Club Statutes
Statutes of Surf Club München
Section 1 — Name and registered office of the club
(1) The club bears the name “Surf Club München”. It is to be entered in the register of associations and will then bear the suffix “e.V.”.
(2) The club has its registered office in Munich.
(3) The financial year is the calendar year.
Section 2 — Purpose and values
(1) The club exclusively and directly pursues charitable purposes within the meaning of the section “Tax-privileged purposes” of the German Fiscal Code. The purpose and task of the club is to promote sport and culture. The club acts altruistically and does not primarily pursue its own economic interests.
(2) The purpose of the Statutes is realised in particular through:
(a) promoting sporting performance and activities, particularly river surfing;
(b) holding regular training sessions for club members, particularly children and young people;
(c) organising sporting events, tournaments and competitions;
(d) representing the surfers at the Eisbach wave, known as e1, externally, in particular in dealings with the City of Munich, the Free State of Bavaria and their bodies;
(e) developing and preserving the surfability of natural waves, particularly Munich’s Eisbach wave, known as e1, with special regard to permanent, free and unrestricted access for skilled and experienced surfers;
(f) preserving, developing and promoting Munich’s surf culture, which has grown over decades and represents the global birthplace of river surfing, with special regard to the physical and personal development of young members in the spirit of Munich surf culture.
(3) The club is neutral in matters of ideology, party politics and religion. The club offers children, young people and adults a sporting home regardless of origin, skin colour, belief, gender, sexual orientation or social status.
Section 3 — Rules of procedure and club assets
(1) Rules of procedure governing the club’s bodies and the conduct of general meetings may be adopted by the Executive Board.
(2) The club’s funds may be used only for the purposes set out in the Statutes. No person may benefit from expenditure unrelated to the club’s purpose or from disproportionately high remuneration.
(3) Upon dissolution of the club or termination of membership, members have no claim to the club’s assets.
Section 4 — Membership
(1) The club consists of active members, passive members, supporting members and honorary members.
(2) Any natural person may become a member of the club.
(3) Admission to the club must be applied for in writing or electronically to the Executive Board. Applications for minors must be submitted by their legal representatives. The Executive Board decides on the application at its discretion by a two-thirds majority. As part of the admission procedure, the club may request a simple copy of an identity card or passport. It is not required to provide the applicant with reasons for rejecting an application.
(3) Persons who have rendered special services to the club, sport and surf culture in general may be appointed as honorary members. Appointment must be made by the Executive Board. Honorary membership does not confer voting rights or obligations to pay membership fees.
Section 5 — Termination of membership
(1) Membership of the club ends upon death, resignation or exclusion.
(2) Resignation must be declared to the Executive Board in writing. Resignation may be declared only with three months’ notice to the end of the financial year.
(3) A member may be excluded from the club with immediate effect at any time if the member seriously violates the interests of the club or if another important reason exists. Important reasons include, in particular:
(a) serious violations of the Statutes, club rules and club guidelines;
(b) failure to meet obligations despite a timely reminder and warning of exclusion;
(c) damage to or impairment of the reputation or standing of the club.
(4) The Executive Board decides on exclusion from the club by a two-thirds majority. The person concerned may submit a written or electronic appeal to the Executive Board within 14 days of notification. The appeal against exclusion does not have suspensive effect.
Section 6 — Rights and obligations of members
(1) All members have the right to participate in club life and use the club’s facilities within the framework of the Statutes.
(2) Only adult active members have voting rights at the general meeting.
(3) Every member is obliged to promote the interests of the club, in particular by paying membership fees regularly and, to the extent possible, supporting club life through personal involvement. In each member’s conduct towards the club and its members, the honour and reputation of the club must be the highest priority. Members must follow the instructions of the Executive Board and the executive bodies and committees appointed by it in all club matters.
(4) The fees and other contributions payable by members and the amount of any admission fee are determined by the Executive Board.
Section 7 — Bodies of the club
(1) The bodies of the club are:
(a) the general meeting;
(b) the Executive Board.
(2) Their activities are governed by the Statutes and the procedural rules adopted by the Executive Board. Club and governing-body offices are generally held on an honorary basis unless otherwise provided by these Statutes.
(3) Where required, club and governing-body offices may be performed for remuneration on a contractual basis or in return for an expense allowance.
(4) The Executive Board decides on paid club activities under paragraph (3). The same applies to contractual terms and termination. The general meeting is responsible for decisions regarding reasonable paid activities of the Executive Board.
(5) The Executive Board is authorised to commission activities for the club against reasonable remuneration or an expense allowance.
(6) Further details may be regulated in financial rules adopted and amended by the Executive Board.
Section 8 — General meeting
(1) The general meeting must be convened no later than six months after the end of the financial year unless objective reasons prevent this. The general meeting is the club’s highest decision-making body. The rights to participate and vote are determined by Section 6 of the Statutes. In accordance with Section 11(3), the general meeting elects the Executive Board. It receives reports from the Executive Board and decides whether to discharge it.
(2) As a rule, the general meeting is held as an in-person event. Where objective reasons exist, the Executive Board may provide for members to participate by electronic communication without being present at the meeting venue, in the form of a hybrid general meeting. Members participating electronically in a hybrid general meeting have voting rights only. If compelling reasons make an in-person or hybrid general meeting impossible or unreasonable, the Executive Board may convene a wholly virtual general meeting. The reasons must be communicated to members together with the notice convening the meeting.
(3) The general meeting is convened in writing or electronically with at least two weeks’ notice before the meeting date and with the agenda stated.
(4) Every club member may submit sufficiently reasoned motions to the Executive Board in writing or electronically no later than one week before the general meeting. The Executive Board decides on the admissibility of motions at its proper discretion.
(5) If the Executive Board intends to reject a motion, it must give the applicant an opportunity to comment before rejection and must state the reasons for the intended rejection. Admitted and rejected motions must be communicated to members at least three days before the general meeting unless they would lead to a resolution contrary to the Statutes or the law, or the reasons for the motion contain manifestly false information or infringe personal rights.
(6) By a two-thirds majority, the general meeting may nevertheless admit rejected and announced motions for debate and resolution.
(7) Motions to amend the Statutes must be communicated to members in the proposed wording. Amendments to the Statutes require a three-quarters majority of the participating members.
(8) Motions submitted only during the meeting may be put to a vote only if the Executive Board agrees to consider them or the meeting resolves by a three-quarters majority to consider them and the subject of the motion is covered by the announced agenda.
(9) An extraordinary general meeting must be convened if the Executive Board so resolves or if ten per cent of the members request it in writing.
Section 9 — Agenda
The agenda of the general meeting must include:
- Report of the President
- Accountability report of the Vice Presidents
- Report of the Treasurer on the annual financial statements
- Discharge of the Executive Board
- In election years: election of the Executive Board
- Other business
Section 10 — Conduct of meetings, elections and resolutions
(1) A duly convened general meeting has a quorum regardless of the number of members present and is chaired by the President or by a member of the Executive Board appointed by the President.
(2) Each member entitled to participate and vote has one vote. Voting rights must be exercised in accordance with the form of general meeting under Section 8(2). As a rule, the chair of the meeting determines the method of voting and the counting of votes. Abstentions are recorded but, like invalid votes, are not taken into account when determining the relevant majority. If a secret ballot or election is requested at the meeting, it will take place only if approved by a simple majority.
(3) In all elections, only members who are present at the meeting or who have provided written consent to the proposed election may be nominated. A candidate is elected if they receive an absolute majority of the votes cast. If candidates fail to achieve an absolute majority in the first ballot, a run-off is held between those candidates. The candidates receiving the most votes in the run-off are elected. At the direction of the chair, elections may be conducted as a block vote.
(4) If an elected officer leaves office prematurely, the Executive Board is entitled and obliged to appoint a replacement. The appointment must be confirmed by the next general meeting. This does not apply if the President leaves office. If the President leaves office, an extraordinary general meeting must be convened within four weeks for the purpose of a new election. Outside a general meeting, officers of the Executive Board may be removed only by a majority of three quarters of the votes cast.
(5) Minutes must be prepared for every general meeting, signed by the person taking the minutes and countersigned by the President or a Vice President.
Section 11 — Executive Board
(1) The Executive Board consists of the following members elected by the general meeting:
(a) President;
(b) Vice President;
(c) Treasurer.
(2) The Executive Board adopts its own rules of procedure and determines the allocation of responsibilities.
(3) The members of the Executive Board appointed by the general meeting are elected for two years. They remain in office beyond that term until a new election has taken place.
(4) The members of the Executive Board elected by the general meeting represent the club in and out of court and hold the position of statutory representatives of the club within the meaning of Section 26 of the German Civil Code.
(5) The President represents the club jointly with one other member of the Executive Board.
(6) The Executive Board is responsible for managing the club in accordance with the club’s purpose, tasks and values.
(7) Exempt from the restrictions of Section 181 of the German Civil Code, the Executive Board is authorised to make amendments or additions to the Statutes that are required and appropriate to remedy objections raised by courts or public authorities.
Section 12 — Dissolution of the club
(1) The club is dissolved if an extraordinary general meeting convened for this purpose, with at least 10 per cent of the club’s members present, resolves to dissolve it by a three-quarters majority of the votes cast.
(2) If that meeting does not have a quorum, a further extraordinary general meeting must be convened, which has a quorum regardless of the number of members present. It decides on dissolution by a three-quarters majority.
(3) Upon dissolution of the club, the club’s assets pass to Initiative krebskranke Kinder München e.V.
Section 13 — Exclusion of liability
The club is not liable for damage or loss suffered by members while practising sport, using the club’s facilities, equipment or devices, or attending club events.
Section 14 — Data protection
(1) The club collects, stores and processes members’ data. This may include, in particular:
(a) passport photograph, surname, first name and date of birth;
(b) address, bank details, mobile telephone number and email address;
(c) club role and membership number.
(2) The data is used exclusively to provide members with optimal and comprehensive information, advice and support in all matters serving the sport and culture of surfing. All personal data is protected against access by third parties.
(3) With the consent of all persons shown, the club is entitled to inform regional and national press and other media about sporting events, including by providing images and photographs. With the consent of all persons concerned, this information may also be published on the club’s website. With the consent of the persons concerned, the Executive Board may publicise special events and celebrations in the club together with personal data on the club website, in the club publication, on information boards and in the media.
(4) With the consent of the member concerned, the club is also entitled to transmit personal data held by the club to third parties, in particular higher-level association organisations.
Section 15 — Invalidity of parts of the Statutes
If parts of the provisions contained in these Statutes are invalid, the remainder of the Statutes remains fully effective.