Statutes of the Turn- und Sportverein Westerland/Sylt e. V.
§ 1 Name, registered office, financial year
- The club bears the name “Turn- und Sportverein Westerland/Sylt e. V.” It was founded on November 27, 1883. It bears the abbreviation “TSV Westerland/Sylt”. The club’s colours are blue and white. It is registered in the register of associations at the district court of Flensburg under the number 156. Flensburg is the place of jurisdiction for all legal matters concerning the association and all legal transactions carried out with it.
- The association is based in the municipality of Sylt. His e-mail is firstname.lastname@example.org. The Internet address is www.tsv-westerland.de.
- The association is politically, ethnically and denominationally neutral.
- As part of its membership in the professional associations of the Schleswig-Holstein State Sports Association, whose sports are practiced in the club, the association recognizes their statutes and regulations.
- The financial year of the association is the calendar year.
§ 2 Purpose, tasks and principles of the association
- The basis of the association’s work is the commitment of all members of the association to the free democratic basic order. The association rejects aspirations and commitments of a party-political, denominational and economic nature, as well as all forms of military training. The association resolutely opposes all extremist tendencies. The association only offers membership to those persons who are committed to these principles. Members of extremist organizations of any political orientation, as well as members of racist and xenophobic organizations or religious groups cannot become members of the association. The association pursues exclusively and directly charitable purposes within the meaning of the section “Tax-privileged purposes” of the Tax Code. It does not primarily pursue its own economic purposes and does not seek to make a profit. The association collects contributions from its members. As a matter of principle, its organs work on a voluntary basis. Supplementary regulations are defined in § 3.
- The purpose of the association is to promote sport, youth welfare, health care and culture
- The TSV fulfils its purpose by fulfilling the following tasks in particular:
a) Promotion and care of young people
b) Organization of orderly gymnastics, sports and game exercises
c) Organization of lectures, courses and sporting events
d) Training and deployment of properly trained and experienced trainers, trainers and sports teachers
e) Cooperation with politics and society and their institutions
f) Public Relations
- The club can form a separate youth department, in which cultural events can be held beyond the scope of gymnastics and sports care.
- The association is selflessly active; it does not primarily pursue its own economic purposes.
- For the purpose of expanding and improving sporting services for its members, the association may strive for participations, memberships and syndicates with/with organizations and clubs that are of a non-profit nature. The association recognizes their statutes(s).
- Members of the board of directors who also work as trainers/sports instructors or trainers in the club can be paid a permissible trainer’s fee in compliance with the statutory provisions for marginally employed persons.
- a) One of its tasks and goals is to make every effort to realize a new House of Youth as a meeting place for club-related and independent youth work and to operate it with other youth organizations and the municipality of Sylt.
b) TSV Westerland/Sylt e.V. is willing to negotiate to join and found contemporary, new associations of sports clubs.
§ 3 Use of financial resources
- Funds of the association may only be used for the purposes set out in the statutes. The members do not receive any benefits from the funds of the association.
- The TSV fulfils the tasks incumbent upon it using its own funds as well as the external funds allocated to it by the district sports association, the municipality of Sylt, sponsors and other organisations for fiduciary administration.
- No person may be favoured by expenses that are alien to the purpose of the TSV or by disproportionately high remuneration.
- At the suggestion of the Executive Board, the General Assembly may decide, taking into account the economic circumstances and the budgetary situation, that organs of the Association shall be exercised for a fee against payment of a lump-sum expense allowance.
- In addition, the members of the board and employees of the association have a claim for reimbursement of expenses according to § 670 BGB for such expenses that they have incurred as a result of their work for the association. Reimbursements are generally granted if the expenses are proven with verifiable documents and statements. Members and employees must observe the principle of thrift. The Executive Board may, by resolution, set lump sums for expenses within the scope of the tax law possibilities.
- If necessary and taking into account the economic circumstances and the budgetary situation, the board of directors may award contracts for activities for the association to third parties in return for an appropriate remuneration or remuneration.
- In order to carry out the management tasks and to manage the office, the board is entitled to employ full-time employees for the administration as well as full-time sports teachers within the scope of budgetary possibilities. The executive board has the authority to direct under labour law in accordance with § 26 BGB.
§ 4 Members
- The TSV distinguishes:
– full members
– Associate members
– Honorary Members and Honorary Chairpersons
Any natural person can become a full member of the association. The board of directors decides on the written application for membership, which can delegate the decision to the management. An associate member can be a non-profit organization, a facility for elderly care, and a health care facility. The General Assembly decides on admission. A natural person can become an honorary member or honorary chairman if he or she has rendered outstanding services to the promotion of sport at TSV Westerland. The appointment as an honorary member or honorary chairman is made by the general meeting according to the proposal of the board. The appointment as honorary members/honorary chairmen is for life, it requires a majority of 2/3 of the members present. The association has guidelines for an order of honor, which can only be changed by a general meeting with a majority of 2/3 of the members present.
§ 5 Rights and Duties of Members
- Each member has the right to practice all sports practiced in the club. The prerequisite is a proper membership of the association. The rights of a member are not transferable.
- Each member has the duty to:
a) to actively support the Association in the fulfilment of its tasks under these Statutes
b) to comply with the provisions of these Statutes
c) to comply with the resolutions of the organs of the association
(d) to conscientiously perform an office assumed;
e) The members of the association are obliged to pay membership fees on time. The TSV must be granted a SEPA direct debit mandate for the purpose of collecting contributions. The amount of the annual fees and their due date are determined by the General Assembly.
§ 6 Measures
- The following measures may be imposed on members who violate the statutes or the regulations of the board or who behave in a way that is detrimental to the association by the board after prior hearing:
c) Closures / ban on places / halls
In particular, a member may be expelled from the association if he or she shows dishonorable behavior inside or outside the association. Such behaviour shall be deemed to exist in particular if a member participates in extremist or other discriminatory events, or shows such an attitude, e.g. by wearing or displaying left-wing / right-wing extremist signs and symbols, among other things, or is a member of one of the organisations named or comparable in accordance with §2 of these statutes.
- The decision on the measures referred to in (b) ), (c) and (d) shall be notified by registered mail, stating the reasons for the appeal and giving instructions on how to appeal.
- In the event of violations by members of the Executive Board, the General Assembly shall act at the request of at least 5% of the voting members.
§ 7 Termination of Membership
(a) upon the death of the member;
(b) by voluntary resignation;
c) by expulsion from the association
Voluntary resignation is made by written declaration to the Executive Board. It is only permitted at the end of a calendar quarter subject to a notice period of four weeks. The declaration of resignation of minors up to the age of 14 requires the signature of the legal representatives. A member may be expelled from the club for significant violations of statutory obligations, for a serious violation of the interests of the association or for gross unsportsmanlike conduct. The board decides on the exclusion. Before making a decision, he must give the member the opportunity to express himself orally or in writing, the member must be requested to do so in writing with a minimum notice period of 10 days. The decision on exclusion must be justified in writing or sent to the member by registered letter. The decision may be appealed to the General Assembly; it must be made in writing and within three weeks of the decision being sent. The General Assembly makes the final decision. A member may also be excluded if he or she is in arrears with the payment of contributions or levies in the amount of more than six monthly contributions despite two written reminders from the Executive Board. The exclusion can only be decided by the board if three months have elapsed since the second reminder letter, which must contain the reference to the exclusion. The obligation to pay the contributions, levies and other services to be provided that have become due shall continue to exist in the event of resignation and exclusion.
§ 8 Organs of the Association
The organs of the association are:
a) the General Assembly
(b) the V was acquired
§ 9 Board of Directors
- The executive board within the meaning of § 26 BGB consists of:
– the chairperson
– the Vice-Chairperson
– the treasurer
The association is jointly represented in and out of court by two of the three executive board members mentioned. They have the right to delegate powers within the framework of the budget.
- The extended board consists of:
– the members of the executive board within the meaning of § 26 BGB (German Civil Code)
– the press and public relations officer
– the legal advisor
– the youth warden
– the insurance consultant
– the senior citizens’ representative,
– the Honorary Chairperson
– the honorary member
Full-time physical education teachers have an advisory role in the extended mind. The extended board remains in office until the new election in accordance with the statutes. Only members of the association who have reached the age of 18 are eligible. Re-election of an extended member of the Board of Directors is permissible. If a member of the extended board resigns during the term of office, the extended board shall elect a substitute member from the ranks of the members of the association, who will take over his duties on a provisional basis for the remaining term of office of the retiring member. In turn, the following are elected by the General Assembly:
In even-numbered years
– the Vice-Chairperson
– the press and public relations officer
– the legal advisor
– the consultant for the insurance industry
In odd-numbered years
– the chairperson
– the treasurer
– the youth warden
– the senior citizens’ representative
§ 10 The General Assembly
- The Annual General Meeting takes place once a year until 31 May.
- An extraordinary general meeting takes place if the interest of the association requires it and the executive board convenes it or if 1/4 of the members request it in writing to the executive board, stating the reasons.
§ 11 Responsibility of the Ordinary General Assembly
- The Ordinary General Assembly is responsible in particular for:
– Receipt of the reports of the Executive Board
– Receipt of the report of the auditors
– Discharge and election of the executive and extended board of directors
– Election of auditors
– Determination of contributions, levies and their due dates
– Decision on the exclusion of members in appeal cases
– Appointment of honorary members and the honorary chairperson(s)
– Decision-making on applications
– Dissolution of the association
– Participations, memberships and syndicates with/with other organizations and clubs or when leaving them
– Approval of the minutes of the meetings of the respective previous General Assembly.
After its completion, the minutes are available for inspection at any time in the office and can be viewed on the association’s website.
§ 12 Convocation of General Meetings
General meetings are convened by publishing the agenda in the daily newspaper. There must be a period of at least 14 days between the date of publication of the newspaper and the date of the meeting. Requests for amendments to the Articles of Association must be communicated verbatim, stating the provision to be amended, or published on the Internet with the same deadline.
§ 13 Extraordinary General Assembly
The Board of Directors may convene an extraordinary general meeting at any time. This must be convened if the interest of the association requires it or if the convocation of a quarter of all members is requested in writing by the board, stating the purpose and reasons. The provisions of §§ 10, 11, 12 and 14 of the statutes of this association shall apply accordingly to the extraordinary general meeting.
§ 14 Procedure and resolution of general meetings
- The General Assembly is chaired by the Chairman of the Board or, if he is unable to attend, by his deputy. If none of these board members is present, the meeting shall appoint the leader by a simple majority of the members present.
- The General Assembly has a quorum regardless of the number of members present. Decisions shall be taken by a simple majority of the members present; in the event of a tie, the vote of the chairman of the meeting shall be decisive. Abstentions shall be deemed not to have been cast. In the case of elections, 1/3 of the members present must agree when requesting a secret ballot. Amendments to the statutes can only be passed with a majority of 2/3 of the members present. A majority of 2/3 of the members of the association present is required for the dissolution of the association.
- Motions for amendments to the statutes can only be voted on if they have been received in writing by the executive board of the association four weeks before the general meeting. In the invitation to the general meeting, they must be communicated in writing with a notice period of 14 days before the general meeting or can be viewed in the office of the association and published on the Internet.
- Participations, memberships and syndicates within the meaning of § 2 (6) of these statutes can be decided by a simple majority.
§ 15 Duties of the Executive Board
- Management of the Association
- Implementation of the resolutions of the General Assembly
- Representation of the Association
- Preparation, presentation of the budget and implementation after decision
- Admission of members
- Exclusion of members
- Drafting and adoption of the Rules of Procedure and Ethics
- Appointment of members of the Executive Board, in the event of premature resignation from office
- In the case of important personal personnel decisions and fundamental business matters as well as judicial and extrajudicial matters, the Executive Board is solely responsible for decisions by majority vote. The Executive Board shall report on its activities to the General Assembly.
§ 16 Tasks of the Extended Board of Directors
- The extended Board of Directors passes its resolutions in meetings that are convened in writing. The extended board decides on the establishment of new departments. The Extended Board of Directors passes its resolutions by simple majority. In the event of a tie, the vote of the chairperson of the meeting of the extended board decides. It organises and supervises the activities of the departments, proposes the heads of divisions to the General Assembly and is entitled to set up committees for specific purposes. It may also adopt binding rules of procedure.
- All important resolutions of the extended board are to be recorded for evidence purposes and signed by the secretary and chairman of the meeting.
- Regular extended board meetings (at least quarterly) must be held, and additional extended board meetings may be convened at any time at the request of a member of the executive board and/or at least 3 members of the extended board.
- The extended board has a duty to inform the heads of the independent departments who are not themselves members of the board. To this end, they are informed at least twice a year about important personnel, organisational and financial matters and invited to appropriate meetings.
§ 17 Voting rights and eligibility
- Only ordinary members who have reached the age of 16 have the right to vote. The right to vote can only be exercised in person, a transfer of votes by proxy is not possible.
- All natural members who have reached the age of 18 can be elected.
§ 18 Auditor
The General Assembly elects a cash auditor for a period of 1 year. They may not be members of the Board of Directors or a committee appointed by it. Re-election is permissible. The auditors have to audit the cash register of the association, including the books and receipts, at least once a financial year and report to the board in writing. The auditors submit an audit report to the General Assembly and, if the cash transactions are properly conducted, request the discharge of the treasurer and the other members of the Board of Directors.
§ 19 Regulations/Guidelines
- In order to implement the statutes, the extended board may issue rules of procedure, contribution regulations and regulations for the use of sports facilities.
- The regulations/guidelines are decided by a majority of 2/3 of the members of the extended board. In addition, the extended board may issue further regulations/guidelines.
- The association can commission professional tax consultants/accountants as cost-effectively as possible in the event of a tax and accounting management of the mandatory tasks that cannot be carried out on a voluntary basis.
§ 20 Management/Office/Other Tasks
- The association may, by resolution of the executive board, take over administrative tasks of other sports-oriented clubs for an expense allowance.
- The association strives to maintain a local office related to the municipality of Sylt.
- The association is entitled to maintain, promote, lease or acquire properties that serve the sporting and non-profit orientation. By resolution of the general meeting, the association may sublet or lease properties to sports-oriented and non-profit clubs on the island of Sylt, provided that this serves to increase profitability and does not jeopardize the non-profit status of the association.
§ 21 Taking minutes of resolutions
Minutes of the resolutions of the general meetings and the board of directors must be made, stating the place, time and voting results. These minutes are from the Chairman of the Board. or chairman of the meeting and the secretary to be appointed by the chairman of the board or chairman of the meeting in each case
§ 22 Dissolution of the Association
The dissolution of the association can only be decided in a general meeting with the majority of votes specified in § 14 paragraph (2) of these statutes. In the event of the dissolution of the association, the liquidation shall be carried out by the members of the board of directors acting at the time of the dissolution resolution within the meaning of § 26 BGB. In the event of the dissolution of the association or the discontinuation of its previous tax-privileged purposes, the assets of the association shall be transferred to the municipality of Sylt, which shall use them directly and exclusively for the charitable purposes listed in § 2 paragraph of these statutes.
§ 23 Data protection
TSV Westerland collects, processes, stores, modifies and transmits personal data and data on the personal and factual circumstances of its members and natural persons in order to fulfil its statutory purpose and tasks. Through their membership and the associated recognition of these statutes, the members agree to the storage, processing, processing, transmission and use of personal data within the scope of the fulfillment of the tasks and purpose of the TSV. Any other use of data (e.g. data sale) is not permitted. Within the framework of the statutory provisions of the Federal Data Protection Act, each member has the right to information about his stored data as well as to correction, deletion or blocking of his data.
§ 24 Form of address
For reasons of expediency, in particular in order not to impair readability, the provisions apply equally to all persons.
§ 25 Entry into force of the Articles of Association
These statutes were adopted in their present form by the general meeting of the association on 23.05.2023. At the same time, the previous statutes of 15.06.2022 will expire.
Hans W. Hansen, Chairman
Christopher Scharf, Deputy Chairman of the Board of Directors Chairman