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Satzung

Satzung

§ 1 Name, foundation and seat of the association

1. The association is called ‘BVB Tempel Freaks’. 2. It was founded on the 1st of March 2019 BVB TEMPEL FREAKS E.V. 3. The headquarters of the association are in Dortmund, Germany and the scope of the associations’ activities extend throughout Europe.
The ‘BVB Tempel Freaks’ association is recognised by Borussia Dortmund and registered in the central association register under the number
No. 1909001263.
The association may become a member of other associations and organisations.
The board reserves the right to make any amendments to the statute if these are required by the District Court or the tax authorities.

§ 2 Fiscal year

The fiscal year of the association is the calendar year.

§ 3 Purpose of the association
The association exclusively and directly pursues non-profit purposes according to § 52 of the Austrian tax code.
The purposes of the association are the promotion of sport, the support of individuals with special needs as well as the promotion of art and culture.
Furthermore, the association pursues the alliance with and the support of the BV Borussia Dortmund 1909 e.V. and its fans in Austria and Europe.
The Statute achieves its objectives by organising joint activities and the participation in BVB 09 home and away matches, as well as by developing and carrying out charitable projects.
The association is a non-commercial organisation; it does not have a primarily economic purpose.
The Statute achieves its objectives by organising joint activities and the participation in BVB 09 home and away matches, as well as by developing and carrying out charitable projects. The association clearly distances itself from extreme right and left wing ideology and any form of discrimination. Moreover, the association does not tolerate the use of pyrotechnics or any form of violence whatsoever. Infringement against these specifications will be dealt with an immediate exclusion as well as a criminal prosecution.

§ 4 Use of funds to achieve the association’s purpose
The association’s objectives will be reached through non-material and material funds. Funds can only be used for purposes stated in the Statute. Members do not receive any funding/donation from the association.

Non-material funds are:

Joint trips to the matches
Regular meetings of members
Participation at football tournaments
Organisation of tournaments, excursions, charity projects
Regular Information /Varied communication with members Material funds should be raised by:
Subscription fees
One-time admission fees
Donations
Sponsors within projects

§ 5 Acquisition of membership

Every natural person may become a member of the association if she/he can identify her/himself with the purpose of the association.
Membership can be obtained by filling in a written membership form which is then presented to the board. The application for membership then needs to be approved by the board jointly.
Every member can view the Statute and recognises the terms by signing the membership form.
§ 6 Loss of membership

Membership expires with cancellation, death or termination.

The cancellation has to be submitted in writing to the board. Cancellation automatically comes into effect with the end of the membership year unless the member wishes to cancel the membership at a different time.
Already paid subscription fees will not be refunded.

Membership can be terminated with immediate effect for: Membership can be terminated with immediate effect for:

Failure to pay the membership fee, despite reminders
Conduct damaging to the association
Disrespect of the association’s Statute

In such a case, termination is communicated in writing to the member and has immediate effect. All reference to the association, in particular on Internet platforms, are to be removed promptly after the termination.

§ 7 Membership subscriptions/ Admission fee

Subscription fees is defined by the board. They are divided in age groups:
0-7 years
free of charge

8-16 years
19.09 €
17 years and above
€ 29.09
Retirees
19.09 €
Families:
Parents:
29.09 €

1. Child (8 years and above)
€ 19.09

2. Child (8 years and above)
€ 9.09

The fee is annual and must be settled by bank transfer at the beginning of the fiscal year (§ 2), latest by the 15/02 of the calendar year. Membership subscriptions may be paid in two instalments after prior agreement with the board.
In very rare cases the board might reconsider the membership fee.
The membership fee is calculated from the date of admission in the association year. The proportional fee is due by the 1st day of the following month.
If payment is not made on time, a default of payment is automatically generated. Members will receive a written reminder with a deadline for payment of maximum 4 weeks for late payment after which a termination of the membership as per §6 of this statute follows.
Admission fee amounts to 19.09 € and must be settled independently from the date of admission.

The admission fee includes:
A certificate of welcome
A membership card

§ 8 Rights and Duties of Members

All members of the association have equal rights (reference to the Young Persons Protection Act).

You have the right to participate in all events of the association (reference to the Young Persons Protection Act).
Every member aged 17 and above is entitled to vote in the General Meeting.

Members have the obligation to adhere to the Statute and to the decisions taken.
Members leaving or excluded from the association are not entitled to any refund of their contributions.

§ 9 Body of the association

The body of the association is made up of:

The Board (§ 10)
The General Assembly (§ 11)
The Treasurer / The auditor (§ 12)
The Court of Arbitration (§ 15)

§ 10 Board

The Board manages the association in joint responsibility for the policy remit as per the Statute. It represents the association in public.
The Board must be composed of association members.

The quorum is made up of at least 2 board members.

If a Board member retires from the association his/her appointment expires automatically.
The Board is composed of the
1st Representative
2nd Representative

The Treasurer
The Secretary

Each member of the Board is elected for a duration of 2 years in the General Meeting.
The division of responsibilities and liabilities of Board members do not require
The approval of the General Meeting.

Resignation from the Board is possible at any time. If one or several Board members withdraw from the membership or resign, the association will be maintained by the remaining Board members. In such a case, a short term extraordinary General Meeting will be convened for the new election of a statutorily Board.
The Board is not financially or personally liable for the members of the association. Each member is responsible for his own action and doing and if necessary held accountable.

§ 11 General Meeting

The General Meeting is composed of all members of the association.
An Ordinary Session is held every two years. To this end, members receive a written invitation 4 weeks in advance and notification of the agenda. This may also occur electronically. Delivery will be to the last known address or the email address.
The quorum of the General Meeting is given by the present members. A simple majority is sufficient for decisions.
All member 17 years old and above are entitled to vote. Membership must be valid for at least 3 months.
The General Meeting is held by the 1st Representative, in case of replacement, this will be done by the 2nd representative. If an elected representative is unable to attend, the oldest present member entitled to vote will take the chair.

The General Meeting:

Approves the financial report
Decides to relieve the board
Make changes to the Statute
Decides upon other concerns disclosed during the meeting
Votes the board of the association.

Applications for a General Meeting must be communicated 7 days in advance to the 1st representative or replacement of the latter in writing.
Decisions are recorded in writing and have to be signed by the chairman of the meeting.

An extraordinary General Meeting can be held by order of the Board, the ordinary General Meeting or by written request of a minimum of one tenth of the members or by the Cash Auditor in a time frame of at least 4 weeks.

§ 12 Treasury management

The Treasurer manages the materials and the cash of the association. An association account is opened at a bank.
The following have a power of attorney:

The 1st representative and the 2nd representative
The Secretary
The Treasurer

A cash book records must be made, showing all income and expenditures. All related receipts must be kept.
Membership contributions are to be transferred to the association’s account.

During the ordinary General Meeting Treasurers must account for the past fiscal year.
Two Treasurers are elected annually and also announce the result of their audits during the General Meeting.
§ 13 Association meetings

A get-together of the ‘BVB Tempel Freaks” is organised on a regular basis in which non-members can also participate.
Joint activities (like trips to BVB matches, participation in fan club tournaments, excursions etc.) and charitable projects are organised and carried out jointly.

§ 14 Changes to the Statute

Request for changes to the Statute are to be communicated to the Board and are then to be approved in the framework of a General Meeting. The decision requires a ¾ majority of the present members.

§ 15 Court of Arbitration

The internal Court of Arbitration of the association is appointed for the arbitration of all disputes within the association. This is an arbitration institution pursuant to the Austrian Law on Associations 2002 and not a court of arbitration pursuant to 577 following the Austrian Court of Civil procedure.
The Court of Arbitration is made up of 3 ordinary members of the association. It is composed as follows:
A written nomination by name of a member as an arbitrator to the Board by a participant in the dispute.
The board thereafter summons the adversary party to equally nominate an arbitrator within 7 days.
Both nominated arbitrators vote a further ordinary member as representative of the Court of Arbitration within 14 days.
The members of the Court of Arbitration must not be part of any body – except for the General Meeting – which is subject to the dispute.
Both parties must be heard and the Court of Arbitration makes a decision according to its true knowledge. Their decision is final within the association.
§ 16 Dissolution

The request for dissolution must be made in writing in the General Meeting. A ¾ majority of all present members eligible to vote is necessary.
In case of dissolution or suspension of the association or the loss of tax-deductible aims
the assets of the association, if available, are to be allocated to the ‘Förderverein für Frühgeborene und kranke Neugeborene Homburg e.V.’ (Friend’s association for premature and sick new-borns Homburg e.V.) used exclusively for non-commercial purposes.

Traiskirchen, January 2020. In addition:
Board member duties are defined separately and merely require consultation with each other.
A change of membership fees does not require amendments of the Statute.

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