Articles of Association

As of May 25, 2018
 

§ 1 Name, registered office and financial year

1. The association founded on June 9th, 1900 bears the name "Turn- und Sportverein Leinzell 1900 e.V."
2. The association has its registered office in Leinzell and is entered in the register of associations at the District Court of Schwäbisch Gmünd (register number: 64).
3. The financial year is the calendar year.
4. The club colors are yellow/red.
5. The association is a member of the Württemberg state sports association. The association and its members recognize the statutes and regulations of the Württemberg State Sports Association and its member associations, whose sports are practiced in the association, as binding for themselves.

§ 2 Purpose, Tasks and Principles

1. The purpose of the association is to maintain and promote sport. The association has set itself the task of serving the health of the general public, especially young people, according to the principle of voluntariness and to the exclusion of party-political, racial and religious aspects.
2. Another goal is to use new media and technologies to promote values ​​such as integrity, ethics and fair play in and through the field of eSports. eSport in the sense of the purpose of the statute is the competitive playing of video or computer games, in particular on computers and consoles, according to defined rules.
3. The association pursues exclusively and directly charitable purposes within the meaning of the section "tax-privileged purposes" of the tax code. The association is selflessly active - it does not primarily pursue its own economic purposes.
Funds of the association may only be used for statutory purposes. The members do not receive any donations from the funds of the association and, if they leave or if the association is dissolved or dissolved, they will not be reimbursed any contributions they have paid in, nor will they have any claim to association assets.

§ 3 Membership

The association consists of:
- Ordinary members (natural persons)
- Extraordinary members (legal entities and unincorporated associations)

§ 4 Acquisition of Membership

1. A member is accepted by a resolution of the board of directors based on a written application for membership, which is to be addressed to the association. The application for admission by minors requires the signature of the legal representative.
2. A rejection of the application for membership by the board does not require any justification.
3. Ordinary membership begins with the confirmation of the application for membership by the Executive Board.
4. The beginning of the membership of an associate member is determined by a special agreement between the associate member and the association.
5. Persons who have made a special contribution to the promotion of sport and youth can be appointed honorary members by decision of the board.

§ 5 Termination of Membership

1. The membership of a full member ends through resignation, expulsion or death.
2. The resignation of a full member takes place by means of a written declaration to the board of directors by September 30 at the latest and becomes effective at the end of the current calendar year, provided that the minimum membership period of 1 year has been fulfilled by then.
The regulations applicable to the application for admission apply accordingly to the declaration of withdrawal by minors. (Other notice periods are also possible.)
3. The expulsion of a full member can be decided by the board if the member:
- violates the provisions of the statutes, regulations or the interests of the association.
- does not follow the orders or resolutions of the association's bodies.
- Is in arrears with the payment of his financial obligations towards the association despite two written reminders. Before deciding on the exclusion, the Board of Directors must give the member the opportunity to comment orally or in writing; the member is to be asked to do this, subject to a minimum period of 10 days.
The decision on the exclusion must be justified in writing and the person concerned must be notified by registered letter. The person concerned has the right to appeal to the association council against the exclusion decision.
4. The termination of the extraordinary membership results from the agreement made between the extraordinary member and the association.

§ 6 Contributions and Services

1. Full members are obliged to pay dues. The amount of the contributions and the allocations is determined by the general assembly. The General Assembly can also decide on other services to be provided by the members.
Details are regulated by the membership fee regulations of the association, which are decided by the general assembly.
2. The contributions of the extraordinary members are determined by special agreement between the extraordinary member and the board of the association.
3. The department assemblies can decide on additional department fees and allocations.
- Draft without admission fee

§ 7 Rights and duties of the members

1. These statutes and the regulations of the association as well as the resolutions of the association’s bodies are binding for the members. The members are obliged to promote the interests of the association and to refrain from anything that is contrary to the reputation and purpose of the association.
2. Every full member over the age of 16 is entitled to participate in the decision-making process in the association by exercising the right to propose, discuss and vote at the general meetings.
3. Ordinary members are entitled to take part in all events of the association and to use the association's facilities.
4. The extraordinary members are entitled to use certain facilities of the association in accordance with the resolutions passed by the board. Extraordinary members have no voting rights and no active or passive right to vote. They have the right to take part in the general meetings. As with ordinary members, insurance cover is provided by the Württemberg State Sports Association.

§ 8 Bodies

The organs of the association are:
- The General Assembly
- The club council
- The board

§ 9 General Assembly

1. The general meeting takes place once a year in the first quarter.
2. The general meeting is to be announced by the first spokesman of the board, or by the deputy spokesman of the board if he is unable to do so, by publication in the community gazette with a notice period of 4 weeks and by announcing the agenda, in which the objects of the resolution are to be named are to convene.
3. The General Assembly has the following tasks:
- Receipt of the annual reports of the Board of Directors
- Receipt of the auditors' reports
- Discharge of the board
- Election of the Board of Directors
- Election of cash auditors
- Determination of the contributions, admission fees, allocations and other service obligations according to § 6 of the association's statutes
- Advice and decision-making on existing applications
- Resolution on changes to the statutes and dissolution of the association
4. Motions for the general meeting can be made by the board and each member. They must be submitted in writing to the first spokesman of the board no later than 2 weeks before the general meeting. Motions that arrive later can only be discussed if two-thirds of the voting members present recognize the urgency.
5. The General Assembly has a quorum regardless of the number of members present. Resolutions are passed by a simple majority of votes – invalid votes and abstentions are not counted.
6. Resolutions on changes to the statutes and dissolution of the association require a majority of three quarters of the voting members present.
7. The resolutions of the general meeting are to be signed by the minute taker and by the first spokesman of the board, if he/she is unable to do so, by the deputy spokesman of the board.
8. The rules of procedure, which are to be decided by the general meeting, are decisive for the further formalities of the process and the passing of resolutions (including elections).

§ 10 Extraordinary General Assembly

The board of directors can convene extraordinary general meetings with a notice period of 14 days. He is obliged to do this if:
- the interest of the association requires it
or
- the convening of a meeting is requested in writing by a quarter of all members of the association entitled to vote, stating the purpose and the reason.

§ 11 Association Council

1. The members of the club council are:
- The members of the board
- The department heads or their deputies
- Up to 3 additional assessors
2. Meetings of the association council are to be held at least once a year.
3. The association council is responsible for:
- The adoption of the budget.
- The passing of resolutions on the regulations of the association.
- Decision-making about the creation and dissolution of departments.
- Appeals against expulsion decisions of the board.
- Decision-making on joint events of a social and sporting nature.

§ 12 Management Board

1. The board consists of at least three equal business unit managers.
The following areas of responsibility in particular are to be performed by the members of the Management Board:
- Sports departments, trainers, club youth, women in sports, health, leisure sports
- Finances, budget, membership administration, insurance, cooperation with the community
- Secretary, Public Relations, Honors, Social
- Business operations, clubhouse rental, events
- Construction, Environment, Maintenance
In addition, a sub-board for the “Finance” area is elected during the general meeting. The details are regulated by the rules of procedure.
2. The board within the meaning of § 26 BGB are:
- The first board spokesman
- The deputy board spokesman
- The division manager
The first board spokesman and the deputy board spokesman are elected by the business unit managers. The association is represented in court and out of court by 2 of the named board members, including the first board spokesman or the deputy board spokesman.
The power of representation of the board is regulated by the financial regulations.
3. The board is elected by the general meeting for a period of 2 years. He remains in office until the statutory new election.
4. If a board member resigns prematurely, the board can temporarily appoint a new member up until the next general meeting.
5. The Board of Directors takes care of all current association matters, in particular it is responsible for the administration of the association's assets.
He is responsible for all tasks that are not assigned to another body of the association by the articles of association. The responsibilities of the individual board members can be defined in a task allocation plan.
6. The Board of Directors makes its decisions with a simple majority. In the event of a tie, the vote of the first board spokesman decides, in his absence that of the deputy board spokesman. Regardless of the number of members present, the board has a quorum if at least two board members are present, including the first board spokesman or the deputy board spokesman.
7. The organs of the association can decide that committees are formed for certain areas of responsibility.

§ 13 club youth

The club youth is responsible for handling youth affairs. The youth of the club work in accordance with a youth ordinance decided by the youth assembly, which requires the approval of the club council.

§ 14 Orders

In order to implement these statutes, the association has rules of procedure, financial regulations, contribution regulations and youth regulations. With the exception of the business, financial and honorary regulations, which are to be decided by the general assembly, the association council is responsible for issuing the regulations.

§ 15 Departments

1. There are departments for the sports practiced in the club or, if necessary, they are founded by resolution of the club council.
2. The department is managed by the department head, his deputy, the treasurer, the youth representative, the secretary and the employees to whom fixed tasks are to be assigned directed. The head of department is a special representative according to § 30 BGB.
3. The members of the department heads are elected at the department assembly. The head of department is responsible to the organs.
4. The departments independently manage the funds allocated to them by the budget and their own income. They may only enter into liabilities for statutory purposes within the framework of the available budget. The cash management can be checked at any time by members of the board.

§ 16 Penal Provisions

The board of directors can impose the following disciplinary measures against the members of the association if they violate the statutes or the regulations of the association or if they damage the reputation, honor or assets of the association:
- Reference
- Temporary ban on participation in sports operations and club events
- Exclusion according to § 5 clause 3 of the articles of association

§ 17 cash auditor

1. The general meeting elects at least two cash auditors from among the members entitled to vote, who may neither belong to the board nor to the association council. The departments proceed accordingly.
2. The cash auditors check the regularity of the bookkeeping and the receipts of the association, the cash management of the departments and other cash registers factually and mathematically and confirm this with their signature. A report on this is to be submitted to the General Assembly.
3. If there are any deficiencies, the cash auditors must first report this to the board.
4. If the cash transactions are properly managed, the cash auditors apply for discharge.
5. Details of the cash audit are regulated by the financial regulations.

§ 18 Dissolution of the Association

1. The dissolution of the association can only be decided in a general meeting, at the convening of which the resolution on the dissolution of the association is announced to the members.
2. Such a general meeting may only be convened if it:
- A) the board has decided with a majority of three quarters of all its members
or
- B) was requested in writing by two-thirds of the members of the association entitled to vote.
3. The dissolution of the association can only be decided with a majority of three quarters of the attending members entitled to vote.
The vote must be made by name.
4. In the event of dissolution, the general meeting appoints two liquidators who are to handle the association's business.
5. If the association is dissolved or if its previous purpose ceases to exist, the association's assets pass to the municipality of Leinzell, which may use them directly and exclusively for charitable purposes to promote sport.

§ 19 data protection

1. When a member joins, the association collects personal data that is necessary to fulfill the association's purpose and to pursue the association's goals. This information is stored in an IT system which is connected to the administration system of the DFB and the Württemberg Football Association (wfv). Each member of the association is assigned a membership number (mandate reference).
2. The personal data is protected against third-party access by appropriate technical and organizational measures. Other information about members or non-members is only processed or used by the association if it is useful for promoting the purpose of the association and there are no indications that the person concerned has a legitimate interest that conflicts with the processing or use.
3. As a member of the Württemberg Football Association (wfv), the club is obliged to report the data of its members to the association in electronic form in the club's interest and for insurance purposes. Name, date of birth, address and communication data are transmitted. Furthermore, entry and exit dates and awards. In the case of members with special tasks or functions, the designation of their function in the association.
4. Member data can be transmitted to the municipal administration for the purpose of promoting the association and protecting the legitimate interests of the municipality of Leinzell.
5. Member directories are only used internally and are only given to members who have a special function in the association that requires knowledge of the member data.
6. The Board of Directors or members commissioned by the Board of Directors publicize special events in the life of the association. In addition to local print media, this is also done via social networks and, in particular, via the website of TSV Leinzell 1900 eV (www.tsv-leinzell.de). Personal member data as well as image and sound recordings can be published. The individual member can at any time raise objections in writing to the board of directors against such publication of their data. In this case, there will be no further publication in relation to this member. In the case of minors, parents or legal representatives must object in writing to such publication.
7. When a member leaves, personal data is archived. The archived data is also protected against third-party access by appropriate technical and organizational measures. The archived data may also only be used for club and association internal purposes.
All data relating to cash management relating to the resigning member will be stored for up to ten years from the written confirmation of the resignation by a member of the board in accordance with tax law provisions.
The basics of data collection, processing and use are decided by the Board of Directors and set out in writing in a data protection regulation. The Management Board is entitled and obliged to adapt the data protection regulations at any time to the currently valid legal regulations and provisions, in particular to the conditions of the General Data Protection Regulation (GDPR).

§ 20 Flat rate for volunteering

If required, association offices can be exercised within the framework of budgetary possibilities for a fee on the basis of a service contract or against payment of an expense allowance in accordance with § 3 No. 26a EStG. The board of directors makes the decision on paid association activities. The same applies to the content of the contract and the termination of the contract.

§ 21 Effective Date

The statutes were adopted at the extraordinary general meeting on July 25, 2018 and replace the previous statutes of November 26, 1999.
It comes into force with its entry in the register of associations.

§ 2, § 9, § 12, § 19 and § 20 will be introduced at the general meeting after the entry in the register of associations.

 

 

Leinzell, 07|25|2018

Andreas Baumgärtner, Head of Business & Events“
Andreas Kugler, Head of “Sport & Activities”
Tobias Mozer, Head of Public Relations
Siegfried Friedrich, head of the "Finance" division