The Statutes (as of 21.01.2017)
Gesangverein Sängerkranz 1876 Watzenborn-Steinberg e.V.
saengerkranz1876.de
Association statutes
Status: 21.01.2017
Table of contents
§ 1 Name and seat of the association, financial year
§ 2 Purpose of the association
§ 3 Means
§ 4 Type of membership
§ 5 Acquisition of membership
§ 6 Termination of membership
§ 7 Organs of the association
§ 8 Choir director
§ 9 Choir
§ 10 General Assembly
§ 11 Convening of the General Assembly
§ 12 Resolutions of the General Assembly
§ 13 Subsequent motions to the agenda
§ 14 Extraordinary General Assembly
§ 15 Managing Board and Executive Board
§ 16 Tasks of the Managing Board and the Executive Board
§ 17 Election and term of office of the Managing Board
§ 18 Resolutions of the Managing Board
§ 19 Committees
§ 20 Accounting and cash audit
§ 21 Association regulations
§ 22 Honours
§ 23 Dissolution of the association and entitlement to accrual
§ 24 Data protection clause, processing of personal member data
§ 1 Name and seat of the association, financial year
The name of the association is "Gesangverein Sängerkranz 1876 Watzenborn-Steinberg e.V.". It was founded on 3 January 1876 and is registered in the Register of Associations at the Local Court of Gießen under No. VR 1283.
The association is based in 35415 Pohlheim Watzenborn-Steinberg. It is a member of the "Sängerbund Hüttenberg-Schiffenberg e.V.", the "Hessischer Sängerbund e.V." and the "Deutscher Chorverband e.V.".
The financial year of the association is the calendar year. Men and women are equally addressed by these statutes and are subject to them with rights and duties. For reasons of simplified readability of the text of the statutes, the masculine form is used throughout these statutes. If offices and titles are held by a woman and functions are exercised by women, titles, office and function designations shall apply in their feminine form.
§ 2 Purpose of the association
The association exclusively and directly pursues charitable purposes within the meaning of the section "Tax-privileged purposes" of the valid tax code. The purpose of the association is the promotion of art. The purpose of the statutes is realised in particular through the cultivation of folk and artistic, German and international singing, with a focus on male singing. The Association shall act selflessly; it shall not primarily pursue its own economic purposes. The Association's funds may only be used for purposes in accordance with the Statutes. Members shall 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. Persons working in an honorary capacity shall only be entitled to reimbursement of proven expenses.
§ 3 Means
The funds for achieving the purpose of the Association shall be raised through
- through membership fees,
- through voluntary contributions,
- subsidies from public funds.
The respective membership fees can be found in the Schedule of Fees and Contributions, which is not part of these Statutes.
§ 4 Type of membership
The following may belong to the Association
a) Active members
b) Supporting members
Active members are choir members who, after a voice examination by the choir director, are entitled to sing in the respective voice (1st tenor, 2nd tenor, 1st bass, 2nd bass, etc.).
Supporting members may be natural persons of good repute, legal entities under public and private law and partnerships who wish to demonstrate their commitment to the choir by joining.
Active members, supporting members and non-members may be appointed honorary members on the basis of their special services to the association.
§ 5 Acquisition of membership
Membership shall be applied for in writing to the Managing Board. The Managing Board shall decide on the written application by simple majority. The applicant shall be notified in writing of acceptance or rejection. Membership shall commence on the date of acceptance by the Managing Board. The application for admission shall contain at least the name, date of birth and full address of the applicant. Minors shall attach the consent of their legal representatives to their application.
§ 6 Termination of membership
Membership ends
a) with the death of the member;
b) by voluntary resignation;
c) by deletion from the list of members;
d) by expulsion from the Association.
Voluntary resignation shall be effected by written declaration to a member of the Managing Board. It is only permissible at the end of a calendar year with a notice period of three months.
A member may be deleted from the list of members by resolution of the Managing Board if he/she is in arrears with the payment of the membership fee despite two reminders. The deletion may only be decided after three months have elapsed since the second reminder was sent and the dues owed have not been paid. The member shall be notified of the cancellation.
A member may be expelled from the Association by resolution of the Managing Board if he/she has grossly violated the interests of the Association or if he/she loses the ability to hold office, the eligibility to vote or the right to vote within the scope of § 45 of the Criminal Code. Prior to the adoption of the resolution, the member shall be given the opportunity to justify himself/herself in person before the Managing Board or in writing within a reasonable period of time. A written statement by the person concerned shall be read out at the Managing Board meeting. The decision on the exclusion shall be accompanied by reasons and shall be communicated to the member by registered letter. The member has the right to appeal against the exclusion decision of the Managing Board to the General Assembly. Membership shall be suspended until the decision of the General Assembly. Upon resignation, all pecuniary claims of the member against the Association shall expire.
§ 7 Organs of the association
Organs of the association are
a) The General Assembly
b) The Managing Board
c) The Executive Board
§ 8 Choir director
The choir director(s) shall be elected by the active members. All rights and duties of the choir director shall be regulated in a special contract to be concluded.
§ 9 Choir
The active members participate in at least one of the following choirs:
- Male choir "Sängerkranz" (founded 1876)
- Male choir "vocale Sängerkranz" (founded 1984)
- Project choir "Sängerkranz" (as needed, for a limited period of time)
The active members have to attend the choir rehearsals punctually and regularly and have to follow the instructions of the choir director without fail.
In case of illness or inability to attend the choir rehearsal, the active member must excuse himself before the beginning of the choir rehearsal to the 1st chairperson or be excused by another singer.
Anyone who is absent without excuse for more than five choir rehearsals in succession may be struck off as an active member. He shall then continue as a supporting member.
Only active members who have regularly attended choir rehearsals are entitled to participate in public singing performances. Attendance of at least 60% of the choir rehearsals shall be considered regular; in cases of doubt, the choir director shall decide.
§ 10 General Assembly
The General Assembly shall be composed of the members of the Association and shall be the supreme decision-making body. Each member present and entitled to vote has one vote; legal entities and partnerships exercise their voting rights through their legal representatives. Natural persons are entitled to vote when they reach the age of 13. The General Assembly is exclusively responsible for the following matters:
1. acceptance of the annual report and the cash report of the Executive Board;
2. granting discharge of the Managing Board and the Executive Board;;
3. to determine the amount and the due date of the membership fees;
4. deliberation and passing of resolutions on motions submitted, taking into account § 13 of these Statutes;
5. election and dismissal of the members of the Managing Board;
6. election and dismissal of the auditors and the deputy auditors;
7. adoption of Association regulations;
8. adoption of resolutions on amendments to the Statutes and the Association regulations;
9. resolutions on the dissolution of the Association;
10. resolutions on the appeal against a decision of the Managin Board to exclude a member from the Association;
11. honours according to § 22 of these Statutes.
At the Annual General Meeting, the Association regulations shall report on the affairs of the Association and the treasury, and the auditors shall report on the findings of the treasury in the past financial year.
The General Meeting shall discharge the Managing Board and the Executive Board in respect of the cash transactions, provided no objections are raised.
In matters falling within the competence of the Managing Board, the General Assembly may decide to make recommendations to the Managing Board. The Managing Board may, in turn, seek the opinion of the General Assembly on matters within its area of responsibility.
§ 11 Convening of the General Assembly
After the end of the business year, the ordinary general meeting (annual general meeting) shall be held.
The General Assembly shall be convened by the Managing Board with fourteen days' notice and with notification of the proposed agenda; all members shall be invited in writing. The period shall commence on the day following the dispatch of the letter of invitation.
The letter of invitation shall be deemed to have been received by the member if it is addressed to the last address notified in writing by the member to the Executive Board.
§ 12 Resolutions of the General Assembly
The General Assembly shall be chaired by the 1st Chairperson, or if he/she is prevented, by the 2nd Chairperson or another member of the Managing Board. If no member of the Managing Board is present, the meeting shall appoint the chairperson.
In the case of elections, the chairmanship of the meeting may be delegated to an election committee for the duration of the ballot and the preceding discussion. The members of this election committee, provided they are members of the Association, shall be entitled to participate in the discussion, to propose motions for the election and to take part in the election.
The secretary shall be appointed by the chairman of the meeting.
The General Assembly shall not be open to the public. The chairman of the meeting may admit guests.
Any General Assembly duly convened shall constitute a quorum irrespective of the number of members present. Resolutions shall normally be passed openly by show of hands (acclamation). Upon request, a secret ballot shall be held.
The General Assembly shall generally pass resolutions by a simple majority of the valid votes cast; abstentions shall therefore be disregarded. A tie shall be considered as a rejection.
A majority of three quarters of the valid votes cast is required to amend the Statutes.
Minutes shall be taken of the resolutions of the general meeting and shall be signed by the chairman of the meeting and the keeper of the minutes. It must contain the following statements: Place and time 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 voting.
In the case of amendments to the statutes, the exact wording must be stated.
An attendance list must be kept at every general meeting.
§ 13 Subsequent motions to the agenda
Each member may apply in writing to the Managing Board no later than one week before the day of the General Assembly for additional matters to be added to the agenda. Reasons shall be given for the request. The chairman of the meeting shall add items to the agenda at the beginning of the general meeting.
A motion to add items to the agenda that is not made until the general meeting can only be considered if at least three quarters of the members present and entitled to vote agree.
Each member shall be entitled to have its motions recorded in the minutes.
Amendments to the Statutes or the dissolution of the Association may not be subsequently included in the agenda.
§ 14 Extraordinary General Assembly
The Managing Board may convene an extraordinary General Assembly at any time. An extraordinary general meeting must be convened within a four-week period if at least one fifth of all members request this in writing. The request must specify the items on the agenda to be discussed. For extraordinary general meetings, §§ 10, 11, 12 and 13 of these statutes apply accordingly.
§ 15 Managing Board and Executive Board
The management of the association is assumed by the Managing Board. The Managing Board is composed of:
a) the 1st Chairperson (President),
b) the 2nd Chairman,
c) the 1st Accounting Officer,
d) the 2nd Accounting Officer,
e) the 1st Secretary,
f) the 2nd Secretary,
g) up to nine advisors,
h) the choir spokesman of the "vocale Sängerkranz",
The Executive Board in the sense of § 26 BGB consists of:
a) the 1st Chairperson (President),
b) the 2nd Chairman,
c) the 1st Accounting Officer,
d) the 1st Secretary.
Two of the Executive Board members shall represent the Association jointly.
§ 16 Tasks of the Managing Board and the Executive Board
The Managing Board is responsible for all matters of the Association, unless they are assigned to another organ of the Association by the Statutes. Its main tasks are as follows:
1. preparing the General Assembly and setting the agenda,
2. to convene the General Assembly
3. to provide information to the General Assembly,
4. carrying out the resolutions of the General Assembly,
5. to ensure that the non-profit character of the association is not endangered,
6. to realise the purpose of the Association by carrying out the duties of the Board,
7. to hold meetings of the Managing Board,
8. informing each other of the activities of the Managing Board,
9. taking minutes of meetings of the Managing Board,
10. preparation of Association regulations,
11. electing and dismissing members of committees,
12. coordinating the preparation of events,
13. informing the members about the activities of the Association and the Managing Board,
14. passing resolutions on the admission, deletion and exclusion of members.
The Managing Board shall adopt rules of procedure which shall not form part of these Statutes.
The Executive Board shall be responsible for the following tasks:
1. representing the Association in accordance with § 15, paragraph (4) of these Statutes,
2. concluding and fulfilling contracts for the Association,
3. enforcing claims of the Association,
4. administration of the treasury and the assets, bookkeeping,
5. avoidance of excessive financial demands, safeguarding of the Association's assets,
6. control of the proper collection of membership fees,
7. fulfilment of tax obligations,
8. initiation of composition or insolvency proceedings in case of payment problems,
9. keeping a register of members (membership list),
10. drawing up an annual report and a cash report.
11. informing the registry court, e.g. in the case of amendments to the statutes.
Declarations of the Association shall be made in the name of the Managing Board by the 1st Chairperson.
§ 17 Election and term of office of the Managing Board
The members of the Managing Board shall be elected by the General Assembly for a period of two financial years, but shall remain in office until the effective election of a new Managing Board. The combination of several board offices in one person is not permitted. Only members of the Association who have reached the age of 18 may be elected.
A member of the Association who is not present may only be elected to the Managing Board if he/she has given his/her written consent.
The election shall be by written secret ballot using ballot papers. If there is no objection, open voting by show of hands (acclamation) is also permissible. 1st Chairperson, 2nd Chairperson, 1st Accounting Officer, 2nd Accounting Officer, 1st Secretary, 2nd Secretary and the choir spokesman of the "vocale Sängerkranz" shall be elected individually. The candidate who obtains the majority of the valid votes cast shall be elected. If no candidate has obtained the majority of the valid votes cast in the first ballot, a run-off election shall be held between the candidates who have obtained the two highest numbers of votes.
The following shall apply to the election of advisors: Each member of the Association entitled to vote shall have as many votes as there are advisors to be elected. The candidates who have received the most votes in the order of the votes cast for them shall be elected. If several candidates have received the same number of votes and the maximum number of nine advisors is thereby exceeded, a run-off election shall take place between these candidates.
If a member of the Managing Board resigns during the term of office, the Managing Board may elect a substitute member until the next ordinary General Meeting. At this General Assembly, a member of the Association may be elected by the voting members of the Association for the remaining term of office of the member who has resigned. If a member of the Executive Board resigns during the term of office, a member of the Association must be elected by the voting members of the Association at the next ordinary General Assembly for the remaining term of office of the resigning member.
§ 18 Resolutions of the Managing Board
The Managing Board shall pass its resolutions in Managing Board meetings, which shall be convened by the 1st Chairperson or, if he/she is prevented from doing so, by the 2nd Chairperson, in writing, orally or by telephone without observing a notice period.
The Managing Board has a quorum if more than half of its members are present. Resolutions shall be passed by a majority of the valid votes cast. In the event of a tie, the head of the Executive Committee meeting shall have the casting vote. The Board meeting shall be chaired by the 1st Chairperson or, if he/she is unable to do so, by the 2nd Chairperson. The resolutions of the Managin Board shall be recorded for evidentiary purposes and signed by the chairperson of the meeting. The minutes must contain the time and place of the Board meeting, the names of the participants, the resolutions passed and the result of the voting.
§ 19 Committees
The Managing Board may appoint committees to advise and assist it in the work of the Association. The committee members should be particularly qualified for this activity. Each committee shall include at least one member of the Managing Board. Non-members may be heard as external advisors (without voting rights) in the committees.
A committee is quorate if at least half of the committee members are present. Resolutions shall be passed by a majority of the valid votes cast. In the event of a tie, the head of the committee meeting shall have the casting vote. The head of a committee shall be a member of the Managing Board; if he or she is unable to attend, the head shall be appointed by the Chairperson of the Executive Board. The resolutions of the committee shall be recorded for evidentiary purposes, signed by the head of the meeting and submitted to the Managing Board.
Board resolutions shall take precedence over committee resolutions.
The Music Committee shall consist of the Choir Director(s) and up to four active members appointed by the Board.
§ 20 Accounting and cash audit
The 1st Accounting Officer is responsible for the proper handling of the cash transactions. He shall be assisted in this by the 2nd Accounting Officer.
The 1st Accounting Officer or 2nd Accounting Officer may make payments within the framework of the resolutions of the Association's bodies or existing contracts.
All income and expenditure shall be accounted for.
The auditors shall be elected by the General Assembly to audit the accounts. At least two auditors and two deputy auditors shall be elected. Only those persons may be elected as auditors or deputy auditors who
a) is a member of the Association
b) has reached the age of 18,
c) is not a member of the Managing Board,
d) has not been a member of the Managing Board in the previous business year, and
e) has not audited the accounts in the previous financial year.
The audit shall take place after the end of the financial year. The place and time of the audit shall be agreed with the 1st Accounting Officer or, if he/she is unable to attend, with the Executive Board. At least two auditors must be present at the audit. If one of the auditors is unable to attend, one of the deputy auditors shall be appointed.
§ 21 Association regulations
In order to supplement these Statutes or if the interests of the Association so require, the General Assembly may adopt Association refgulations which shall not form part of these Statutes.
The rules of procedure of the Managing Board shall be adopted by the Managing Board itself.
Provisions of the Statutes shall take precedence over the provisions of the Association regulations.
§ 22 Honours
The various honours of the Association for deserving members and non-members shall be listed in summary form in an Honours regulation (Honours catalogue). The Honours regulations shall be adopted by the General Assembly and shall not form part of these Statutes.
§ 23 Dissolution of the association and entitlement to accrual
The association shall be dissolved if at least four fifths of the members are represented at a general meeting convened for this purpose and the dissolution is decided by at least three quarters of the valid votes cast. If these conditions are not met, a new general meeting may be convened after the expiry of one month, at which the resolution to dissolve the association shall be adopted by a majority of at least three quarters of the valid votes cast, irrespective of the number of members present. Special reference must be made to this provision in the second summons. In the event of the dissolution of the Association or in the event of the discontinuation of tax-privileged purposes, the assets of the Association shall be transferred to the "Förderverein der Diakoniestation für Pohlheim e.V." (Local Court Gießen VR 1301). The latter shall use them directly and exclusively for charitable, benevolent or ecclesiastical purposes.
§ 24 Data protection clause, processing of personal member data
The association may store, change, process and delete the personal data of members for its own purposes in accordance with the provisions of the Federal Data Protection Act.
By joining the association, the member grants the association the corresponding permission under data protection law. The transmission of stored data within the Association and to the corresponding associations with which the Association cooperates for the fulfilment of its tasks is only permitted to those persons who are entrusted with offices in accordance with these Statutes and who have to perform corresponding tasks.
The 1st Accounting Officer, or in his absence the 2nd Accounting Officer, may transmit the necessary data to a banking institution to enable the Association's payment transactions.
Data of the member groups looked after may be transmitted to persons working in an honorary capacity in the association, in particular the heads of committees, within the framework of the fulfilment of the tasks according to the statutes.
In connection with the assertion of a minority petition in accordance with §37 BGB in conjunction with §14 paragraph (2) of these statutes, the member asserting the minority petition must be provided with a certified copy of the list of members he or she is requesting against reimbursement of the costs of preparing the certified copy within three weeks of receipt of the member's request at the latest. With his request for information, the member shall provide the association with a written data protection assurance to the effect that the requested list of members will be used exclusively in connection with the assertion of the minority request. Exceptions require a resolution of the general meeting, which must take into account the provisions of the Federal Data Protection Act.