The association sees its task primarily in preserving and further developing the Velsen adventure mine, but also the entire listed part of the ensemble of the old Velsen mine and making it accessible to the general public. Particular emphasis is placed on the Franco-German history of the mine and the presentation of Franco-German history and reconciliation. The association has therefore adopted the following statutes.
The association bears the name "Erlebnisbergwerk Velsen e.V." (hereinafter referred to as the association).
The association has its registered office in 66127 Saarbrücken, Alte Grube Velsen and pursues exclusively and directly charitable purposes within the meaning of the section "Tax-privileged purposes" of the German Tax Code. The association shall be entered in the register of associations and shall then bear the addition "e.V."
The financial year is the calendar year.
Purpose
The association sees its task primarily in preserving and further developing the Velsen adventure mine, but also the entire listed part of the ensemble of the old Velsen mine and making it accessible to the general public. For this reason, the association, in accordance with §52 AO ABS. 2 No. 6 monument protection and preservation and according to § 52 para. 2 No. 23 the mining customs.
The purpose of the statutes is realized in particular by offering guided tours through the Velsen adventure mine, by communicating mining customs and by organizing events.
Non-profit status
The association is a non-profit organization and does not primarily pursue its own economic purposes. All funds of the association may only be used for statutory purposes. Members do not receive any benefits from the association's funds.
No person may benefit from expenses that are alien to the purpose of the association or from disproportionately high remuneration.
Resigning members have no claims against the association for payment of the value of a share of the association's assets.
Any natural or legal person who is committed to the objectives of the association can become a member of the association. This requires an application for membership to the Association. The application for membership can be made in writing, i.e. by letter or e-mail or by completing the application form on the association's homepage at www.erlebnisbergwerkvelsen.de. The Board of Directors decides on admission.
Amount of membership fee
The amount of the annual membership fee is determined by the member. The minimum contribution is €12.00 per year. The Executive Board decides on exceptions.
Membership shall expire
upon the death of a natural person or the dissolution of a legal entity.
By a written declaration of resignation to the Executive Board, 6 weeks' notice to the end of the quarter.
By expulsion by the Executive Board after hearing the person concerned. Expulsion may occur if the member acts or attempts to act against the purpose and interests of the association.
The General Assembly
The Board of Directors
The Board of Trustees
Responsibilities of the General Meeting
The General Meeting is responsible for
the resolution on the budget
the acceptance or rejection of the annual accounts
the determination of general guidelines for the use of funds
amending the articles of association and dissolving the association
accepting the activity and cash report of the Executive Board
electing the members of the Executive Board
electing the auditors
the discharge of the Executive Board
Convening the General Meeting
The General Meeting is convened by the Executive Board. It meets as required, but at least once a year. It must be convened if one third of the members so request. The General Meeting is convened by email. Members who do not have an email address on file with the association will receive the convening notice by post. The convening notice shall be deemed to have been sent in due form and time and received by the member if it can be proven that it was sent two working days before the end of the notice period to the email address or postal address last provided to the association by the member. Members are obliged to inform the association of any changes to their postal or e-mail address. Incorrect and outdated addresses shall be charged to the member. Families for which there is a family membership in the association are invited jointly by the association via the last address or e-mail address given. This form of joint invitation of all family members is permissible until one or more of the members concerned notify the association in writing of their wish to be invited personally. The invitation is sent at least two weeks before the meeting, stating the agenda and publishing it on the association's website.
Quorum
The General Meeting is quorate regardless of the number of members present. All members present who have reached the age of 18 are entitled to vote. With the exception of § 8, resolutions are passed by a simple majority of votes. Abstentions are not counted. In the event of a tie, a motion is deemed to have been rejected.
Type of voting
The type of voting is determined by the general meeting. The vote must be conducted in writing if one of the members present and entitled to vote so requests.
Cash audit
The cash management of the Executive Board must be examined by at least two cash auditors appointed by the General Meeting. The audit report is a prerequisite and basis for the discharge of the Executive Board by the General Meeting. The auditors are elected for two years. Auditors may be re-elected once. The General Meeting may refrain from electing auditors and instead authorize itself or the Executive Board to appoint a member of the tax consulting professions to prepare an annual financial statement and audit the accounts. The General Meeting must be informed of the result of the audit carried out; a meaningful certificate must be attached to the annual financial statements.
Minutes of the General Meeting
Minutes shall be taken of the resolutions of the General Meeting and shall be signed by the chairperson and a secretary elected by the General Meeting. The minutes of the General Meeting shall be distributed to all members of the Board of Directors.
Where persons or functions are named in the following, both the masculine and feminine form shall apply.
The Executive Board consists of the following members:
the Chairman,
the deputy chairman
the treasurer
the secretary,
up to nine assessors elected by the General Meeting
further members as decided by the General Meeting.
the organization manager.
assessors appointed by the Executive Board.
Election of Board members
The Board members under § 7 (1) a - f) are elected by the General Meeting for a term of two years. Re-election is possible.
Only members of the Association may be elected as members of the Executive Board in accordance with § 7 (1) a - h).
If a member of the Executive Board resigns during the financial year, the Executive Board shall initially replace itself and a successor shall be elected at the next General Meeting.
The members of the Executive Board under § 7 (1) e - h) have an advisory function and no voting rights.
Executive Board members in accordance with Section 26 BGB
The Executive Board within the meaning of Section 26 BGB are the Chairman, the Deputy Chairman, the Secretary and the Treasurer, two of whom must represent the association jointly in and out of court and one of whom must be the Chairman or his deputy.
Beginning and end of membership of the Executive Board
Membership of the Executive Board begins with the election by the General Meeting and acceptance of the election. It ends with the election of a successor by the General Meeting.
Responsibilities of the Executive Board
The Executive Board can discuss and decide on all statutory matters of the association, unless the General Meeting is responsible for this.
In particular, it is responsible for
drawing up and implementing the budget and the annual accounts.
drawing up general guidelines.
the admission and exclusion of members.
appointing additional assessors and members of the Board of Trustees.
Convening a meeting of the Board of Directors
The Board of Directors is convened by the Chairman or his deputy as required, but at least once a year. It must be convened if one third of the members of the Board of Directors so request. Invitations are generally sent out two weeks before the meeting, stating the agenda in writing.
Quorum of the Executive Board
The Executive Board is quorate if half of the Executive Board is present. If there is no quorum, the Chairman shall convene a new meeting. Assessors are not entitled to vote.
Voting in the Executive Board and minutes of the meeting
Resolutions are passed by a majority vote of the members present. Abstentions are not counted. In the event of a tie, a motion is deemed to have been rejected. Minutes must be taken of the meeting and signed by the Chairman and the Secretary. Each member of the Board of Directors must be given the minutes of the meeting within 30 days at the latest.
Convening the general meeting
Amendments to the articles of association and the dissolution of the association can only be resolved in a general meeting convened specifically for this purpose. These resolutions require a three-quarter majority of the members present at the meeting.
Dissolution of the association
If the association is dissolved or if tax-privileged purposes cease to exist, the assets of the association shall be transferred to the Luisenthal Miners' Relief Foundation, Hafenstraße 25, 66111 Saarbrücken, which shall use them directly and exclusively for charitable purposes, in particular for the promotion of mining customs and for the promotion of an international spirit. Should the Luisenthal Miners' Relief Foundation be unable to perform this task, it shall be replaced by another legal entity under public law or another tax-privileged corporation for use for the same aforementioned purposes. The Chairman and the Deputy Chairman shall be appointed as liquidators.
The task of the trustees:
Advise the Board of Directors
Promoting the culture of the association
Promoting members and friends of the association
The liability of the association and its board members towards third parties is governed by law. In the event of slight negligence on the part of a member of the Executive Board, the Association shall be obliged to indemnify such member against any liability towards third parties. The statutory provisions of § 31a BGB remain unaffected.
The association, its board members and persons acting on behalf of and in the interests of the association shall not be liable to members internally for damage or loss caused by negligence which members suffer in the course of the association's operations when using the association's facilities, equipment or devices or at events, insofar as such damage or loss is not covered by the association's insurance. Insofar as insurance cover exists for this, §31a para. 1 sentence 2 BGB shall not apply.
If the persons referred to in para. 2 are held liable by third parties in the external relationship without intent or gross negligence, they shall have a claim against the association for reimbursement of their expenses to defend against the claims.
The members of the association's bodies generally perform their duties on a voluntary basis.
If necessary, these offices can be exercised in return for payment on the basis of a service or employment contract or against payment of an expense allowance in accordance with Section 3 No. 26a of the German Income Tax Act (Ehrenamtspauschale).
Other activities for the association outside the board function can be remunerated separately.
The Managing Director is authorized to commission activities for the association in return for payment of appropriate remuneration, e.g. for services or work, or expense allowances, e.g. for part-time visitor guides. The budget situation of the association is decisive.
The Executive Board is authorized to hire full-time employees to carry out management tasks and run the office within the scope of budgetary possibilities.
The Executive Board shall decide on the remuneration of the Association's activities in accordance with para. 2. The same applies to the content and termination of contracts
