1. Name and Legal Seat
The association is called „Deutscher Bumerang Club“, has its legal seat in Trier/Germany and is to be enlisted in the official german list for any associations. After this, the name of the association changes to „Deutscher Bumerang Club e.V.“.
2. Purpose and Objectives
The association’s purpose is to help the sport of boomerangs to gain recognition, public awareness and to get people – especially the youngsters – to know it and to be envolved in it. This is to be achieved by the following means:
- throwing lessons,
- Organizations and involvment in regional/local, national and international championships,
- media work,
- teaching of pedagogics (teachers etc.), therapeuts (medicals etc.).
The association is neutral to the aspect of politics. All people will be treated the same way; there will be no dicrimination in any way – be it regarding the nationality, race, religion or anything else. The association is to be tolerant in every aspect.
3. Public Utility/Charitability
The association is, by the matter of being involved in the sport of boomerangs, solely of public utility/charitabile due to the (german) tax document, which regulates the public utility/charitability of associations. The association does not try to act as a company, which might want to gain financial profit. No officer of the association may be paid for his efforts. All money gained by the association is to be spend for purposes according to the bylaws. Members do not get dividends or any other payments from the association for just being members. Nobody may get financial benefit through recieving payments which violated the bylaws, nor may he recieve disproportionate compensations.
4. Membership, How to Get and Lose Membership, Privileges and Duties of Members
1) The association consists of:
- regular members, who are active in the sport,
- passive members,
- honorary members.
2) A member of the association might be a natural or legal person, e.g. other associations. Every legal member is to be represented by an announced natural person. Furthermore there is the possibility on a sponsary/promotional membership.
3) The application for membership is to be done by acknoledging the bylaws. if the member (to be) is underage, the application has to be backed by his legal representative.
4) Membership ends through:
5) The withdrawal has to be written and send to the board of directors. The period of notice is three months at the end of the (caledary) year.
6) A member might be excludet from the association by the board of directors:
- if he violated his duties as they are written down in the bylaws in a major way,
- if he violated the purposes of the association in a major way, or because of extreme unsporty/unfair behaviour,
- because of disgraceful actions.
The member is to be given the opportunity to defend his action/behaviour. The hearing, which is to be held in the presense of the board of directors and the member himself and which is to decide upon the exclusion of the member, has to be announced in a written manner 10 days prior to its date. The date of sending out the letter starts this 10 day period. The decision – Exclusion: Yes or No – is to be made by letter and has to include the reason for exclusion. The notice of exclusion is to send to the excluded member as a registered letter. An appeal against this notice to the meeting of all members (see: §6 Organs) is possible/legitimate. This appeal has to be made within 3 weeks of the recieving of the notice of exclusion by the to be excluded member. The decision of the meeting of all members regarding the Exclusion: Yes or No-matter of the member is final.
7) Even after leaving the association, the former member has to fulfill/obey all duties as a member, e.g. pay all dues for the remaining time till the end of the (financial) year is reached. Any claims of any member – excluded or resigned – have to be laid to in letter within 6 months after end of the membership.
8) Members, sponsary/promotional members and legal members, who represent an announced natural person, are entitled of taking part in any actions or events of the association, which are run according to the bylaws.
9) All member are to act according to the bylaws or any other rules or regulations of the association. The members are to show respect and camaraderie/companionship towards all other members.
10) All members are to pay membership fees. The exact amount of the membership fee per year is to be decided by the meeting of all members.
5. Financial Year:
The financial year equals/is the calendar year.
The organs of the association are:
- the meeting of all members,
- the board of directors.
7. The Meeting of all Members:
1)The meeting of all members is the highest/most important/most powerful organ of the association. Highest/Most important/Most powerful meeting of all members is the main meeting of all members. The main meeting of all members is to decide upon:
- Hearing/Reception of the reports of the board of directors,
- Hearing/Reception of the report of the cash/treasure auditor,
- Exoneration and election of the board of directors,
- Election of the cash/treasure auditor,
- Settlement/Fixation of the exact amount of the membership fee per year or any other falling dues,
- Acception of the budget,
- Changes of the bylaws,
- Passing of any resolutions/petitions/proposals/motions,
- Fixation of the organizer, setting, date/point of time and any other decisions and modalities regarding the next years‘ German Championship; Acception of any options – which are not binding – for further/future German Championships in years to come,
- Final decision regarding any appeal against exclusion from the association according the bylaws (see: §4 section 6),
- Appointment of any honorary members,
- Election of any members of any committee, which is established according to the bylaws,
- Dissolution of the association,
- Confirmation of any decision made by the rules committee.
2) The main meeting of all members is to be held at least once a year; a date during the last quarter of the year is to be preferred.
3) An exceptional/extraordinary/adjunct meeting of all members is to be called by letter, which has to include an/the agenda, with a 2 week period prior the date of this meeting of all members, if:
- the board of directors decides to do so,
- at least 5% of all members apply for this.
4) The calling for the main meeting of all members has to be made by letter by the board of directors. For notice of this event, a sufficiant period of time prior every main meeting of all members is acchieved, if the date of sending out the calling itself is 3 weeks prior the meeting. The calling by letter has to include an/the agenda.
5) The meeting of all members is able to make legal decisions without regard to the amount or percentage of present members. Any decisions are made by acchieving bare/mere majority of all legal votes. Any abstentions from voting are registered. A tie in voting means rejection/non-acceptance. Elections have to be secret, if at least 5% of the present voters call for this. Any elections from the board of directors have to be secret, if at least one present voter calls for this.
6) Resolutions/petitions/proposals/motions may be made by:
- the board of directors,
- any member.
7) Any resolutions/petitions/proposals/motions to change the bylaws have to be recieved by the president of the association 8 weeks prior the meeting of all members by letter. Any decision regarding the change of the bylaws or the purpose of the association needs a majority of 3/4 of all legal votes by all present voters. All paragraphs and sections of the bylaws, which are subject of any resolutions/petitions/proposals/motions to change have to be put in the agenda, which is send out with the calling for the meeting of all members. The wording/text/tenor of the proposed change of the bylaws is to be published in the calling for the meeting of all members.
8) All other resolutions/petitions/proposals/motions can only be dealt with at the meeting of all members, if they were recieved by the president of the association 1 week prior the meeting of all members by letter. if resolutions/petitions/proposals/motions were not recieved by the president of the association by that time, they can only be dealt with at the meeting of all members, if a majority of 2/3 decide upon priority/urgency of that matter. There may not be any urgent applications for resolutions/petitions/proposals/motions to change the bylaws.
9) Records/Minutes/A protocol of all results and decisions of any meeting of all members has to be published, which has to be signed by the leader/speaker of the meeting of all members and the keeper of the minutes/protocoller.
8. Board of Directors:
1) The executive board of directors consists (according to german § 26 of the BGB Buergerliches Gesetzbuch) of:
- the 1. director/president,
- the 2. director/vice-president,
- the treasurer.
2) The extended board of directors consists of the executive board of directors and any members of any committee, which is established according to the bylaws.
3) The term of office of the board of directors is 2 years.
4) The board of directors conduct/settle the businesses of the association according to the bylaws and the decisions made at the meeting of all members. All decisions made by/among the members of the board of directors are made if bare majority is acchieved. In the event of a tie of votes, the vote made by the 1. director/president makes the decision, in the absence of the 1. director/president, the vote made by the 2. director/president makes the decision, in the absence of the 2. director/president, the vote made by the treasurer makes the decision.. The board of directors coordinates and/or initiates the association’s activities and reports of his work to the meeting of all members. The board of directors may set up committees, which are to work on any specific task. The board of directors may issue/publish/promulgate any binding/legal/compulsory regulations. Every single member of the board of directors may act as an official representative of the assiociation. The board of directors may entrust any member of the association with any specific task. Any commitments of the association besides from what has been decided upon in the budget at the meeting of all members, has to be approved by the whole executive board of directors.
9. Right to Vote and Eligibility:
1) Any member who possesses legal capacity has the right to vote and is eligible, if the current membership fees/dues are paid for/fulfilled.
2) Visitors/Guests may be invited to attend/be present at the meeting of all members. They have no right to vote. They may be given the right to speak.
10. The Cash/Treasure Auditor:
Two cash/treasure auditors are elected by the meeting of all members for the term of two years. The cash/treasure auditors may not be members of the board of directors or any committee set up by the board of directors. The cash/treasure auditors are to audit the account, the closing/balancing of the books and reciepts at least once a financial year. This audition has to be mathematical and objective/factual/unbiassed. The cash/treasure auditors have to publish a report on their work to the board of directors. Furthermore the cash/treasure auditors are to report of their work to the meeting of all members and, in the case of orderly cash keeping, the cash/treasure auditors are to propose the discharge of the treasurer and the rest of the board of directors.
11. Dissolution of the Association:
1) The dissolution of the association can only be decided upon by a special meeting of all members, which has to be called solely for the purpose of the dissolution of the association. The decision is made, if 3/4 of all present voters/members aggree on this issue.
2) In the case of the dissolution of the association or the loss of the purpose of the association according to § 2/§ 3 of these bylaws, all property/means of the association, if anything is left after paying out all members, who have any claims to the association, are to be handed to the „Landessportbund“ (german national federation of sports), who has to spend the means on purposes which obey § 2/§ 3 of these bylaws.
12. Acchieving of the Purposes and Objectives of the Association:
For the acchievement of the purposes and objectives of the association there are reserves/savings to be established/found, which are to be spent on sporting grounds.
Translated by Günter Möller