FeMiC e.V.
Statutes
Statutes of the association „Für eine Musikschule in Cuxhaven – musikalische Förderung für Cuxhaven, Nordholz und Otterndorf" e.V. (“For a music school in Cuxhaven – supporting music education in Cuxhaven, Nordholz and Otterndorf”).
These statutes are an English translation provided for convenience. The German version is the legally binding one.
§ 1 Name, Registered Office and Financial Year
a) The association bears the name „Für eine Musikschule in Cuxhaven – musikalische Förderung für Cuxhaven, Nordholz und Otterndorf e.V.".
b) The association has its registered office in Cuxhaven.
c) The financial year is the calendar year.
§ 2 Purpose, Charitable Status
a) The purpose of the association is to provide a music school in Cuxhaven for people of every age with an interest in music.
b) The association pursues exclusively and directly charitable purposes within the meaning of the German Fiscal Code (Abgabenordnung). The purpose laid down in these statutes is achieved through music education, teaching and the promotion of music.
c) The aims and purpose of the association are realised in particular through the following measures and tasks:
for the students, through
- instrument loans free of charge or limited to a contribution towards costs,
- use of rehearsal rooms and equipment free of charge or limited to a contribution towards costs,
- participation in ensembles, bands and projects free of charge or limited to a contribution towards costs,
- participation in performances, recitals and concerts free of charge or limited to a contribution towards costs,
- participation in contests and career-preparatory competitions free of charge or limited to a contribution towards costs,
- reductions, scholarships and special provision for those in financial hardship;
for the cultural life of the town, through
- staging concerts and public performances,
- holding talks and discussion forums on the ways in which music creates meaning and builds community;
for general schools and youth welfare institutions, through
- co-operation in the musical and artistic development of children and young people.
d) The association acts altruistically; it does not primarily pursue its own commercial interests.
e) The funds of the association may be used only for the purposes set out in these statutes.
f) Members of the association receive no share of profits and, in their capacity as members, no other benefits from the funds of the association.
g) No person may benefit from expenditure that is alien to the purpose of the association or from disproportionately high remuneration.
§ 3 Acquisition and Termination of Membership, Types of Membership
a) Any natural person may become a member. Young people under the age of 18 require the written consent of a legal guardian.
b) The membership consists of active members and supporting members, but of active members as a minimum. Active members work towards implementing and realising the aims of these statutes. In doing so they are supported by the supporting members in an appropriate manner. Holding active and supporting membership at the same time is not permitted.
c) When a member is admitted to the association, the Active Members’ Meeting decides by a three-quarters majority which category they are assigned to. The founding members of the association are active members.
d) Applications for membership must be made in writing. Admission is decided by the Active Members’ Meeting by a three-quarters majority. To this end the application must be listed beforehand as a separate item on the agenda in the Executive Board’s written invitation to the Active Members’ Meeting. There is no entitlement to membership; the rejection of an application need not be given reasons.
e) Membership ends upon the death of the member, upon resignation or upon expulsion from the association.
f) Resignation must be declared to the Executive Board in writing. It is possible only with one month’s notice, effective at the end of a calendar year.
g) A member may be expelled from the association if they seriously act against the interests of the association or damage its public standing. Every member is entitled to submit such a motion. Before a motion for expulsion is submitted, a reasoned complaint about the member facing expulsion must be communicated in writing both to the Executive Board and to that member. The Executive Board and the member facing expulsion must then be given 20 working days to clarify the allegations, whereby school holidays in Lower Saxony do not count as working days. If the matter cannot be settled amicably, the motion is put to the Active Members’ Meeting for decision; it must be listed beforehand as a separate item on the agenda in the invitation. The member concerned must be given an opportunity to comment. Expulsion is decided by the Active Members’ Meeting by a three-quarters majority and takes effect immediately.
h) Upon termination of membership there is no entitlement to a share of the association’s assets.
§ 4 Governing Bodies of the Association
The governing bodies of the association are:
- the Active Members’ Meeting
- the Executive Board
- the Supporting Members’ Meeting
- the Advisory Board
- the General Assembly.
§ 5 Active Members’ Meeting
a) The Active Members’ Meeting is responsible for all matters concerning the active members, in so far as they are not the responsibility of the Executive Board. Only active members are entitled to attend; exceptions are decided unanimously by the Active Members’ Meeting. It is responsible in particular for admitting new members, for setting the amount and due date of the membership fee and/or of levies for active members, and for expelling a member.
b) The Active Members’ Meeting is convened in writing by the Chair or the Deputy Chair of the Executive Board, with at least two weeks’ notice and stating the agenda. The invitation may be sent by e-mail. It takes place when the Executive Board resolves to convene it, when one fifth of the active members request it in writing stating their reasons, or when it is based on a resolution of a previous meeting.
c) The meeting is chaired by the Chair of the Executive Board or, if they are unable to attend, by the Deputy Chair. If no member of the Executive Board is present, the meeting appoints its chair. Written minutes must be taken; the meeting appoints a minute-taker.
d) The Active Members’ Meeting has a quorum regardless of the number of active members present. Only active members are entitled to vote.
e) Unless these statutes provide otherwise, resolutions are passed by a simple majority of the valid votes cast. Abstentions are not counted.
§ 6 Executive Board
a) The Executive Board consists of the Chair, the Deputy Chair and the Treasurer.
b) The Chair, the Deputy Chair and the Treasurer form the Executive Board within the meaning of § 26 of the German Civil Code (BGB), the board authorised to represent the association. The association is represented in and out of court by two members of the Executive Board acting jointly.
c) The Executive Board is elected by the active members at the General Assembly for a term of two years. Only active members have the right to vote and to stand for election to the Executive Board. Each member of the Executive Board is elected individually.
d) The Executive Board remains in office until a new board is elected. If a member leaves during the term of office, the Executive Board may appoint a replacement from among the active members for the remainder of the term.
e) The Executive Board manages the affairs of the association and carries out all administrative tasks, in so far as these are not assigned to another body by these statutes or by law – in particular implementing the resolutions of the meetings, convening, preparing and chairing the Active Members’ Meeting and the General Assembly (the latter in consultation with the Advisory Board), drawing up the budget, keeping the accounts and preparing the annual report, and working with the Advisory Board on the use of donations and grants.
f) Meetings of the Executive Board are convened by the Chair or the Deputy Chair. The Executive Board has a quorum when all members have been invited and a majority is present. Invitations are issued verbally.
g) The Executive Board passes resolutions by a simple majority of the valid votes cast. In the event of a tie, the Chair has the casting vote or, in the Chair’s absence, the Deputy Chair.
h) Resolutions must be minuted and signed by the members of the Executive Board. The entries must state the place and time of the meeting, the names of those attending, and the resolutions passed and voting results.
i) The accounts are administered in accordance with the association’s financial regulations.
j) Remuneration may be granted to the managing members of the Executive Board. Its level must not be unreasonably high; the benchmark is the charitable purpose of the association.
§ 7 Supporting Members’ Meeting
a) The Supporting Members’ Meeting is responsible for all matters concerning the supporting members, in so far as they are not the responsibility of the Advisory Board or the Executive Board.
b) Only supporting members are entitled to attend, together with the Executive Board in an advisory capacity. The meeting decides by a simple majority whether to widen the circle of participants.
c) It is responsible for setting the amount and due date of the membership fee for supporting members.
d) The meeting is convened in writing by the Chair or the Deputy Chair of the Advisory Board, with at least two weeks’ notice and stating the agenda (the invitation may be sent by e-mail). It takes place when the Advisory Board resolves to convene it, when one fifth of the supporting members request it in writing stating their reasons, or when it is based on a resolution of a previous meeting.
e) It is chaired by the Chair of the Advisory Board or, if they are unable to attend, by the Deputy Chair; if no member of the Advisory Board is present, the meeting appoints its chair. Written minutes must be taken.
f) The meeting has a quorum regardless of the number of supporting members present. Only supporting members are entitled to vote.
g) Resolutions are passed by a simple majority of the valid votes cast. Abstentions are not counted.
§ 8 Advisory Board
a) The Advisory Board consists of a Chair, a Deputy Chair and one ordinary member. The Chair of the Advisory Board and one further member must be supporting members.
b) The Advisory Board is elected by the supporting members at the General Assembly for two years. Active members and members of the Executive Board have neither the right to vote nor the right to stand in elections to the Advisory Board. Each member of the Advisory Board is elected individually.
c) The Advisory Board remains in office until a new board is elected. If a member leaves, the Advisory Board appoints a replacement for the remainder of the term.
d) The Advisory Board brings the concerns, wishes and suggestions of the supporting members to the Executive Board and, where appropriate, ensures that they are dealt with at the General Assembly.
e) Together with the Executive Board it decides on the sensible use of donations and grants in accordance with these statutes.
f) Meetings of the Advisory Board are convened by its Chair or Deputy Chair. It has a quorum when all members have been invited and a majority is present. Invitations are issued verbally.
g) The Advisory Board passes resolutions by a simple majority of the valid votes cast. In the event of a tie, the Chair of the Advisory Board has the casting vote or, in their absence, the Deputy Chair.
h) Resolutions must be minuted and signed by the members of the Advisory Board (place and time, those attending, resolutions and voting results).
i) Members of the Executive Board may attend meetings of the Advisory Board in an advisory capacity. The Advisory Board decides on this.
§ 9 General Assembly
a) The ordinary General Assembly takes place once a year. All governing bodies take part: the active members, the Executive Board, the supporting members and the Advisory Board.
b) At the General Assembly the annual reports of the Executive Board, the Advisory Board and the auditors are received and discussed; in an election year the active members elect the Executive Board and the supporting members elect the Advisory Board; the active members formally approve the Executive Board’s conduct of business, decide on amendments to the statutes and on the dissolution of the association, and elect one auditor from among their number (not a member of the Executive Board or an employee); the supporting members elect a second auditor (neither an active member nor a member of the Advisory Board nor an employee).
c) An extraordinary General Assembly takes place when the Executive Board resolves to hold one for urgent reasons, when one fifth of the active members or one fifth of the supporting members request it in writing stating their reasons, or when the Advisory Board requests it in writing stating its reasons.
d) The General Assembly is convened in writing by the Chair or the Deputy Chair of the Executive Board, with at least two weeks’ notice and stating the agenda (the invitation may be sent by e-mail).
e) The agenda covers in particular: the report of the Executive Board, the report of the Advisory Board, the report of the auditors, formal approval of the Executive Board’s conduct of business, any elections due, any amendments to the statutes, any dissolution of the association, and resolutions on the motions submitted.
f) The notice period begins on the day after the letter of invitation is sent. The letter is deemed to have been received if it was addressed to the postal address or e-mail address last notified.
g) The General Assembly is chaired by the Chair of the Executive Board or, if they are unable to attend, by the Deputy Chair; if no member of the Executive Board is present, the assembly appoints its chair.
h) For elections to the Executive Board and the Advisory Board, the General Assembly elects three people from among its number to form an election committee; it should include both active and supporting members.
i) The minute-taker is appointed by the chair of the assembly.
j) The General Assembly has a quorum regardless of the number of members present.
k) All members present have the right to speak and to submit motions. Active members have a general right to vote, in so far as it is not restricted by these statutes. The voting rights of supporting members are limited to electing the Advisory Board, one auditor, the chair of the assembly and the election committee, and to the amount and due date of fees and/or levies for supporting members.
l) Unless otherwise provided, resolutions are passed by a simple majority of the valid votes cast. Abstentions are not counted. Votes may not be transferred to another person.
m) Amendments to the statutes, including the founding of a new division, changes to the purpose of the association and the dissolution of the association require a three-quarters majority of the valid votes cast by the active members.
§ 10 Membership Fees / Levies
a) The level of fees and levies may differ for active and supporting members.
b) The amount and due date of fees and/or levies for active members are determined exclusively by the active members at the Active Members’ Meeting or at the General Assembly.
c) The amount and due date of fees and/or levies for supporting members are determined exclusively by the supporting members at the Supporting Members’ Meeting or at the General Assembly. They take effect once the Executive Board has approved them.
§ 11 Use of Donations and Grants
a) The Executive Board and the Advisory Board work together to ensure that all donations and grants are used sensibly and in accordance with these statutes.
b) Funds may be used only if the Executive Board and the Advisory Board have given their prior approval. They vote on this in separate meetings; the provisions on minutes and voting for meetings of the Advisory Board and the Executive Board apply (§§ 6, 8). If they cannot reach agreement, the funds cannot be used.
c) In its annual report to the General Assembly, the Executive Board reports on all donations and grants received and on how they were used.
§ 12 Auditors
a) The General Assembly elects two auditors for a term of two years.
b) One auditor must come from among the active members and must not belong to the Executive Board; they are elected exclusively by the active members. The other must be neither an active member nor a member of the Advisory Board; they are elected exclusively by the supporting members.
c) The auditors are responsible for auditing all of the association’s accounts. Each auditor audits every account held. The audit covers the supporting documents as to substance and arithmetic; it does not extend to whether the expenditure incurred was expedient.
d) Audit reports must be submitted and presented to the General Assembly. If objections are raised, the Executive Board and the Advisory Board must be informed beforehand.
e) Auditors may not be employees of the association.
§ 13 Dissolution of the Association
a) Dissolution may be resolved only at a General Assembly, by three quarters of the votes of the active members. Unless the General Assembly resolves otherwise, the Chair and the Deputy Chair act as liquidators authorised to represent the association jointly. The same applies if the association is dissolved for another reason or loses its legal capacity.
b) If the association is dissolved or its existing charitable purpose ceases to apply, its assets pass to the town of Cuxhaven, which must use them directly and exclusively for charitable purposes similar to the aims of the association.