Supplement for association statutes
1. Name, seat and area of activity
1.1 The club bears the name “Sportverein Aufschlag Wien”.
1.2 It is based in Vienna and extends its activities throughout Austria.
1.3 The association can be divided into sections.
1.4. The association is committed to the basic values enshrined in its mission statement. Respect, tolerance and fair play are among the most important foundations.
1.5 The association is committed to doping-free sport in all sections. All members must comply with the respective provisions and obligations of the National Anti-Doping Agency and the Federal Anti-Doping Act. Members who do not comply with these obligations must be excluded from the association by the board.
2. Association purpose
The activities of the association are non-profit and not for profit. The purpose of the association
(a) sports activities where lesbian, gay, bisexual, transgender, intersex and queer people feel welcomed and accepted;
(b) the promotion of grassroots sport in various sports. This includes, among other things, offering sports opportunities for people who have not played team or club sports before;
(c) training, education and training in various sports;
(d) public relations for the concerns of LGBTIQ people involved in sports;
(e) promoting club members' participation in local, national and international tournaments and championships.
3. Means to achieve the purpose of the association
3.1 The purpose of the association should be achieved through sports offers, organized tournament participation, participation and/or membership in supra-regional or international sports or trade associations, community-promoting activities and through efforts to contribute to the equality and visibility of diverse ways of life and love in society.
3.2 The necessary material resources are raised through membership fees, participation fees, income from events, donations, sponsorships, collections, subsidies and legacies.
4. Membership types
4.1 The members of the association are divided into ordinary, extraordinary and supporting members.
4.2 Ordinary members are those who fully participate in the work of the association. They can participate in sports activities offered by the association provided that they meet the minimum sporting skill requirements set for the respective sports offer.
4.3 Extraordinary members differ from ordinary members only in that they have no voting rights in the general meeting and cannot be elected to association functions.
4.4 Supporting members are those who promote the association's activities by paying an increased membership fee.
5. Acquisition of membership
5.1 All physical persons who are committed to respecting and promoting the purpose of the association can become members of the association.
5.2 Legal entities may become supporting members.
5.3 The acceptance of members is decided by the individual sections or their management and, in exceptional cases and disputes, by the Executive Board. The applicant may be rejected by the Board of Directors without giving reasons. However, the reasons for the rejection must be given to the next general meeting and can be overturned by it. (see point 10i)
6. Termination of membership
6.1 Membership expires upon death, in the case of legal entities due to loss of legal personality, voluntary resignation or expulsion.
6.2 The resignation is effective through written information to the respective section management or the board of directors.
6.3 Membership expires automatically as soon as the member is more than six months in arrears with payment of contributions. The obligation to pay the membership fees that have become due remains unaffected.
6.4 The expulsion of a member from the association may also be provisionally decreed by the Board due to gross violation of other membership obligations and due to dishonorable conduct. Such an exclusion becomes final when confirmed by the next general meeting.
7. Members' rights and obligations
7.1 Members are entitled to participate in all events offered by the association for them and to use the club's facilities, provided that they meet the minimum sporting skill requirements set for the respective event. The board or the responsible section head may exclude any member from participating in individual events if sporting ability is insufficient or if the board or the responsible section head suspects that the physical integrity of the member or third parties is at risk. There are various categories of membership, which differ in the scope of events offered.
7.2 All ordinary members have the right to vote in the General Assembly as well as the right to vote and stand as a candidate.
7.3 The members are obliged to promote the interests of the association to the best of their ability and to refrain from anything that could damage the reputation and purpose of the association. They must comply with the association statutes and the resolutions of the association bodies. Members are required to pay the membership fee and membership fees on time in the amount decided by the General Assembly. Membership fees must be paid by existing members up to two months after the start of the semester. Members who join during the semester must pay their membership fees by the end of the respective semester. If a member is more than one month late with his membership fee, his rights are suspended until the outstanding contributions have been paid. Ordinary members who temporarily do not participate in the operation of the relevant section must pay the basic membership fee for the relevant semester. The members concerned must inform the section manager and the cashier of their wish for basic membership at the beginning of the semester. The amount of the basic membership fee, like the other contributions, is determined by the General Assembly.
7.4 All members must inform the association of changes to the email address. All members can revocably declare to the Board that they permit the transfer of personal data to other members of the association and/or to third parties. In the absence of such an explanation, personal data will not be passed on and will only be available to members of the Executive Board.
8. Association bodies
The organs of the association are the general meeting (items 9 and 10), the board (items 11 to 13), the auditors (point 14) and the arbitral tribunal (point 16).
9th General Assembly
9.1 The Annual General Meeting is held annually in the first quarter.
9.2 An extraordinary general meeting takes place within four weeks at the decision of the Executive Board, the ordinary general meeting or at the written request of at least one fifth of the ordinary members or at the request of the auditors.
9.3 All members must be invited to all general meetings via e-mail at least two weeks before the appointment. The General Assembly must be convened together with the agenda. The meeting is convened by the Executive Board.
9.4 Motions to supplement the agenda of the General Assembly must be received by the Board via email at least three days before the date of the General Assembly. Requests to amend the articles of association must be received by the Board of Directors at least two weeks before the General Assembly.
9.5 Valid decisions — with the exception of those concerning a request to convene an extraordinary general meeting — can only be adopted on the agenda.
9.6 All members are eligible to attend the General Assembly. Only ordinary members are entitled to vote. Each member has one vote. Ordinary members may delegate their voting rights to another regular member by means of written authorization. A maximum of two transfers of voting rights per member are possible.
9.7 The General Assembly has a quorum when half of all voting members or their representatives (point 9.6) are present. If the General Assembly does not have a quorum at the appointed time, the General Assembly will be held 15 minutes later with the same agenda, which has a quorum regardless of the number of people present.
9.8 Elections and resolutions in the General Assembly are carried out by a simple majority of votes (majority of valid votes). In the event of a tie, a motion is considered rejected. Resolutions intended to amend the statute of the association or dissolve the association require a qualified majority of two thirds of the valid votes cast.
9.9 The General Assembly is chaired by the President, in his absence by the Vice President and, in his absence, by the Secretary. If this person is also prevented from attending, the oldest member of the Board present in years chairs the chair.
10. Responsibilities of the General Assembly
The following tasks are reserved for the General Assembly:
a) Receipt and approval of the financial report and financial statements;
b) Deciding on the estimate;
c) Election, appointment and removal of members of the Executive Board and the auditors; approval of legal transactions between members of the Board and auditors with the Association;
d) Discharge of the Executive Board;
e) setting the amount of the membership fee and fees;
f) Deciding on amendments to the Statutes;
g) Decision-making on the voluntary dissolution of the association;
h) Decision to establish, amend or dissolve sections of associations;
i) Confirmation of the expulsion of members and decision to cancel the rejection of applications for membership;
j) Discussion and resolution on other issues on the agenda.
11. The Board
11.1 The Board consists of the President, the Vice President, the Secretary, the Treasurer and up to three other elected Board members. All section heads are, unless they are elected board members, advisory members of the board.
11.2 The Board is elected by secret ballot by the General Assembly. If only one person is running for a position, the election can also be carried out by open vote. The President appoints a Deputy Secretary and a Deputy Treasurer from among the members of the Board of Management. When an elected member leaves, the Board has the right to co-opt another electable member in its place, for which subsequent approval must be obtained at the next general meeting. If the Management Board fails at all or for an unpredictably long period of time without self-addition due to co-ordination, each auditor is obliged to immediately convene an extraordinary general meeting for the purpose of electing a new board of directors. Should the auditors also be unable to act or do not exist, every regular 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 meeting.
11.3 The term of office of the Executive Board is two years. Re-election is possible.
11.4 The Board is convened by the President, in his absence by the Vice President, in writing, via e-mail or orally. If this person is also prevented for an unforeseeable period of time, any other member of the Management Board may convene the Executive Board.
11.5 The Board has a quorum if all its members have been invited and at least half of them are present.
11.6 The Board passes its decisions by a simple majority of votes; in the event of a tie, the President's vote shall be decisive.
11.7 It is chaired by the President and, if unable to attend, by the Vice President. If this person is also prevented from attending, it is the responsibility of the oldest member of the board present in years.
11.8 Except as a result of death and expiry of the term of office (11.3), the function of a member of the Management Board expires through dismissal (11.9), resignation (11.10) or termination of ordinary membership (6.1).
11.9 The General Assembly may remove the entire Board or individual members of its Board at any time. The dismissal comes into force upon appointment of the new board or board member.
11.10 The members of the Board of Management can declare their resignation in writing at any time. The declaration of resignation must be addressed to the Executive Board and, in the event of the resignation of the entire Board, to the General Assembly. The resignation only takes effect upon election or co-optation (11.2) of a successor.
12. Responsibilities of the Executive Board
The board is responsible for managing the association. He has all tasks that are not assigned to another body of the association by the statutes. In particular, the following matters fall within its scope:
a) Preparation of the annual estimate and preparation of the financial report and financial statements;
b) Preparation of the General Assembly;
c) Convening the ordinary and extraordinary general meetings;
d) management of the association's assets;
e) Admission and provisional expulsion of club members;
f) Admission and dismissal of employees of the association;
g) provisional establishment, amendment or dissolution of association sections.
13. Special duties of individual board members
13.1 The president and, in his absence, the vice president represent the association externally. Written copies of the association require the signatures of the president and either the vice president or the secretary, in financial matters (= asset dispositions) the signatures of the president and either the vice president or the cashier.
13.2 Legislative powers to represent the association externally or sign for it may only be granted by the officials mentioned in 13.1.
13.3 In the event of imminent danger, the President or, in his absence, the Vice President is entitled to issue orders independently under his own responsibility, even in matters falling within the sphere of responsibility of the General Assembly or the Board of Directors; however, these require subsequent approval by the competent body of the association.
13.4 The President chairs the General Assembly and the Board of Directors.
13.5 The secretary must assist the President in managing the association's business. Him/she is responsible for keeping the minutes of the General Assembly and the Board of Directors.
13.6 The cashier is responsible for the proper financial management of the association.
13.7 In the event of impediment, the Vice President takes the place of the President. If unable to attend, the secretary and the treasurer are represented by their deputies.
14. The auditors
14.1 The two auditors are elected by the General Assembly for a period of two years. Re-election is possible.
14.2 The auditors are responsible for ongoing business control and review of the financial statements. They must report to the General Assembly on the outcome of the review.
14.3 In addition, provisions 11.9, 11.10 and 13.1 last sentence apply mutatis mutandis to auditors.
14.4 Except as a result of death and expiry of the term of office (11.3), the function of an auditor expires through dismissal (11.9), resignation (11.10) or termination of ordinary membership (6.1). In this case, a new election must be held at the next ordinary general meeting. Until then, the person who is not a member of the board of directors who has been a member of the association for the longest period of time (the oldest member of the same length of age) will assume the role of the retired auditor.
15. The association sections
15.1 The association can be divided into sections. They are established, amended or dissolved by the General Assembly on the proposal of the Executive Board. The Executive Board may set up, amend or dissolve sections on a provisional basis.
15.2 The task of the sections is club or sports operations within the scope of the tasks formulated by the General Assembly (or provisionally by the Board of Directors).
15.3 The Board appoints one section head for each section. His/her task is to organize club and sports operations within the defined area of responsibility. The section head keeps a proper list of members.
16. The Arbitral Tribunal
16.1 The association's internal arbitration court is called upon to settle all disputes arising from the association relationship.
16.2 The arbitral tribunal consists of three ordinary members of the association. It is formed in such a way that a dispute nominates a member as an arbitrator to the Board of Directors in writing. Upon request from the Board of Directors within seven days, the other party to the dispute shall in turn nominate a member of the arbitral tribunal within 14 days. After notification from the Board of Directors within seven days, the nominated arbitrators will elect a third ordinary member as Chairman of the Arbitration Court within a further 14 days. In the event of a tie, the nominees will be drawn by drawing lots.
16.3 The arbitral tribunal shall make its decision with a simple majority of votes in the presence of all its members. It makes decisions to the best of its knowledge and belief. His decisions are final within the club.
17. Dissolution of the association
17.1 The voluntary dissolution of the association can only be resolved in an Extraordinary General Assembly convened for this purpose and only by a two-thirds majority of the valid votes cast.
17.2 This general meeting must also — if the association's assets exist — decide on the liquidation. In particular, it must appoint a liquidator and decide to whom she must transfer the remaining association's assets after covering liabilities. As far as possible and permitted, these assets should accrue to a non-profit organization that pursues the same or similar purposes as this association.
17.3 The last board of directors of the association must notify the voluntary dissolution in writing within four weeks of the resolution being passed by the competent association authority.