§ 1 Name, location, financial year
- The association founded on 21 January 2014 bears the name “Vereinte Banner e. V.”. It is registered in the register of associations at the district court Hildesheim under no. VR 200870. Place of jurisdiction is Hildesheim.
- The association has its seat in Barienrode (Heinrich-Heine Straße 1B, 31199 Diekholzen).
- The fiscal year is the calendar year.
- The association is politically, ethnically and denominationally neutral.
§ 2 Purpose, tasks, non-profit character of the association
- The association “Vereinte Banner e. V.” pursues exclusively and directly charitable purposes also in the sense of the section “tax-privileged purposes” of the German Tax Code (AO).
- The purpose of the association is the promotion of art and culture, the promotion of traditional customs and the promotion of local history and culture.
- The purpose of the statutes is realized through the realization of events, such as
- the learning of medieval crafts and professions,
- the production of historical costumes and utensils,
- Lectures on medieval knowledge about plants, herbs, food and beverages,
- Lectures on historical background,
- visits to historical sites and exhibitions,
- historical offerings for schools and other recognized educational institutions,
- Events that serve statutory purposes.
- The association is selflessly active; it does not primarily pursue its own economic purposes. The funds of the association may only be used for purposes in accordance with the statutes. The members do not receive any benefits from the funds of the association. No person may be favoured by expenses which are alien to the purpose of the corporation or by disproportionately high remunerations. Volunteers are only entitled to reimbursement of proven expenses.
§ 3 Membership
- The association has the following members :
- Active members
- Funding members
- Youth members
- Honorary members
- Active members are adult members who actively participate in the work of the association. They have all rights and duties. Every active member has one vote, which has to be exercised personally.
- Supporting members can become natural and legal persons. They do not have the right to vote and cannot be elected to the board.
- Youth members are children and adolescents up to the age of 18. They do not have the right to vote and cannot be elected to the board. The election of a youth representative is possible.
- Honorary members are persons who have rendered outstanding services to the association. They are appointed honorary members by the general meeting on the recommendation of the executive committee. Honorary members enjoy the rights of active members without their duties.
§ 4 Acquisition and termination of membership
- The membership application is made in writing to the board and must be signed personally. In the case of minors, the application must be signed by a parent or guardian. The board decides on the application for admission at its own discretion; it is not necessary to inform the applicant of reasons for rejection. A challenge to the general meeting is not possible.
- The membership becomes effective through written notification of the acceptance decision (acceptance).
- On proposal of the board, the general meeting may accept honorary members for life.
- The membership in the association ends by death, resignation, deletion from the membership list or expulsion.
- The resignation has to be declared in writing to the board. The resignation can only be declared with a period of notice of two months to the end of the business year.
- A member can be removed from the membership list by decision of the board if he is more than two months in arrears with the payment of his membership dues or levies and has not paid the arrears despite two written reminders setting a payment deadline of at least four weeks and threatening to be removed from the membership list. The member shall be informed of the decision of the Executive Board to cancel the membership. The same applies if the member is in default with the membership fee according to § 5 No. 4.
- If a member has culpably damaged the reputation or the interests of the association in a serious way, it can be excluded from the association at the request of the executive committee by resolution of the general meeting. The request of the executive committee is to be justified in writing and sent to the member. The member is to be given the opportunity to comment on the reasons for the exclusion at the general meeting. These are to be communicated to him in writing together with instructions at least two weeks in advance.
- The Executive Board is entitled to issue a provisional exclusion to the member for good cause. In this case the rights and duties of the member are suspended until the general meeting. Excluded from this are the existing payment obligations towards the association.
- Upon termination of membership, for whatever reason, all claims arising from the membership relationship shall lapse. Outstanding obligations, in particular outstanding contribution obligations, remain unaffected and are to be settled.
§ 5 Membership fees
- The members are charged annual dues.
- The amount and due date of the annual membership fees are determined by the General Assembly by means of the membership fee regulations proposed by the Executive Board. The openness of the association for the general public is to be considered appropriately. If necessary, the executive board can waive individual contribution obligations in whole or in part by majority resolution; honorary members are always exempt from all contributions.
- For the financing of special projects or for the elimination of financial emergencies, the general meeting may set special allocations.
- New members have to pay the full annual membership fee as well as the admission fee within two weeks after admission.
§ 6 Rights and duties of the members
- The members are obliged to abide by the statutes, the individual rules of the association, as well as other statutory resolutions of the organs of the association.
- Each member has the right to actively participate in the implementation of the association’s purposes and to participate in joint events.
- Every active member and every honorary member has the same right to vote and to be elected in the general meeting according to § 3 No. 2 and No. 5 respectively.
- Each member has the duty to promote the interests of the association, in particular to pay his membership fees regularly and, as far as he is able, to support the events of the association through his cooperation.
- Each active member and every honorary member has the same right within the scope of the association’s purpose to the use of association property as well as to assistance through advice and action, mediated by the executive committee. Supporting members and young members can be granted this claim by approval of the board and can also be withdrawn again. Rooms, equipment and facilities made available by the association are to be treated with care. Damages to the rooms, equipment and facilities made available are to be compensated.
- At an extraordinary meeting for youth members convened by the youth welfare officer, a youth spokesperson may be elected by a majority vote of the youth members present.
- There is no legally enforceable claim to a performance of the offers determined by content. For this reason, no reductions can be made in the payment obligations due to a lack of service.
§ 7 Organs of the association
Organs of the association are the executive committee, youth spokesperson (if elected), the general meeting and banner departments.
§ 7.1 Executive Board
- The board of the association is responsible for the representation of the association according to § 26 BGB and the management of its business. The board consists of
- the liege lord (chairman),
- to the camp master (deputy),
- one Herold/in (Secretary),
- to the treasurer (treasurer).
- The executive committee is responsible for all matters of the association, in particular for
- the convening and preparation of the general meetings including the preparation of the agenda,
- the implementation of resolutions of the general meeting,
- the administration and use of the association’s assets and the preparation of the annual report, the management and use of the association’s assets and the preparation of the annual report, the management and use of the association’s assets and the preparation of the annual report, the preparation of the annual report
- the admission of new members,
- the approval and administration of the banner departments, as well as their banner orders.
- Drawing up and announcement of the goals and direction of the association’s work.
- The appropriate allocation, use and distribution of banner department budgets.
- Exercise of the house right in the area of all real estates and plants of the association.
- Decision on the investment in companies.
- The board supervises the activities in the association and can participate in all meetings and meetings in the association.
- The executive committee is entitled to appoint advisory experts (members or third parties) for certain tasks and to take part in meetings of the association organs, unless objected to by resolution.
- Any active member (or honorary member) of the association who is not under guardianship may become a member of the board of directors. The general meeting elects the board members for a period of three years (beginning with the determination of the election). A block election of the board is not possible.
- The re-election of a member by the general meeting is permissible.
- A board member may be prematurely removed from office by the general meeting with a majority of 2/3 of the voting members present. The respective executive committee remains in office until the election of the new executive committee.
- A member shall remain in office at the end of his normal term of office until his successor is elected. If a member leaves the board prematurely, the remaining members are entitled to elect a member of the association to the board until the successor is elected by the general meeting.
- The Executive Board meets as required. The meetings shall be convened by the liege lord(s), if he/she is prevented from doing so by the camp master, a period of at least one week shall be observed. The agenda need not be announced. The executive committee has a quorum if at least two members are present. The majority of the valid votes cast shall decide on the passing of a resolution. In case of a tie, the vote of the liege lord decides, in case of his absence the vote of the camp master. The decisions of the executive committee are to be recorded promptly. The minutes are to be signed by the liege lord and the herald, or alternatively by another participating member of the board.
- Resolutions of the Board of Directors may also be made in writing (letter or e-mail) or by telephone if all members of the Board of Directors declare their consent to this procedure in writing or by telephone. Board resolutions made in writing or by telephone must be recorded in writing and signed by all board members.
§ 7.2 Youth announcer
The youth speaker represents the interests of the young members. For this purpose, he can inform the executive committee of the concerns of the young members orally or in writing and, if necessary, attend a meeting of the executive committee promptly upon request and present the interests there. The youth speaker can speak at the general meeting on behalf of the young members and have an advisory function.
§ 7.3 General meeting
- The general meeting is the supreme decision-making body of the association and in principle responsible for all tasks, unless certain tasks have been assigned to another organ of the association.
- The General Assembly is responsible for decisions on the following matters:
- Changes to the Articles of Association,
- Dissolution of the club,
- Appointment of honorary members and expulsion of members from the association,
- the election and dismissal of members of the Executive Board,
- the receipt of the annual report and the ratification of the actions of the Management Board, the approval of the annual financial statements and the management report
- the determination of the admission fee and the membership fees, the determination of the membership fees
- Appointment of committees, delegates and auditors,
- Reception of the auditor’s report,
- Resolutions on further rules of the association.
- At least once a year, preferably in the first quarter, the executive committee must call an ordinary general meeting. The convocation takes place in writing (letter, email) under observance of a period of two weeks and under indication of the agenda. The period begins with the day following the date of dispatch. The letter of invitation is deemed to have been received by the member if it is sent to the last email or postal address given in writing by the member to the association.
- The general meeting shall appoint annually an auditor, who shall not be a member of the board of directors or of any committee appointed by the board of directors, to audit the accounts including the annual accounts and to report on the results before the general meeting. The auditor’s term of office ends upon presentation of the audit to the general meeting.
- The agenda is set by the Board of Directors. Every member of the association with voting rights can apply in writing to the board for an addition to the agenda up to one week before the general meeting at the latest. The board decides on the application. The chairman of the meeting has to announce the amendment at the beginning of the general meeting. The general meeting decides on rejected or only in the meeting submitted requests to the agenda with the majority of the votes of the present members; this does not apply to requests, which have a change of the statute, the dissolution of the association or changes of the membership dues to the object.
- The executive committee shall convene an extraordinary general meeting if the interests of the association so require or if a quarter of the members entitled to vote so request in writing, stating the purpose and reasons. If circumstances permit, a notice period of two weeks must be observed and the agenda must be announced with the invitation.
- The general meeting shall be chaired by the liege lord(s), in his/her absence by the camp master(s) and in his/her absence by a chairperson to be elected by the general meeting. In the case of elections, the leadership can be transferred to an election committee for the duration of the election.
- The general meeting has a quorum if at least one quarter of all members entitled to vote are present. If there is no quorum, the executive committee is obliged to call a second general meeting with the same agenda within four weeks. This is quorate regardless of the number of members present. This has to be pointed out in the invitation.
- The type of vote shall be determined by the chairman of the meeting. Voting must be in writing if a member so requests. A simple majority of the valid votes cast is required to pass a resolution. Abstentions are not considered. A three-quarter majority is required to amend the statutes and a nine-tenth majority to dissolve the association. Changes to the purpose of the association require the approval of all members entitled to vote; those who do not appear can only declare this to the executive committee within one month. The period begins with the day following the general meeting.
- Elections to the Management Board shall be by secret ballot. If only one person is nominated for a board office and the nominee is willing to accept the office, the election may be by show of hands. Upon request, a secret ballot must be held. If in elections no candidate is able to win more than half of the valid votes cast by the members present and entitled to vote, a run-off vote shall be held between the two candidates who received the most votes. Run-off elections always take place by secret ballot. With the same number of votes the lot to be drawn by the chairman of the meeting decides.
- A protocol shall be drawn up of the proceedings of the general meeting and the resolutions passed. This is to be signed by the minute-taker and the chairman of the meeting.
§ 7.4 Banner sections
- association members can unite in so-called banner departments under a banner. Banner departments can, for example, represent a motto, a craft or a family. There are two types of banners::
- regular banners
- Family banner
- Each regular banner division shall establish a banner policy which shall be submitted to and approved by the Board of Directors together with the application.
- Each regular banner division shall designate a banner leader to organize the banner and prepare an annual report to the board. The banner rules shall determine how this is determined. Family banners are subject to self-organization and do not have to submit an annual report.
- Each banner leader may attend board meetings upon request. The banner leader may only advise the board at the meeting, but has no voting rights.
- A club member can join any regular banner section. If a member joins more than one banner section, he/she must choose a primary banner.
- Each member of the association can apply in writing to the board for a banner department. The board decides on the application at its own discretion; a notification of reasons for rejection to the applicant is not necessary. A challenge to the general meeting is not possible.
- The funding of banners requested for a banner department must be coordinated with the board of directors. If the costs are to be borne by the association, the board decides on the financing. Banner departments do not possess any independent assets and/or property and cannot acquire or form this through appropriate member administration. <liFamilies who carry a family coat of arms may carry a family banner without applying to the Board of Directors. The costs for family banners are borne by the respective family and are not borne by the association. Members can only join a family banner if a two-thirds majority of the adult members of the family banner who are entitled to carry the respective family coat of arms agree. This agreement can be revoked at any time without giving reasons with a two-thirds majority of the adult members of the family banner who are entitled to carry the respective family coat of arms. A challenge to the general meeting is not possible.
- The banner departments receive advances, which are to be settled with vouchers, in order to cover their earmarked expenses for current operations, these are only expenses within the scope of the budget approved by the board. At the latest to 15.1. of a year an account is to be provided. The banner departments are entitled to administer the budget granted to them by the executive committee in their own responsibility and to decide freely on expenditures up to 500 € per procedure. Donations, additional contributions or other financial means which are earmarked for a banner department flow to the banner department in full. Commitments may only be made up to the amount of the budget within a fiscal year. Budget overruns as well as obligations with effect in the following financial years require the approval of the board of directors.
§ 8 Club rules
The association is committed to the regulation of the internal processes of association life. These are not part of these statutes and are therefore not registered in the register of associations. The association rules may not contradict the statute. The general meeting is generally responsible for enacting, amending and repealing the rules of an association, unless a different provision is made elsewhere in these statutes (e.g. banner rules). Association rules can be e.g. contribution rules, banner rules, general camp rules. The association rules are available on request from the board or on the official website of “Vereinte Banner e. V.”.
§9 Limitation of liability
- The association, its organ members and the persons acting on behalf of the association in the interest of and for the purposes of the association are not liable vis-à-vis the members for damages or losses caused by negligence which members suffer in the course of the operation of the association, the use of facilities or equipment of the association or at events, insofar as such damages or losses are not covered by the insurances of the association. Insofar as insurance cover exists under this provision, § 31a Para. 1 S. 2 BGB shall not apply.
- If the persons according to paragraph 1 are held liable by third parties in an external relationship without intent or gross negligence, they have a claim against the association for reimbursement of their expenses to defend the claims and for indemnification from the claims of third parties.
§ 10 Privacy statement
- With the entry of a member the association takes up the following
- date of birth,
- E-Mail address,
- telephone number,
- mobile phone number,
- bank details.
- the club’s own EDP system or
- in the IT systems of the liege lord (chairperson), the camp master (deputy), the herald (secretary) and/or the treasurer (treasurer)
Each club member is assigned a membership number. The personal data are protected by suitable technical and organizational measures against the knowledge of third parties.
- Other information and information about non-members will only be processed internally by the association if it is useful for the promotion of the purpose of the association (e.g. storage of telephone and fax numbers of individual members) and if there is no indication that the data subject has an interest worthy of protection which stands in the way of processing.
- Press work
The association informs
- the daily press as well as
- Technical journals (e.g. Karfunkel)
This information is also currently published on the association’s website.
- first name and name
- year of birth
- Forwarding of membership data to club members
The board of directors announces special events of the club life, in particular the execution and the results of tournaments as well as ceremonies on the website of the club. Personal member data can be published. The individual member can contradict such a publication at any time opposite the executive committee. In the event of an objection, no further publication will be made with regard to the opposing member, with the exception of club tournament results.
Member directories will only be handed over to board members and other members who exercise a special function in the club which requires the knowledge of the member data. If a member asserts that he needs the membership list in order to exercise his statutory rights, the board will only hand over the list against written assurance that the addresses will not be used for other purposes.
- Data transmission to organizer
If an organizer of events requests a list of participants, the following personal data will be transmitted:
- first name and name
- year of birth
- On resignation, the member’s name, address and year of birth are deleted from the member list. Personal data of the resigning member relating to the administration of the funds will be kept for up to ten years in accordance with the provisions of tax law from the date of written confirmation of the resignation by the Executive Board. They will be blocked.
§ 11 Statute amendment
amendments to the Articles of Association that are required by supervisory, court or tax authorities for formal reasons may be made by the Management Board on its own initiative. These statute changes must be communicated to all club members in writing as soon as possible.
§ 12 Dissolution, termination for other reasons, discontinuation of tax-privileged purposes
- The dissolution of the association can only be decided by the general meeting with the majority of votes specified in § 7.3 (9). Unless the general meeting decides otherwise, the liege lord and the camp master are jointly authorized liquidators. The above regulations apply accordingly in the event that the Association is dissolved for any other reason or loses its legal capacity.
- If the association is dissolved or tax-privileged purposes cease to apply, the assets of the association shall be transferred to the community of Diekholzen, which shall use them directly and exclusively for charitable purposes.
§ 13 Effective date
These statutes have been adopted in their present form by the general meeting of the association on 13.01.2019 and will come into force on this day.
- Hauke Bensch
- Christina Jörns
- Judith Müller-Reichert
- Johanna Frisch
- Esther Bensch
- Manfred Bensch
- Wiebke Bensch
- Astrid Britta Bräker
- Klaus Haßfeld
- Rosemarie Schmeier †