Association statutes

On Tuesday, June 11, 2013, the new association statutes were adopted at the general meeting and are therefore valid with immediate effect.


Articles of Association of the Sports Club Krechting 1959 eV

in the version of 11 June 2013

A. General

§ 1 Name, registered office, registration and financial year

§ 2 Purpose of the association

§ 3 Non-profit status

§ 4 Association memberships

B. Club membership

§ 5 Acquisition of membership

§ 6 Types of membership

§ 7 Termination of membership

§ 8 Exclusion from the club

C. Rights and obligations of members

§ 9 Contributions, fees, collection of contributions

§ 10 Membership rights of underage club members

§ 11 Regulatory power of the association

D. The organs of the association

§ 12 The Association’s Bodies

§ 13 Remuneration of the activities of the members of the governing bodies, reimbursement of expenses, paid work

§ 14 The ordinary general meeting

§ 15 Competence of the General Meeting

§ 16 The extraordinary general meeting

§ 17 The Board

§ 18 The Executive Board

§ 19 Departments

E. Club youth

§ 20 Club youth

F. Other provisions

§ 21 Auditors

§ 22 Club regulations

§ 23 Liability of the association

§ 24 Data protection in the association

G. Final provisions

§ 25 Dissolution

§ 26 Validity of this statute


§ 1 Name, registered office, registration and financial year

  1. The club, founded on January 4, 1959, is called “SV Krechting 1959 eV”.
  2. It has its registered office in Rhede-Krechting and is registered in the register of associations at the Coesfeld District Court under number VR 2218.
  3. The financial year is the calendar year.

§ 2 Purpose of the association

  1. The purpose of the association is to promote sports, youth and elderly care and public health.
  2. The purpose of the statutes is achieved in particular by:
  3. appropriate organisation of orderly sports, games, training and courses for all areas, including leisure and popular sports;
  4. the implementation of a performance-oriented training operation;
  5. participation in sport-specific and cross-sport and club events;
  6. participation in tournaments and demonstrations, sporting competitions,
  7. the organisation of general youth events and activities;
  8. Training/further education and deployment of appropriately trained instructors, trainers and assistants;
  9. participation in cooperations, sports and gaming communities:
  10. Measures and events to maintain and promote physical, mental and spiritual well-being

§ 3 Non-profit status

  1. The association pursues exclusively and directly non-profit purposes within the meaning of the section “Tax-privileged purposes” of the German Tax Code.
  2. It operates selflessly and does not primarily pursue commercial purposes. All of the association's funds may only be used for statutory purposes.
  3. The association is politically and religiously neutral.
  4. The members do not receive any donations from the association's funds. No person may be favored through expenditure that is unrelated to the association's purpose or through disproportionately high remuneration.
  5. Retiring members have no claims against the association for payment of the value of a share in the association's assets.

§ 4 Association memberships

  1. The association is a member
  2. in the Borken District Sports Association, the Rhede City Sports Association and
  3. in the professional associations responsible for the sports practiced.
  4. The club recognises the statutes, regulations and competition rules of the associations according to paragraph 1 as binding.
  5. In order to enable the association to carry out its tasks, the board of directors can decide on the entry and exit of members from professional associations.

§ 5 Acquisition of membership

  1. Natural persons can become members of the association.
  2. Membership is acquired by acceptance. A written application for membership must be sent to the club. Admission to the club is dependent on the member agreeing to participate in the direct debit procedure for the duration of their membership.
  3. The application for admission of a person with limited legal capacity or someone who is legally incapable must be submitted by the legal representative(s). By applying for admission, the legal representatives undertake to pay the contribution debts.
  4. The board decides on admission by resolution. Membership begins with the resolution. By admission, the member accepts the association's statutes and regulations in their currently valid version.
  5. There is no entitlement to admission. Rejection will be made in writing and no reasons need to be given.

§ 6 Types of membership

  1. The association consists of:
  2. active members
  3. passive members
  4. Honorary members
  5. Active members are members who can use all the club's offers within the framework of the existing regulations and/or participate in the game operations.
  6. For passive members, the focus is on supporting the club or certain club departments through monetary or material contributions. They do not use the club's sporting activities.
  7. Honorary members and honorary chairmen are exempt from paying membership fees. They have one vote. They are elected by a simple majority vote of the general meeting.

§ 7 Termination of membership

  1. Membership ends:
  2. by leaving the association (termination);
  3. by exclusion from the association (§ 8);
  4. by death;
  5. by dissolution of the association;
  6. Resignation from the association (termination) is done by written declaration to the board. Resignation can be declared at the end of a quarter (31.03.; 30.06.; 30.09.; 31.12.) with a notice period of 4 weeks.
  7. If membership is terminated, regardless of the reason, all claims arising from the membership relationship expire. Any outstanding obligations arising from the membership relationship, in particular outstanding membership fee obligations, remain unaffected. Items belonging to the association must be returned to the association or compensated for in their value.

§ 8 Exclusion from the club

  1. Exclusion may occur if a member
  2. does not meet his payment obligations despite written reminders;
  3. culpably commits serious violations of the statutes and regulations;
  4. grossly contravenes the interests of the association and its objectives.
  5. The board decides on exclusion upon application. Any member is entitled to submit an application.
  6. The application for exclusion must be sent to the member concerned, together with the reasons for the exclusion. The member concerned will be asked to comment on the application for exclusion within a period of three weeks. After the expiry of this period, the board must decide on the application, taking into account any comments received from the member concerned.
  7. The board decides by a simple majority.
  8. The exclusion decision takes effect upon notification to the member concerned.
  9. The decision must be communicated to the member in writing, stating the reasons, by registered letter.
  10. The member concerned has the right to appeal against the exclusion decision to the general meeting. This appeal must be submitted in writing to the board within two weeks of receipt of the exclusion decision. The appeal must be justified. The appeal has no suspensive effect.
  11. The next ordinary general meeting will decide on the complaint.
  12. The path to the ordinary courts remains unaffected.

§ 9 Contributions, fees, collection of contributions

  1. A membership fee and an admission fee must be paid. Department-specific contributions, levies and fees for special services provided by the association may be charged.
  2. The amount of membership fees, the admission fee and the fees for special services provided by the club, as well as the due date of membership fees, are determined by the general meeting by resolution. The board decides on the collection and amount of department-specific contributions and levies by resolution. Levies can be set by the board up to the amount of the annual membership fee. Decisions on setting contributions and levies must be announced to members by posting them in the clubhouse and on the club's website.
  3. The member is obliged to inform the association of any changes to bank details and address.
  4. The membership fee will be collected from members by direct debit on the due date.
  5. If the direct debit procedure cannot be carried out for reasons for which the member is responsible, the member must bear any resulting bank charges.
  6. If the membership fee has not been received by the association by the due date, the member will be in default of payment without further notice. The outstanding fee will then be subject to interest at a rate of 5 percentage points above the base interest rate pursuant to Section 247 of the German Civil Code (BGB) until it is received, in accordance with Section 288 Paragraph 1 of the German Civil Code (BGB).
  7. If necessary, the association will take legal action to recover outstanding membership fees. The member must bear the resulting costs.
  8. In justified individual cases, the Board of Directors may waive or defer contributions or obligations in whole or in part or exempt members from participating in the direct debit procedure.
  9. Honorary members and honorary chairmen are exempt from membership fees.

§ 10 Membership rights of underage club members

  1. Children under the age of 7 and other persons who are deemed to be legally incapable within the meaning of the provisions of the German Civil Code (BGB) cannot personally exercise their membership rights.
  2. Children and young people between the ages of 7 and 18 exercise their membership rights in the association personally. Their legal representatives, however, are excluded from exercising these rights.
  3. However, members under the age of 16 are excluded from voting rights at the general meeting.

§ 11 Regulatory power of the association

  1. Every member is obliged to observe and comply with the provisions of these statutes and the club regulations and, in particular, to follow the instructions and decisions of the club bodies, employees and trainers.
  2. Any behavior of a member that may lead to exclusion from the association according to § 8 of these statutes may also result in the following club penalties:
  3. Fine up to 500.00 euros
  4. Temporary exclusion from training and practice.
  5. The procedure is initiated by the Board of Directors.
  6. The member concerned will be asked to comment on the procedure within a period of three weeks.
  7. The board can set the club penalty. Section 8, paragraphs 7 – 9, apply.

§ 12 The Association’s Bodies

The organs of the association are:

  1. the general meeting;
  2. the executive board;
  3. the Executive Board
  4. the youth assembly.

§ 13 Remuneration of members of the executive bodies, reimbursement of expenses, paid work

  1. The association and organ offices are generally carried out on a voluntary basis, unless these statutes stipulate otherwise.
  2. If necessary and taking into account the economic circumstances and the budget situation, the general meeting can decide that club and organ offices are to be carried out on a paid basis on the basis of a service contract or against payment of a flat-rate expense allowance. The executive board is responsible for deciding on the start, content and end of the contract. If necessary and taking into account the economic circumstances and the budget situation, the executive board can award contracts for activities for the club to third parties in return for appropriate remuneration or fees.
  3. In order to carry out the management tasks and to run the office, the executive board is authorized to hire a manager and/or administrative staff within the framework of the economic circumstances and the budget situation. The executive board is also authorized to conclude contracts with trainers in order to fulfill the statutory purposes. The first chairman and the managing director have the right to give directions under labor law.
  4. Furthermore, the members and employees of the association are entitled to reimbursement of expenses in accordance with Section 670 of the German Civil Code (BGB) for expenses incurred through their work for the association. The members and employees must observe the principle of thrift. The Executive Board can set a flat-rate expense allowance by resolution within the scope of the possibilities provided for by tax law.
  5. The claim for reimbursement of expenses can only be asserted within a period of 6 months after it has arisen. Reimbursements will only be granted if the expenses are proven with verifiable receipts and statements.
  6. Details may be regulated by the financial regulations.

§ 14 The ordinary general meeting

  1. The highest body of the association is the general meeting.
  2. An ordinary general meeting takes place once a year.
  3. Invitations to ordinary and extraordinary general meetings must be sent at least 14 days before the meeting by posting them on the notice board at the clubhouse and on the club's website, along with the provisional agenda. The board of directors sets the agenda by resolution.
  4. Any properly convened general meeting shall have a quorum regardless of the number of members present.
  5. The general meeting is chaired by the chairman or, if he is unable to attend, by another member of the board. If no board member is present, the meeting will choose the chairperson. The chairperson of the meeting will choose the person taking the minutes.
  6. All votes and elections are held openly by a show of hands. If a request for a secret ballot is made, the general meeting will decide. A secret ballot must be held if at least 1/5 of those present who are entitled to vote request this.
  7. Decisions of the general meeting are made by a simple majority of the valid votes cast. In the event of a tie, a motion is deemed rejected. Abstentions are counted as invalid votes. A majority of three quarters of the valid votes cast is required to amend the statutes and to change the purpose of the association.
  8. The resolutions of the general meeting must be recorded in minutes, which must be signed by the chairman of the meeting and the secretary.
  9. Every member who has reached the age of 16 has the right to vote at the general meeting. Every member who has reached the age of 18 is eligible to be elected. Every member who is entitled to vote has one vote. The right to vote is not transferable.
  10. Any member entitled to vote may request in writing from the Board of Directors that further matters be added to the agenda at the latest one week before the date of the General Meeting. The chairman of the meeting must add the necessary items to the agenda at the beginning of the General Meeting.

§ 15 Competence of the General Meeting

  1. The general meeting is responsible, among other things, for the following club matters:
  2. Receiving reports from the Board of Directors;
  3. Receipt of auditors’ reports;
  4. Discharge of the Board of Directors;
  5. Election and removal of members of the Board of Directors
  6. Election of auditors;
  7. Confirmation of department heads
  8. Election of honorary chairmen and honorary members
  9. Decision on the amount of membership fees, admission fees and fees for special services
  10. Amendment of the statutes and resolution on dissolution or merger of the association
  11. Decision-making on complaints regarding club exclusions or club penalties
  12. Decisions on submitted applications

§ 16 The extraordinary general meeting

The board can call an extraordinary general meeting at any time. This must be called if the interests of the association require it or if 20% of all members request the meeting in writing from the board, stating the purpose and reasons. Section 14 applies accordingly to the extraordinary general meeting.

§ 17 The Executive Board

  1. The executive board according to § 26 BGB (board of directors) consists of:
  2. the 1st chairman;
  3. the 2nd chairman;
  4. the managing director;
  5. the secretary;
  6. the cashier.
  7. The association is represented in and out of court by two members of the executive board, including the 1st chairman, the 2nd chairman or the managing director. The members of the board are appointed by election at the general meeting. The term of office is two years. Re-election is permitted. Election takes place individually..
  8. The task of the executive board is to manage and run the association. It is responsible for all tasks that are not assigned to another association body by the statutes or regulations. The executive board is authorized, if necessary, to appoint special representatives for specific tasks, for individual projects or for a limited period of time in accordance with Section 30 of the German Civil Code (BGB) and to delegate the associated representation and management to them.
  9. The Executive Board may form committees.
  10. The Executive Board may adopt rules of procedure by resolution.
  11. The executive board remains in office even after the expiration of its term of office until a new board is elected. Absentees can be elected if they have previously declared their willingness to take office in writing. If a member of the executive board resigns prematurely, the executive board can appoint a successor for the remainder of the term of office of the person resigning.
  12. The members of the executive board each have one vote in the executive board meeting. In the event of a tie, the first chairman's vote decides. Meetings are called by the first chairman. The executive board has a quorum if at least three board members are present.
  13. Decisions of the Executive Board must be recorded in the minutes.

§ 18 The Executive Board

  1. The Executive Board consists of:
  2. the members of the executive board,
  3. the department heads,
  4. the youth officer,
  5. the honorary chairman
  6. the press officer/webmaster
  7. the clubhouse manager
  8. The tasks of the Executive Board include in particular:
  9. The preparation of the draft budget and any supplements.
  10. The submission of annual reports to the general meeting.
  11. The members of the full board each have one vote in the meeting of the full board. In the event of a tie, the vote of the first chairman decides. Meetings are called by the first chairman. The board has a quorum if at least half of the full board members are present.
  12. The entire board meets at least every 2 months. The meetings are called by the chairman.

§ 19 Departments

  1. The Board of Directors may decide to establish departments.
  2. Each department elects a department head for a period of two years. The board confirms the department heads by resolution. Confirmation can be rejected, stating reasons. The members of the department must then elect a new department head. If the rejected department head is re-elected, the general meeting confirms the department head. If the general meeting rejects the elected department head, the department must elect a new department head. The department heads are members of the general board.
  3. The departments can establish their own departmental regulations. The departmental regulations require the approval of the board.

§ 20 Club youth

  1. The youth of the club is the community of all members up to the age of 18 and is responsible for all youth matters of the club.
  2. The youth of the association manages and administers itself independently and decides on the funds allocated to it through the association's budget.
  3. Organs of the club youth are:
  4. the youth officer (the youth officer is a member of the general board).and
  5. the youth assembly
  6. The youth regulations, which are decided by the club's youth assembly, regulate the details. The youth regulations may not contradict the provisions of these statutes. In case of doubt, the provisions of these statutes apply.

§ 21 Auditors

  1. The general meeting elects two auditors and one substitute auditor who may not be members of the executive board or the general board.
  2. The term of office of the auditors and the substitute auditor corresponds to that of the entire board. Re-election for a further term of office is permitted.
  3. The auditors examine the entire club's cash register once a year, including all accounts, accounting documents and receipts, and submit a report thereon to the general meeting.

§ 22 Club regulations

The Board of Directors is authorized to issue the following regulations by resolution:

  1. Contribution regulations
  2. Financial regulations
  3. Rules of Procedure
  4. Code of Honour

The regulations are not part of the statutes.

§ 23 Liability of the association

  1. Volunteers and members of the board or officials whose remuneration does not exceed €720 per year are only liable for damages to members and to the association that they cause in the performance of their voluntary work in the event of intent or gross negligence.
  2. The club is not liable to its members internally for negligently caused damage suffered by members while practicing sports, using club facilities or equipment or at club events, unless such damage is covered by the club's insurance.

§ 24 Data protection in the association

  1. In order to fulfil the purposes of the association, personal data about the personal and factual circumstances of the members of the association are stored, transmitted and changed in compliance with the legal requirements of the Federal Data Protection Act (BDSG).
  2. Every club member has the right to:
  3. Information about the data stored about him/her;
  4. Correction of the data stored about him/her if they are inaccurate;
  5. Blocking of the data stored about him/her if the alleged errors cannot be determined to be correct or incorrect;
  6. Deletion of the data stored about him/her if the storage was not permitted.
  7. The bodies of the association, all employees or anyone else working for the association are prohibited from processing, disclosing, making available to third parties or otherwise using personal data without authorization for purposes other than those related to the respective task. This obligation also applies after the above-mentioned persons leave the association.

§ 25 Dissolution

  1. The dissolution of the association can only be decided at a general meeting convened for this purpose. A majority of three quarters of the valid votes cast is required to dissolve the association.
  2. Unless the general meeting decides otherwise, in the event of dissolution the 1st and 2nd chairmen are appointed as the liquidators of the association.
  3. If the association is dissolved or abolished or if tax-privileged purposes no longer apply, the association's assets remaining after the liquidation will pass to the city of Rhede, which must use them exclusively and directly for charitable purposes.
  4. In the event of a merger with another non-profit association, the assets after the association is dissolved will pass to the newly formed merger association or the receiving association, which must use them exclusively and directly for non-profit purposes.

§ 26 Validity of this statute

  1. These statutes were adopted by the general meeting on _11.06.2013_.
  2. These statutes come into force upon registration in the register of associations.
  3. All previous statutes will therefore become invalid at this time.

46414 Rhede, 11.06.2013

place, date

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