§ 1 Name and domicile
- The association bears the name "Bäderverein Kevelaer e.V.".
- It shall be entered in the register of associations at the Geldern Local Court and shall bear the suffix "e.V.".
- The domicile of the association is Kevelaer.
§ 2 Purpose of the association
- The Association exclusively and directly pursues charitable purposes within the meaning of the section "Tax-privileged purposes" of the Tax Ordinance. The association is selflessly active. It does not primarily pursue its own economic purposes.
- The purpose of the association is to support the city of Kevelaer in maintaining and operating the facilities of the outdoor pool and the indoor pool, to promote swimming events of a sporting or health-promoting nature, and to promote public health care.
- Funds of the association may only be used for purposes in accordance with the statutes. The members do not receive any benefits from the association's funds. No person may be favored by expenditures, which are foreign to the purpose of the association, or by disproportionately high remunerations.
§ 3 Membership
- Individuals as well as legal entities under private and public law, commercial companies and associations without legal capacity may become members of the association. By their declaration of entry, they recognize these statutes, as well as the applicable regulations of the Bäderverein Kevelaer e.V. and assume all rights and obligations arising therefrom.
- The board of directors decides on the admission of members with a simple majority. In case of rejection, the application can be resubmitted in a general meeting.
- Membership ends by death, resignation or expulsion.
- Resignation can be made at any time and must be declared in writing to the board. In the event of resignation, there is no entitlement to reimbursement of membership fees or donations.
- The exclusion can be pronounced by the board because of damage to the interests or the reputation of the association, whereby the form for this is regulated as a registered letter. The person concerned can lodge an appeal against his exclusion. The General Meeting shall make a final decision on the appeal by a simple majority. The decision of the general meeting must also be communicated to the person concerned by registered letter.
§ 4 Contributions
The Association shall levy membership fees and may set apportionments and admission fees. Membership fees and, if applicable, apportionments / admission fees are determined by the general meeting. Everything else is regulated by a contribution regulation. These are not part of the statutes.
§ 5 Fiscal year
The fiscal year of the Association is the calendar year.
§ 6 Organs of the association
Organs of the association are:
a) the general meeting of members
b) the Executive Board
§ 7 The General Meeting of Members
- The general meeting is to be held at least once a year by the chairperson or, if he/she is unable to do so, by the vice-chairperson.
- The invitation shall be made in writing or by publication at least 4 weeks before the meeting, stating the agenda.
- The board of directors may convene an extraordinary general meeting. The board of directors must convene an extraordinary general meeting within eight weeks if at least ¼ of the voting members request this. The invitation formalities of the ordinary general meeting apply to the extraordinary general meeting.
- Each member over the age of 16 is entitled to one vote. Legal entities shall send one representative with one vote. The right to vote is not transferable. Each general meeting has a quorum, regardless of the number of members present.
- Decisions are made with a simple majority of the members present. Decisions on amendments to the statutes must be made with a 2/3 majority, and decisions on the dissolution of the association with a ¾ majority. Abstentions and invalid votes count as not cast and are not counted.
- Minutes shall be taken of the resolutions of the General Meeting and shall be signed by the chairman of the meeting and a secretary appointed by him/her. The minutes must be approved by the next general meeting.
Duties of the general meeting of members include:
- Acceptance of the annual reports of the Executive Board
- Acceptance of the auditors' report
- Discharge of the Executive Board
- Election of the Board of Directors and the Auditors
- Amendment of the association's statutes
- Determination of the membership fees
- Dissolution of the association
- all matters, the decision of which the general meeting has expressly reserved for itself The general meeting is not open to the public, unless the meeting decides otherwise.
The Executive Board
The Executive Board consists of:
- The Chairman / Chairmen
- Up to two Vice Chairmen
- The Treasurer
- The Vice Treasurer
- The Secretary
- The Vice Secretary
- The Engineering Team Leader
- The Vice Engineering Team Leader
- The Press Spokesperson
- The Assessor Swimming
- The Assessor Sports for the Disabled
- The Assessor for Scuba Diving
- The Assessor Health Promotion
- Assessor Swimming for Children and Youth
- The executive board according to § 26 BGB (German Civil Code) consists of the chairman and the two Vice Chairmen.
§ 9 Audit of cash register
The proper bookkeeping and cash management of the association is regularly audited by two cash auditors elected by the general meeting. They shall submit an audit report to the General Meeting.
§ 10 Dissolution of the Association
The dissolution or abolition of the association can only be decided at a general meeting called specifically for this purpose. In the event of dissolution or annulment or if the tax-privileged purposes cease to exist, the assets shall be transferred to the City of Kevelaer with the stipulation that these assets shall be used directly and exclusively for tax-privileged purposes for the promotion of sports.
§ 11 Effective date
This statute comes into force on 27.02..2008.
Kevelaer, February 27, 2008