Stand März 2022
 

Gerenral terms and conditions

​

STATUTES

of the Association Verein Erhaltung Fluggebiet Zwölferhorn

 

1. Name, registered office and field of activity

 

1.1. The club bears the name "Verein Erhaltung Fluggebiet Zwölferhorn".

1.2. It is based in St-Gilgen am Wolfgangsee and extends its activities to Austria, in particular to the St. Gilgen am Wolfgangsee area.

1.3. The establishment of branch associations is not intended.

 

2. Purpose

 

The association, whose activity is not aimed at profit, aims

- the promotion, maintenance and organization of public, non-commercial flight operations for hang gliders and paragliders, especially in the Zwölferhorn and St. Gilgen flight areas on Lake Wolfgang

- making the take-off and landing sites accessible to the public, particularly in the Zwölferhorn flight area, for non-commercial hang-gliding and paragliding flights

- the expansion of take-off and landing options, particularly in the Zwölferhorn flight area

- Cooperation with property owners and operating and owner companies of lift and f loor

- Passing on knowledge and experience

- Implementation and development of projects to create launch and landing sites for hang gliders and paragliders

- Meetings and meetings to coordinate club interests

participation in events

- Creation of the conditions for the exercise of the purpose of the association

- Participation in public events

- National and international journalistic activities, as well as designing a website, issuing newsletters, club magazines, publications and newsletters

public relations

- Lectures, meetings, discussion evenings, seminars, workshops, conferences, webinars

- If necessary, the association can use third parties (vicarious agents) to pursue its purposes (and act as vicarious agents themselves) if it is ensured by a (contractual) agreement that their work can be viewed as the work of their own association and the non-profit status is not endangered according to the provisions of tax law.

 

3. Means to achieve the purpose of the association

 

3.1. The purpose of the association is to be achieved through the idealistic and material means listed in paragraphs 2 and 3.

3.2. Serve as ideal means

a) Cultivation and practice of hanging and paragliding sports in all areas for all ages and skill levels.

b) Intellectual and technical education as well as training in the field of sport through training courses and competitions.

c) Lectures and meetings.

d) publication of newsletters.

e) Establishment of a specialist library.

f) Construction of take-off and landing sites for hang gliders and paragliders.

3.3. The necessary material resources are to be raised by

a) Entry fees and membership fees

b) Donations, subsidies, collections, legacies and other donations (sponsorship i ncome)

c) Proceeds from events and the association's own activities

d) Operation of gastronomic facilities

e) Income from the rental of advertising space and cooperation

f) Random winnings from sporting events

g) sports shilling

h) sponsor contributions

i) Public grants

j) ownership and possession of real estate

 

4. Membership Types

 

4.1. Members of the association are divided into ordinary, extraordinary and honorary members.

4.2. Ordinary members are those who participate fully in the association's work. Extraordinary members are those who promote the activities of the association primarily by paying an (annual) membership fee / daily membership. Honorary members are persons who are appointed for special services to the association.

 

5. Acquisition of Membership

 

5.1. All natural persons, as well as legal persons and partnerships with legal capacity, can become members of the association.

5.2. The Executive Board decides on the admission of ordinary and extraordinary members. The recording can be refused without giving reasons.

5.3. Honorary members are appointed by the General Assembly at the request of the Executive Board.

 

6. Termination of Membership

 

6.1. Membership expires through death, in the case of legal persons and partnerships with legal capacity through loss of legal personality, through voluntary resignation and through exclusion, as well as upon expiry of the daily or (annual) membership at the end of the association year and/or non-payment of the membership fee.

6.2. A ordinary member can only resign at the end of the association year, i.e. the calendar year. It must be communicated to the Executive Board in writing at least 3 months in advance. If notification is delayed, it will only take effect on the next departure date. The date of posting is decisive for the timeliness.

6.3. The Executive Board can exclude a member if, despite two written reminders setting a reasonable grace period, the member is more than six months in arrears with the payment of membership fees. The obligation to pay the membership fees that have become due remains unaffected.

6.4. The board of directors can also expel a member from the association because of a gross violation of other member duties and because of dishonorable conduct.

6.5. The withdrawal of honorary membership can result from the reasons set out in item 6.4. The reasons mentioned above can be decided by the General Assembly on the proposal of the Executive Board.

 

7. Rights and Obligations of Members

 

7.1. The members are entitled to take part in all events of the association and to claim the facilities of the association. Only the ordinary members are entitled to vote in the General Assembly as well as the active and passive right to vote.

7.2. Each member is entitled to demand that the board hand over the articles of incorporation.

7.3. At least one tenth of the ordinary members can request the Board to convene a General Assembly.

7.4. The ordinary members are to be informed by the board of directors about the activities and financial management of the association at each general assembly. If at least one tenth of the ordinary members request this, stating the reasons, the Executive Board must provide the members concerned with such information within four weeks.

7.5. Ordinary members are to be informed by the Executive Board about the audited f inancial statements (accounting). If this happens in the General Assembly, the auditors must be involved.

7.6. The members are obliged to promote the interests of the association to the best of their ability and to refrain from doing anything that could damage the reputation and purpose of the association. They have to observe the association's statutes and the resolutions of the association's bodies. Ordinary and extraordinary members are obliged to pay the admission fee and the membership fees in the amount decided by the general assembly on time.

 

8. Association organs

 

The organs of the association are the general assembly (items 9 and 10), the board of directors (items 11 to 13), the auditors (item 14) and the arbitral tribunal (item 15).

 

9. General Assembly

 

9.1. The general assembly is the "members' assembly" within the meaning of the Associations Act 2002. An ordinary general assembly takes place at least every 5 years.

9.2. An Extraordinary General Assembly will be held at

a) Resolution of the Board of Directors or the ordinary General Assembly,

b) Written request from at least one tenth of the ordinary members,

c) request of the auditors (§ 21 para. 5 first sentence VereinsG),

d) Resolution of the auditor(s) (§ 21 Para. 5 second sentence VereinsG, Item 11.2. third sentence of these statutes),

e) Resolution of a court-appointed curator (point 11.2. last sentence of these statutes)

take place within four weeks.

9.3. All ordinary members are to be notified at least two weeks before the date of the ordinary and extraordinary General Assemblies in writing, by fax or email or another agreed electronic communication platform (to the fax number or email provided by t he member to the association). address etc.) to invite. The General Assembly must be called, stating the agenda. The convocation is made by the Board of Directors (item 9.1. and item 9.2. lit. a - c), by the auditor (item 9.2. lit. d) or by a court- appointed curator (item 9.2 lit. e ).

9.4. Motions for the General Assembly must be submitted to the Executive Board in writing, by fax or email or another agreed electronic communication platform at least three days before the date of the General Assembly.

9.5. Valid resolutions – with the exception of those relating to a request to convene an extraordinary general assembly – can only be passed on the agenda.

9.6. All ordinary members are entitled to participate in the General Assembly. Only ordinary members are entitled to vote. Each member has one vote. The transfer of voting rights to another member by means of a written authorization is permissible.

9.7. The General Assembly has a quorum regardless of the number of those present.

9.8. The election of board members and the auditors must be unanimous, while other resolutions in the general assembly usually take place with a simple majority of the valid votes cast. However, resolutions with which the statute of the association is to be changed or the association is to be dissolved require a qualified majority of two thirds of the valid votes cast.

9.9. The General Assembly is chaired by the President, or if he/she is unable to do so, by his/her deputy. If this person is also unable to attend, the oldest member of the Board present in years shall preside.

10. Duties of the General Assembly

The following tasks are reserved for the General Assembly:

a) Resolution on the estimate;

b) Receipt and approval of the statement of accounts and the balance of accounts with the involvement of the auditors;

c) Election and dismissal of the members of the Board of Directors and the auditors;

d) Approval of legal transactions between the auditors and the association;

e) Discharge of the Executive Board;

f) Determination of the amount of the entry fee and the membership fees for ordinary and extraordinary members;

g) Granting and revoking honorary membership;

h) Passing resolutions on changes to the statutes and the voluntary dissolution of the association;

i) Advice and decision-making on other issues on the agenda.

 

11. Board of Directors

 

11.1. The board consists of at least four members, namely the president and deputy, secretary and treasurer.

11.2. The Board of Directors is elected by the General Assembly. If an elected member resigns, the Executive Board has the right to co-opt another eligible member in his place, for which subsequent approval must be obtained at the next General Assembly. If the board of directors fails at all or for an unforeseeably long time without self-supplement through co-opting, each auditor is obliged to immediately convene an extraordinary general assembly for the purpose of electing a new board of directors. If the auditors are also unable to act, every ordinary member who recognizes the emergency situation must immediately apply to the competent court for the appointment of a curator, who must immediately convene an extraordinary general assembly.

11.3. The term of office of the Management Board is 5 years; Re-election is possible. Every function on the Board of Directors must be exercised personally.

11.4. The Executive Board is convened in writing or orally by the President or, if his/her deputy is unable to do so. If this person is also prevented from attending for an unforeseeably long time, any other board member may convene the board.

11.5. The Board of Directors has a quorum when all of its members have been invited and at least half of them are present.

11.6. The Executive Board takes its decisions with a simple majority of votes; in the event of a tie, the chairperson has the casting vote. Exceptions to this are resolutions on the admission of full members, which must be passed unanimously. The same applies to the admission of extraordinary members who practice or intend to practice a commercial/commercial activity, as well as resolutions on the refusal of an approved commercial/commercial activity.

11.7. The President chairs the meeting, or if he/she is unable to do so, his/her deputy. If this person is also unable to attend, the chairmanship is incumbent on the oldest member of the board present or that member of the board who is determined by a majority of the other board members.

11.8. Apart from death and expiry of the term of office (paragraph 3), the function of a board member expires through dismissal (item 11.9.) and resignation (item 11.10.).

11.9. The General Assembly can dismiss the entire Board or individual members at any time. The dismissal comes into effect with the appointment of the new board or board member.

11.10. The board members can declare their resignation in writing at any time. The declaration of resignation is to be addressed to the board of directors, in the case of the resignation of the entire board of directors to the general assembly. The resignation only becomes effective when a successor is elected or co-opted (item 11.2).

 

12. Responsibilities of the Board of Directors

 

The Board of Directors is responsible for the management of the association. It is the "management body" within the meaning of the Associations Act 2002. It is responsible for all tasks that are not assigned to another body of the association by the statutes. The following matters in particular fall within his sphere of activity:

 

12.1. Setting up an accounting system that meets the requirements of the association with ongoing recording of income/expenditure and keeping a list of assets as a minimum requirement;

12.2. Preparation of the annual budget, the statement of accounts and the financial statement;

12.3. Preparation and convening of the General Assembly in the cases of item 9, 9.1. and 9.2. lit. a – c of these statutes;

12.4. Informing the members of the association about the association's activities, the association's business and the audited financial statement;

12.5. management of the association's assets;

12.6. Admission and exclusion of ordinary and extraordinary members of the association;

12.7. Admission and dismissal of employees of the association.

 

13. Special obligations of individual board members

 

13.1. The President manages the day-to-day business of the association. The secretary supports the president in managing the association's business.

13.2. The President represents the association externally. Written copies of the association require the signatures of the president and/or his/her deputy and another board member to be valid. Legal transactions between board members and the association require the approval of another board member.

13.3. Legal powers of attorney to represent the association externally or to sign for it can only be granted by the persons listed in Item 13.2. named board members.

13.4. In the event of imminent danger, the President is entitled to issue orders independently and under his/her own responsibility, even in matters that fall within the sphere of action of the General Assembly or the Board of Directors; internally, however, these require subsequent approval by the responsible association body.

13.5. The President chairs the General Assembly and the Board of Directors.

13.6. The secretary keeps the minutes of the General Assembly and the Board of Directors.

13.7. The treasurer is responsible for the proper financial management of the association.

13.8. If the President is unable to attend, his/her deputies, the Secretary or the Treasurer shall take the place of the President in the following order.

 

14. Auditors

 

14.1. Two auditors are elected by the General Assembly for a period of 5 years. Re- election is possible. The auditors may not belong to any body - with the exception of the General Assembly - whose activities are the subject of the audit.

14.2. The auditors are responsible for the ongoing business control and the examination of the financial management of the association with regard to the correctness of the accounting and the use of the funds in accordance with the statutes. The Executive Board must submit the necessary documents to the auditors and provide the necessary information. The auditors must report the results of the audit to the board of directors.

14.3. Legal transactions between auditors and the association require the approval of the general assembly. For the rest, the provisions of item 11.8 apply to the auditors. until 11.11.10 accordingly.

 

15. Arbitration

 

15.1. The association's internal arbitration board is called upon to settle all disputes arising from the association's relationship. It is an "arbitration institution" within the meaning of the Associations Act 2002 and not an arbitration court according to §§ 577 ff ZPO.

15.2. The arbitral tribunal consists of three full members of the association. It is formed in such a way that a disputed party nominates a member as an arbitrator to the board in writing. At the request of the board of directors within seven days, the other party to the dispute names a member of the arbitral tribunal within 14 days. After notification by the board of directors within seven days, the nominated arbitrators elect a technically competent person, who does not have to be a full member, to chair the arbitral tribunal within a further 14 days. With equality of votes among t hose proposed lots. The members of the arbitral tribunal may not belong to any body - with the exception of the General Assembly - whose activities are the subject of the dispute.

15.3. The arbitral tribunal makes its decision by a simple majority of votes after both parties have been granted a hearing in the presence of all its members. It decides t o the best of my knowledge and belief. Its decisions are final.

 

16. Voluntary dissolution of the association

 

16.1. The voluntary dissolution of the association can only be decided in a general assembly and only with unanimity of the valid votes cast.

16.2. This general meeting also has to decide on the settlement – ​​if the association has assets. In particular, it must appoint a liquidator and make a decision as to who is to transfer the remaining association assets after covering the liabilities. As far as this i s possible and permitted, this property should go to an organization that pursues the same or similar purposes as this association, otherwise for social welfare purposes.