Association statutes for the volunteer fire brigade of the city of Schwalbach a.Ts. registered association
Statute
§1 Name, seat, legal form
The volunteer fire brigade of the city of Schwalbach am Taunus is a registered association. The association bears the name "Volunteer fire brigade of the city of Schwalbach a.Ts. eV” and is based in Schwalbach am Taunus.
The association is entered in the register of associations at the district court of Königstein under number 8 VR 533.
§2 Purpose of the association
(1) The volunteer fire brigade association of the city of Schwalbach a. Ts. eV has the following tasks:
a) the fire brigade of the city of Schwalbach a.Ts. to promote according to the applicable state law and the ordinances and guidelines issued for it,
b) to take care of the social concerns, such as adequate insurance protection for the members, especially the operational department. The provisions of § 53 AO must be observed.
c) to maintain the principles of voluntary fire protection and to establish comradely connections between the members of the association and other fire brigades through joint events,
d) to promote the youth fire brigade and the recruitment of young people.
e) to support the operations department of the volunteer fire brigade in fulfilling their tasks
(2) The association pursues exclusively and directly charitable purposes within the meaning of the section "Tax-privileged purposes" of the tax code in the currently valid version. The association is selflessly active; it does not primarily pursue its own economic purposes. Funds of the association may only be used for statutory purposes. The members do not receive any grants from the funds of the association for their activities in the association.
(3) Neither natural nor legal persons may be favored by expenses that are alien to the purpose of the association or by disproportionately high remuneration.
(4) Political and religious activities are excluded
§3 Members of the association
Both women and men can be entrusted with all offices and functions resulting from these statutes.
The association consists of:
a) the members of the operational department,
b) the members of the honorary and senior sections,
c) the members of the youth fire brigade,
d) the honorary members,
e) the sponsoring members,
f) the passive members.
§4 Acquisition of Membership
(1) Membership must be applied for in writing to the board and begins on the day of admission. Admission is decided by the board of directors. A refusal must be justified and communicated to the applicant in writing. Within one month, the applicant can apply in writing to the board for a decision to be made by the next general meeting.
(2) Members of the operational, honorary and retirement departments in accordance with the fire brigade statutes of the city of Schwalbach are members of the association.
(3) Members of the youth fire brigade of the Schwalbach fire brigade according to the fire brigade statute of the city of Schwalbach are members of the association.
(4) Natural persons who have rendered special services to the fire brigade can be elected as honorary members. Honorary members are appointed by the general assembly at the suggestion of the board of directors.
(5) Responsible natural and legal persons who want to show their connection to the fire brigade by joining can be accepted as supporting members.
(6) Passive members are persons who were passive members of the Schwalbach am Taunus volunteer fire brigade before December 31, 1974.
§5 Termination of Membership
(1) Membership can be terminated in writing at the end of the financial year with a notice period of three months.
(2) Membership also ends through expulsion from the association. The exclusion can be pronounced if a member violates the interests of the association. The Board of Directors decides on the exclusion. Complaints to the Executive Board against this decision are permissible. The General Assembly decides on the complaint. Membership is suspended until their decision.
(3) Expulsion from the youth fire brigade, the operational department or the honor and seniors department leads to resignation from the association.
(4) If you leave the youth fire brigade, the operational department or the honorary and senior citizen department, membership can be continued as a supporting member of the association.
(5) Honorary membership can be revoked by the General Assembly.
(6) In all cases, the person to be excluded is to be heard beforehand. The exclusion must be justified in writing.
(7) Membership ends with the death of the member. Upon request, membership can be continued by a surviving partner in the event of death, while retaining the membership years.
§ 6 Rights and duties of the members
(1) The members have the right to participate within the framework of these statutes. You are entitled to professional advice from the association within the scope of its possibilities.
(2) Members are free to participate in association events.
(3) The members are obliged to support the association in carrying out its tasks.
§7 Means
(1) The means to achieve the purpose of the association are raised:
a) through annual membership fees, the amount of which is to be determined by the general assembly,
b) through voluntary donations,
c) through grants from public funds.
(2) The membership fee is to be paid by June 30 of a calendar year or when joining the association.
(3) The members of the honorary and senior sections as well as the members of the youth fire brigade are exempt from the membership fee.
§8 Bodies of the association
The organs of the association are:
a) general assembly,
b) Board of Directors.
§9 General Assembly
(1) The general meeting is made up of the members of the association and is the supreme decision-making body.
(2) The members of the youth fire brigade hold their own general meeting according to their valid youth regulations. The interests of the members of the youth fire brigade are represented by the youth fire brigade warden in the general assembly
.
(3) The general meeting is chaired by the chairman of the association or, if he is unable to attend, by his representative. It is to be convened at least once a year by the chairman of the association or, if he is unable to do so, by his representative with a 14-day notice in the local press, announcing the agenda decided by the board of directors.
(4) Applications and additions to the agenda must be communicated in writing to the chairman of the association no later than 5 days before the general meeting. They will be placed on the agenda if at least 10 members agree at the beginning of the meeting.
(5) At the written request of at least one third of those entitled to vote, the board of directors must convene an extraordinary general meeting within four weeks. The agenda items to be dealt with must be specified in the application.
§10 Tasks of the General Assembly
The tasks of the General Assembly are:
a) Advice and decision-making on submitted applications,
b) the election of the composition of the board of directors,
c) Determination of membership fees,
d) Approval of the annual accounts,
e) Discharge of the board and the accounting officer,
f) Election of the three cash auditors,
g) election of honorary members,
h) decision on the complaint of members against exclusion from the association,
i) Resolution on the dissolution of the association,
j) passing resolutions on amendments to the Articles of Association.
§11 Rules of Procedure for the General Assembly
(1) The general meeting has a quorum regardless of the number of members present, provided that the general meeting has been duly invited.
(2) The General Assembly decides with a simple majority of the votes cast. A tie means rejection. Amendments to the statutes require a two-thirds majority of the votes cast and can only be decided if at least a quarter of the members are present at the general meeting. Voting is always open. The General Assembly can decide to vote secretly with a simple majority upon application.
(3) Members are entitled to vote if they have reached the age of 17.
(4) The chairman of the association, the deputy chairman, secretary, treasurer and press spokesman are elected secretly. The person who gets the most votes from those present is elected.
(5) Minutes must be taken of the general meeting. Their correctness is to be certified by the respective minute taker as well as by the chairman of the meeting. The recorder is the secretary. If you are unable to attend, a minute taker will be elected by the general assembly.
(6) Any member may request that their contributions to the meeting be included in the minutes.
(7) If the general meeting does not have a quorum, a new general meeting can be convened after at least 14 days, in which the quorum is given regardless of the number of voters.
§12 Board of Directors
(1) The board of directors consists of the members of the fire brigade committee according to the statutes for the volunteer fire brigade of the city of Schwalbach (Ts.) in the currently valid version. At the request of at least one third of the members, up to two further members who have reached the age of 18 can be elected to the board with the votes of the majority of the members present at the general assembly.
(2) The General Assembly elects from among the members of the Executive Board
a) the chairman,
b) the deputy chairman,
c) the secretary,
d) the treasurer,
e) the spokesman
for a period of 5 years.
(3) All other board members are assessors for a period of 5 years.
(4) However, the members of the board remain in office until their successors have been elected by the general assembly.
(5) The board of directors must inform the members at least once a year about the affairs of the association.
(6) The chairman, or his deputy if he is unable to attend, invites to and chairs board meetings. Minutes must be taken of the resolutions and recommendations, which will be approved by the Board of Directors at the following meeting. The chairman can invite other people to the board meeting if he deems this necessary due to special items on the agenda (advisers). Non-members can also be invited as advisors. Advisors do not have voting rights.
(7) The Executive Board decides with a majority of votes. In a tie vote, the Chairman shall be decisive.
(8) If a board member resigns during the term of office, the next general assembly will hold a supplementary election for the remainder of the board's term of office. In the meantime, his duties will be performed by another board member.
(9) The board of directors carries out traditional honoring of the members of the association.
§13 Management and Representation
(1) The board of directors manages the business of the association on a voluntary basis according to the resolutions and guidelines of the general meeting.
(2) The chairperson or the deputy chairperson represent the association in and out of court. Each of them has the sole right of representation.
(3) Internally, it is determined that the deputy chairman may only exercise his powers of representation if the chairman is unable to do so.
(4) The financial year is the calendar year.
§14 Accounting
(1) The cashier is responsible for the proper execution of cash transactions.
(2) He may only make payments if the chairman or, if he is unable to attend, his deputy has issued a payment order in writing.
(3) Accounts must be kept of all income and expenditure.
(4) At the end of the financial year, he submits an account to the cash auditors.
(5) The cash auditors check the cash transactions and report to the annual general meeting.
§15 Funeral
(1) At the funerals of members of the old age and operational department, the youth fire brigade and honorary members in the cemeteries in Schwalbach am Taunus, everyone who has been given a dress uniform must take part in the funeral ceremonies. As long as a music band is available, the association will provide it for these funerals.
(2) The members of the operational department as well as the honor and seniors department are invited in writing by the board to the funeral service. The e-mail corresponds to the written form.
(3) If the costs for a funeral can no longer be borne by the association's treasury, they will be passed on to all members of the age and deployment department. The contribution to be borne by everyone is to be paid into the association's treasury within four weeks after the funeral
§16 Dissolution
(1) The association is dissolved if at least four fifths of the members are represented in a general meeting convened for this purpose and the dissolution is decided with three quarters of the votes cast.
(2) If the general meeting does not have a quorum, a new general meeting can be convened after one month, in which the resolution to dissolve the association is passed with a majority of three quarters of the voters present, regardless of the number of those entitled to vote. In the second summons, special reference must be made to this provision.
(3) If the association is dissolved or its previous purpose ceases to exist, the association's assets pass to the city of "Schwalbach am Taunus", which must use them directly and exclusively for charitable purposes of the municipal institution "voluntary fire brigade".
§17 data protection clause, processing of personal member data
(1) The association may store, change, process and delete the personal data of the members for its own purposes from this statute in accordance with the provisions of the European General Data Protection Regulation (GDPR) (Art. 6 Para. 1 (b) GDPR).
(2) The member receives the relevant data protection information within the meaning of the GDPR upon joining the association.
(3) The transmission of stored data within the association and to the relevant associations with which the association cooperates to carry out its tasks is only permitted to persons who are entrusted with offices in accordance with these statutes and who have to carry out corresponding tasks.
(4) The treasurer may transmit the necessary data to a bank in order to enable the association's payment transactions
(5) Data of the supervised member groups may be transmitted to the persons working in the association within the scope of fulfilling the statutory tasks.
(6) The association is entitled to take photographs of association members within the meaning of the association's purpose in accordance with § 2 and to publish them, unless the member expressly declares his objection to this in writing to the association's board of directors.
(7) In connection with the assertion of a minority request pursuant to Section 37 of the German Civil Code in conjunction with Section 9 (5) and Section 12 (1) of the Articles of Association, the member asserting the minority request must be given the list of members he/she is requesting within three weeks of receipt of the to be handed over at the request of the member. With his request for information, the member must submit a written data protection assurance to the association to the effect that the desired list of members will only be used in connection with the assertion of the minority request (Article 6 (1) (f) GDPR).
(8) Exceptions require a resolution of the General Assembly, which must take the provisions of the GDPR into account.
§18 Effective Date
(1) These statutes come into force on the day after the resolution has been passed by the general assembly.
(2) At the same time, the statutes of September 5th, 2008 with their changes for the volunteer fire brigade of the city of Schwalbach am Taunus are no longer in force.
The present association statutes were adopted by the general meeting of the volunteer fire brigade of the city of Schwalbach am Taunus on May 3rd, 2019.
The board