Executive Board may convene an ‘extraordinary general meeting’ at any time if the interests of the association so require. It must convene an extraordinary general meeting if 1/3 of the members entitled to vote request this in writing, stating the purpose and reasons.
Young people over the age of 16 are entitled to vote, provided that the topics listed on the agenda relate to the interests of the association’s youth.
The general meeting is quorate if at least 1/4 of the members entitled to vote are present. If there is no quorum, the Executive Board is obliged to convene a new general meeting with the same agenda with a notice period of 2 weeks. This meeting is then quorate with the number of members present. This must be indicated in the invitation issued.
The General Meeting is responsible for the following matters:
a) Acceptance of the annual report and the annual accounts of the Executive Board;
b) Discharge, election and dismissal of the Executive Board;
c) Election of cash auditors;
d) Confirmation of the youth executive committee or election of a youth officer if no youth executive committee has been formed by the association’s youth;
e) Determination of contributions and any levies;
f) passing resolutions on amendments to the articles of association and the dissolution of the association;
g) Resolution on an appeal against an exclusion decision by the Executive Board
h) Appointment of honorary members.
§ 13 Motions
Motions and motions to amend the Articles of Association must be submitted to the Executive Board in writing, observing a deadline of 2 weeks before the date of the convened General Meeting. The motions must be explained with reasons.
The Executive Board is required to send a copy of motions to amend the Articles of Association to all members immediately and to add this item to the agenda.
All other motions must be presented and included in the agenda at the beginning of the General Meeting.
Motions that are not submitted on time but are submitted later can only be discussed and voted on as urgent motions. The General Meeting decides on the question of urgency by a 2/3 majority of the votes present. If requested, the applicant must be given the floor to justify the urgency. A member may speak against the urgency. Otherwise, there is no debate on the question of urgency. Motions to amend the Articles of Association cannot be submitted as a matter of urgency.
Amendments to the Articles of Association can only be adopted if they are included as a special item on the agenda accompanying the invitation or if the members have been notified of the reason and/or topic with the agenda.
§ 14 Resolutions of the General Meeting
The General Meeting is chaired by the 1st Chairman or, if he is unable to do so, by his deputy or another member of the Executive Board. In the case of elections, the chairmanship of the meeting may be delegated to another member for the duration of the ballot and the preceding discussion.
The type of voting is determined by the chairman of the meeting. Secret ballots must be held at the request of a member with voting rights.
The minutes are kept by the secretary. If the secretary is not present, a secretary shall be appointed from the General Meeting.
The General Meeting generally adopts resolutions by a simple majority of the valid votes cast. Abstentions are therefore not taken into account.
A 2/3 majority of the valid votes cast is required for amendments to the Articles of Association.
Minutes must be kept of the resolutions of the General Meeting. These should show: the time and place of the meeting; the person chairing the meeting and the person taking the minutes; the number of members present; the agenda; the individual voting results and the type of vote. In the case of amendments to the Articles of Association, the exact wording should be stated.
§ 15 Auditors
The General Meeting elects two cash auditors in accordance with § 12, 5 c, alternating one per year. Re-election is permitted. They check the cash register for correctness and submit the cash audit report to the General Meeting.
§ 16 Rules of procedure
The bodies of the BCW shall conduct their business in accordance with the rules of procedure applicable to them, which are not part of the statutes.
§ 17 Club youth
The youth of the BCW is the youth organisation of the club. It shall adopt its own youth regulations, which shall be adapted to these statutes.
§ 18 Dissolution of the Association
The dissolution of the association can only be decided in an extraordinary general meeting convened for this purpose. A 3/4 majority of the voting members present is required for this dissolution resolution.
In the event of the dissolution or cancellation of the association or the discontinuation of its previous purpose, the existing assets of the association shall be made available to the ‘Stiftung Deutsche Sporthilfe’ in Frankfurt/Main after covering all existing liabilities, which shall use them exclusively and directly for charitable purposes (if possible to help mentally and physically handicapped children).
Wedel, 20 August 1995