Convention
The name of the club
is
European
Space Operations Centre Sailing Club
After the assembly
that decided to establish the club, the club shall be enlisted with the Club
Registrar with the Amtsgericht Darmstadt and shall get the extension “e.V.”.
With the enlistment
with the Club Registrar the Club will be a legal identity of it’s own.
The Club is located
in Darmstadt.
The Club aims exclusively
and directly at fulfilling tasks of the public utility as defined in the Section
“privileged tasks (Steuerbegünstigte Zwecke)” in German Code of Taxation (Abgabenordnung).
The Club’s task is the support to sports.
The Club’s task
will be fulfilled by supporting sportive exercises and performances, especially
in supporting sailing sports and seamanship, organisation and execution of
formal training, informal training and exercising and organisation of regattas
and participation in regattas.
Deductibility of
donations given to the Club is ruled in the German tax laws as valid for the
corresponding year.
The Club is
altruistic and not in entrepreneurship, thus the Club is an “ideal” club in
the sense of the German Civil Code.
Everybody can become
member of the Club that accepts the Club’s Convention and it’s tasks.
The Board decides
over membership applications. In case of denial of membership the Board is not
obliged to give the reasons for the denial of membership.
Members of the Club
can use the Club’s facilities and equipment. Loss or damage of facilities or
equipment causes replacement by the user/leaser.
Persons may be awarded
Honorary Membership (Member h.c.) for extraordinary performances in the field of
the Club’s tasks and if they identifies themselves with the Club’s tasks,
and if they accept the award. The Board of the Club decides unanimously to whom
shall be awarded an Honorary Membership.
The General Assembly
decides with simple majority of the present members over the annual membership
fee for the running year. There is no enlistment fee.
Honorary Members (Members
h.c.) are free of charge.
Members that did not
pay their membership fee in due time will be reminded. Unwillingness for payment
leads to exclusion, subject to the decision of the Board. In cases of inability
for payment of the membership fees for social reasons the Board may decide on
it’s own discretion either for crediting or total relief of the dues.
The funds of the Club will
be used exclusively for tasks authorised by this convention. Members shall not
get any gratuity or whatsoever. Expenses made by the Club either for tasks not
authorised under this Convention or by unreasonably high salaries shall favour
no person.
Membership ceases
with the end of the year, if the Member files his/her termination of Membership
with the Board not later than September 30 of the current year.
Membership ends as
decided by the Board, in cases where the Board decides.
The Membership ceases
on the end of the quarter of the year, if the Member terminates Membership due
to professional relocation. Membership fees for the remaining part of the year
will not be reimbursed.
Exceptionally, Loss
of Membership with instant effect may be decided by the board in cases of
significant damaging behaviour of the Club by the Member that makes it undue to
wait until the end of the year for the ceasing of Membership.
The Organs of the
Club are the General Assembly and the Board.
The General Assembly
takes place during the first quarter of each year. The invitation for the
General Assembly has to be delivered by e-mail with 3 weeks notice.
The General Assembly
decides over the financial result of the foregoing year, the relief of the
Board, applications for amendments to this Convention including the winding up
and elects the Board.
Decisions of the
General Assembly are taken with the majority of the present Members. Amendments
to this Convention and winding up of the Club require a majority of two thirds
of the present Members. Decisions of the General Assembly are to be minuted by
the Secretary and signed by the Members of the Board at the end of the deciding
assembly.
The modus (open or
secret voting) is decided on the majority of the present Members.
Representation is not
allowed.
The board rules the
Club. The Board represent the Club in any matter inside and outside of court.
The Board is formed
by the Chairman, the Secretary, Cashier, the Coach, the PR-Manager and two
additional Members of the Committee,
the Head of Training and Public Relations Manager.
Two Members of the
Board together have power of attorney to represent the Club.
The General Assembly
may decide that any business exceeding € 2,000 require the prior authorisation
of the General Assembly.
Upon
suggestion
of the
Board, the
General
Assembly may elect Functionary
for
tasks to be determined.
The Functionary support the Board in it’s work and participate in
Board-Meetings, fully
voting. Functionary
do not represent the Club, exempt there
is a special power of attorney
isuued by the Board.
For the support of
the Board, the Board may propose to the General Assembly the establishment of
committees. Committees have no power of attorney.
If winding up the
Club is decided according to this Convention, the Board has to continue it’s
work as Liquidators. The Liquidators have to follow the corresponding rules of
the German Civil Code (§§ 47 ff BGB).
If the Club will be
wound up or the preliminaries for the recognition of the Club’s public utility
won’t be fulfilled anymore the funds of the Club fall to the Deutsche
Gesellschaft zur Rettung Schiffbrüchiger that, according to their constitution,
may use the funds exclusively and directly only
for tasks of public utility.
This Convention will
be established and updated in German and English language.
This Convention will
be effective as of the day of enlistment with the Club Registrar with the
Amtsgericht Darmstad.
For business related
to the Club Registrar with the Amtsgericht Darmstadt the German version shall
prevail.
In any other case the
English version shall prevail.