FC Treptow e. V.
Statutes of FC Treptow eV (as of 11 May 2017)
Table of contents
I General provisions
§ 1 Name, legal form, financial year
§ 2 Purpose, tasks
§ 3 Structure
§ 4 Membership
§ 5 Objectives, Miscellaneous
II Membership
§ 6 Members
§ 7 Acquisition of membership
§ 8 Rights of members
§ 9 Duties of the members
§ 10 End of membership
§ 11 Membership fees and membership fees
§ 12 Penalties and complaints
III Organ
§ 13 Organs
§ 14 General Meeting (GM)
§ 15 Board of Directors
§ 16 Duties of the Board
§ 17 Control board
IV Miscellaneous
§ 18 Exclusion/limitation of liability
§ 19 Association assets
§ 20 Dissolution of the association
§ 21 Entry into force etc.
Section I
GENERAL PROVISIONS
§ 1 Name, legal form, financial year
(1) The club, founded on 19 May 1994, bears the name "Fußball Club Treptow e. V."
(2) The association has its registered office in the Berlin district of Treptow – Köpenick and is entered in the register of associations under number 14907 at the Berlin-Charlottenburg District Court.
(3) The financial year shall be the calendar year.
§ 2 Purpose, tasks
(1) The association and its bodies (§ 13) regularly carry out their activities on a voluntary basis within the scope of their functions. However, this does not preclude the association from paying a flat-rate expense allowance in accordance with § 3 No. 26a EStG without the beneficiary providing individual proof within the respective legally valid tax allowance. In general, if required, association offices can also be held within the scope of budgetary possibilities on the basis of an employment contract or against payment of an appropriate flat-rate expense allowance that exceeds the tax allowance in accordance with § 3 No. 26a EStG. The decision on such paid association activities is made by the general meeting. The executive committee decides on the content and conditions of the contract. The association is also entitled to employ full-time or part-time staff for appropriate remuneration.
(2) Income and profits are to be used exclusively for charitable purposes. Members do not receive any donations from the association's funds. No person may benefit from expenses that are unrelated to the association's purpose or from disproportionately high remuneration.
(3) The association is politically, religiously and ethnically neutral.
§ 3 Structure
For each sport practiced in the club, a separate department can be established, which can be independent or dependent in terms of financial management. The creation or abolition of a department must be requested in writing from the club's board of directors. Approval is granted by a simple majority decision of the board of directors. The departments regulate their own sporting and financial affairs within the framework of these statutes, without this affecting the overall interests of the club. The provisions of these statutes apply accordingly to the general meeting, the elections and the composition of the department boards.
§ 4 Membership
(1) The club is a member of the Landessportbund Berlin e. V. (LSB), the Berliner Fußball-Verband eV (BFV) and the relevant professional associations with regard to its departments.
(2) The club and its members recognise the regulations issued by the German Football Association (DFB) and the other associations and manage the amateur sections within this framework. They undertake to comply with the resolutions issued by the bodies of the aforementioned or relevant associations and to recognise their decisions.
(3) The statutes, regulations and decisions of the DFB bodies issued by the DFB within the scope of its authority are directly binding on the club and its members.
(4) For the aforementioned purpose, the club transfers its own club authority over its members to the BFV for exercise. At the same time, it authorizes the BFV to transfer the club authority transferred to it for exercise to the DFB for exercise. As long as the BFV and the DFB do not exercise club authority in a specific case, the club is not restricted in its exercise.
(5) Withdrawal from the BFV can only be decided by a three-quarters majority of a general meeting.
§ 5 Objectives, Miscellaneous
(1) The club feels particularly committed to the principles of fairness and strives to convey these principles not only to all its members, but also beyond them. Fair play takes precedence over sporting success.
(2) The club does not accept discrimination against others, whether inside or outside the club. Any racist and/or inhumane behavior will be rigorously punished by the board. All players, coaches, supervisors and especially club officials are required to act accordingly on spectators/parents or other guests.
(3) In addition to promoting sport, the club also feels particularly committed to protecting children and young people. It will ensure that the best possible conditions are created in this regard to counteract any problems that may arise.
(4) The aim is to provide all members with expanded access to the electronic media and the computer-based information system maintained by the Association and the BFV in order to provide the greatest possible transparency and optimal information policy.
(5) The association strives to guarantee its members the most comprehensive data protection possible. However, in order to ensure that the association's work and tasks can be carried out, data processing is essential, of course taking the Federal Data Protection Act into account. For the rest, reference is made to Section 9, paragraphs 8 and 9.
Section II
MEMBERSHIP
§ 6 Members
(1) The Association has ordinary and extraordinary members.
a) Ordinary members are: active and passive members who are legally competent, as well as honorary members.
b) Extraordinary members are: young people under 18 years of age, those who are not fully legally competent and exclusively supporting members.
(2) Honorary members are:
a) People who have made a special contribution to the association. They can be proposed as honorary members by the board. The honorary member is appointed for life by resolution of the board.
b) Honorary members have the right to vote at the general meeting
(3) Supporting members may be natural or legal persons. They do not acquire any rights or obligations from their membership.
§ 7 Acquisition of membership
(1) Any person of good character may become a member. A written application is required, which must be signed by the member’s own hand and which also acknowledges the association’s statutes and rules.
(2) When applying for a permit from a minor, the written consent of the legal guardian is also required.
(3) The Board of Directors shall decide on admission. The applicant shall be informed thereof.
(4) Membership begins on the day of admission. The member thereby submits to the statutes and regulations of the club and the associations to which the club belongs.
§ 8 Rights of members
(1) Every member has the right to participate fully in the life of the association and to use all facilities of the association.
(2) Only ordinary members have the right to vote in the general meeting and in their respective department. The passive right to vote for the board of directors within the meaning of § 49 176 62922382 only exists after at least one year of membership in the association.
(3) Each member shall be provided with a copy of the Association’s statutes upon request.
(4) In the event of penalties imposed by the Board of Directors within the Association, every member has the right to appeal to the Control Board. Further details are set out in Section 12.
§ 9 Duties of the members
(1) The aims of the club are to be promoted. All members of the club are obliged to behave in a fair and sporting manner and to show mutual consideration.
(2) All members are obliged to behave in accordance with the statutes and other regulations of the association.
(3) Membership fees are to be paid in advance. Further details are set out in Section 11.
(4) Decisions and orders of the Board of Directors must be complied with.
(5) Address changes and updates to telephone numbers must be communicated to the office immediately.
(6) Active football players may not simultaneously play football in another club.
(7) The assumption of a position in another sports club must be reported to the Board.
(8) By joining the club, each member agrees that any kind of images taken as part of the club's public relations work (website, brochures, club newspaper, press releases, etc.) may be used, provided they are related to the club's membership and activities. In particular, the club may use these images without having to obtain a separate consent from the person prior to each planned publication. The consent expressly only includes permission to use personal data (e.g. name, team) insofar as they are relevant for the publication.
(9) In addition, the association is entitled to process personal data if this corresponds to the association's purpose or a contractual relationship with the person concerned. Furthermore, it is permitted to process personal data if it is necessary to protect a legitimate interest of the association or if the data is publicly accessible and there is no reason to assume that the data subjects have predominantly legitimate interests in excluding processing or use.
§ 10 End of membership
(1) Membership ends through resignation, exclusion or death of the member.
(2) Upon termination of membership, all items belonging to the Association must be returned.
(3) The written notice of resignation must be received by the office. Resignation must be given quarterly by 30 June or 31 December of the current year.
(4)
a) Exclusion may occur in the event of a serious breach of the statutes, in the event of overdue contributions of more than six months or in the event of other behaviour detrimental to the association.
b) Any ordinary member may submit an application for exclusion. The Board of Directors decides on these applications and informs the parties of the result in writing, pointing out the possibility of appeal to the Supervisory Board.
§ 11 Membership fees and membership fees
(1) The contribution amount, admission fees and processing fees (e.g. upon withdrawal) are determined by the contribution regulations.
(2) Special contributions or the payment of levies may only be decided by the General Meeting in exceptional cases and for important reasons.
(3) Applications for deferral, remission or reduction of contributions or fees must be submitted in writing to the office; the Board of Directors shall decide on such applications.
(4) Any outstanding contributions and fees may be collected through legal means following a reminder.
(5) Honorary members and referees are generally exempt from membership fees. Employees in the youth department may be exempted from membership fees upon request.
§ 12 Penalties and complaints
(1)
a) Violations by members in the sporting area or in the case of membership fees being in arrears for more than six months as well as other behaviour that is detrimental to the club can be punished by the board by:
reference
Prohibition of participation in club events
Prohibition of training and/or competition
Exclusion from the club
(b) The decision shall be communicated in writing, indicating the possibility of appeal to the Control Council.
(2) Appeals against punishments may be lodged with the Control Council within two weeks of notification (receipt). The final decision of the Control Council shall also be communicated to the persons concerned in writing.
Section III
BODIES
§ 13 Organs
The organs of the association are:
the general meeting,
the board
there Control Board
§ 14 General Meeting (GM)
(1) The General Meeting is the highest decision-making body. All ordinary members of the Association are entitled to vote in accordance with Section 6 (1) (a).
(2) The ordinary general meeting shall take place once per financial year.
(3) At the request of the Board of Directors (if there is an important reason) or at the request of at least one third of the ordinary members, an extraordinary general meeting shall be convened.
(4) The date for each general meeting must be announced in writing by an authorized representative member of the board at least 3 weeks in advance. The notification will be made by posting the agenda items. Every general meeting that has been properly convened has a quorum.
(5) The General Meeting shall elect and confirm the Executive Board and the Supervisory Board. It may also remove individual members of these bodies for important reasons.
(6) The General Meeting shall be chaired by the Chairman, but not by his election. Another member of the Board of Directors may also be appointed to chair the meeting.
(7) At each ordinary general meeting, the Board shall report on the work performed, give a financial report and submit pending motions for resolution.
(8)
a) Applications must be submitted in writing and must be received by the office at least one week before the date of the AGM. They can be viewed by members at the Executive Committee.
b) Applications for amendments to the Articles of Association must be received at least 4 weeks in advance and must be published immediately.
c) Applications received later can only be submitted as urgent applications with special justification and can only be accepted if the General Meeting decides this by a two-thirds majority. Urgent applications for changes to the statutes are excluded.
(9)
b) The general meeting has a quorum regardless of the number of members present. Resolutions and elections are decided by a simple majority of the valid votes cast; a tie vote means rejection.
b) Amendments to the Articles of Association require a 2/3 majority of the valid votes cast.
c) A secret ballot shall be held if requested by 10% of the ordinary members present.
(10)
a) Minutes must be taken of each general meeting, which must be signed by the chairman of the meeting and the person taking the minutes.
b) The minutes of the General Meeting may be requested from the Board of Directors for inspection if required.
§ 15 Board of Directors
(1) The Board of Directors shall consist of
a) 1. Chairman
b) 2nd Chairman
c) Treasurer
d) Sports Officer
f) Youth Officer
g) Secretary
h) Referee chairman
i) three assessors
(2) The 1st Chairman, 2nd Chairman and Treasurer jointly manage the Association.
(3) The Board of Directors within the meaning of paragraph (1) has a quorum if four of the current Board members are present. In the event of a tie, the vote of the 1st Chairman shall be decisive; in his absence, the vote of the 2nd Chairman shall be decisive; in his absence, the vote of the Treasurer shall be decisive.
(4) The 1st Chairman, the 2nd Chairman and the Treasurer represent the Association in accordance with Section 26 of the German Civil Code (BGB). The Association is represented in and out of court by two of the three Board members named above.
(5) The Board of Directors is elected by the General Meeting for a period of two years. The individual Board members remain in office until the new Board member is elected. The Board of Directors replaces departing Board members by resolution until the next General Meeting or the corresponding election.
§ 16 Duties of the Board of Directors
(1) The Board represents the Association internally and externally and implements the decisions of the General Meeting. It manages the Association as the welfare of the members and the purpose of the Association require.
(2) An annual report shall be prepared for each completed financial year, which shall also contain the financial statements.
(3) The Board of Directors shall bestow honors. Further details are set out in the Code of Honor.
(4) The deliberations and decisions of the Board of Directors are strictly confidential. The Board of Directors decides on publications.
(5) The Board of Directors may appoint other persons to represent the interests of the Association.
§ 17 Control board
(1) Any Member may appeal to the Control Council.
(2) It shall consist of three ordinary members who shall be elected by the General Meeting for a period of two years and shall remain in office until a new member is elected.
(3) Members of the Control Council may not be members of the Executive Board. If two members are present, the Control Council has a quorum. Decisions require a simple majority.
(4) The Control Council mediates and decides on club-related disputes, reviews punishments, monitors compliance with resolutions of the General Meeting and acts as auditor. In its function as auditor, it must carry out an audit of the accounts in good time before the General Meeting of each year to ensure that the figures are correct and that the receipts are complete, and report on this to the General Meeting.
Section IV
MISCELLANEOUS
§ 18 Exclusion/Limitation of Liability etc.
(1) The Association shall not be liable for any damage or loss suffered by its members.
(2) Liability for breaches of duty by members, bodies and vicarious agents of the association is limited to intent and gross negligence.
(3) If bodies or individual members thereof, but also vicarious agents, commit a slightly negligent breach of duty in the exercise of the field of activity assigned to them, they shall be indemnified by the association against liability unless they have their own liability insurance cover and compensation for damages is ensured in this respect.
§ 19 Association assets
(1) The Association shall be liable for all liabilities exclusively with its assets (cash and inventory).
(2) Assets, surpluses and profits may only be used for statutory purposes.
(3) The members have no share in the association’s assets.
§ 20 Dissolution of the association
(1) Termination is possible at any time.
(2) The General Meeting shall decide on this matter by a three-quarters majority in an extraordinary General Meeting convened specifically for this purpose.
(3) If the association is dissolved or if tax-privileged purposes no longer apply, its assets shall pass to the Berlin Football Association, which shall use them directly and exclusively for tax-privileged purposes.
§ 21 Entry into force etc.
(1) Amendments to the Articles of Association shall only become effective upon entry in the Register of Associations.
(2) Elections, in particular of the Board of Directors, shall take effect immediately unless otherwise provided.
(3) If the registry court and/or the tax office for corporations objects to the revised statutes or subsequent amendments, the board of directors is authorized, within the meaning of Section 26 of the German Civil Code (BGB), to amend them in order to remedy the objections.
(4) These Articles of Association were revised at the General Meeting of 12 April 2012 and completely re-adopted in their present form.