statute

of the OSNABRÜCKER SPIEL- UND SPORTKINDERGARTENS eV,
Obere Martinistraße 50, 49078 Osnabrück
Status: 11/28/1993



§ 1
Name, seat of the association, business year
1. The association bears the name "OSNABRÜCKER SPIEL- UND SPORTKINDERGARTEN eV".
2. The seat of the association is Osnabrück.
3. The business year is the calendar year. The kindergarten year begins on August 1st and ends on July 31st.

§ 2
Purpose of the association
1. The purpose of the association is the family-accompanying and complementary education and upbringing of children of preschool age. The purpose of the statutes is realized in particular through the operation and maintenance of a play and sports kindergarten. The content is to be designed according to the children's special needs for playful and sporting activities.

2. The association pursues exclusively and directly charitable purposes within the meaning of the section "tax-privileged purposes" of the tax code.

3. The association is selflessly active; it does not primarily pursue economic purposes.

4. The association's funds may only be used for statutory purposes. The members do not receive any profit shares and, in their capacity as members, no other benefits from the association's funds. No person may be favored by expenses that are alien to the purpose of the association or by relatively high remuneration.

5. If the association is dissolved or the previous purpose no longer applies, the association's assets go to the City of Osnabrück for use in youth care.

§ 3
Acquiring Membership

1. All custodians who intend to send their child to the association's kindergarten can apply for full membership. The board of directors decides on the written application for admission, taking into account the free kindergarten places. Membership begins on the 1st day of the month in which the child is admitted to kindergarten.

2. Any person who wants to support the association through regular payments without sending a child to kindergarten can become a sponsoring member.

§ 4
Termination of Membership

1. The membership of a full member ends:
a) through voluntary resignation,
b) by deleting it from the list of members,
c) by exclusion from the association,
d) by excluding the child from attending kindergarten for educational reasons.

2. The voluntary resignation takes place through a written declaration to the board. It is permissible with a notice period of three months to January 31, April 30, July 31 and October 31.

3. A member can be removed from the list of members by resolution of the board if he is in arrears with the payment of a fee despite two reminders. The deletion may only be decided if one month has passed after the first reminder has been sent and the deletion has been threatened in this reminder.

4. If a member culpably violates the interests of the association in a gross manner, he or she can be excluded from the association by resolution of the board of directors. Before the decision is made, the board of directors must give the member the opportunity to make an oral or written statement. The decision of the board of directors must be justified in writing and sent to the member. The member can appeal the decision to the general meeting. The appeal has a suspensive effect. The appeal must be lodged with the board within a period of 2 weeks after receipt of the decision. The board of directors has to convene a general assembly within one month after the timely filing of the appeal, which finally decides on the exclusion.

5. A member's child can be excluded from attending kindergarten if the board of directors so decides on the recommendation of the kindergarten director for educational reasons. There is then no longer any obligation to pay contributions.

§ 5
Membership fees

1. Monthly fees per child are charged from the full members. The monthly fees are due on the 1st working day of each month. Demand-oriented levies are levied to finance special projects. The amount of the monthly fees as well as the amount and due date of any contributions are set by the general meeting.

2. To simplify the association's accounting, the members take part in the direct debit procedure. The withdrawal of a direct debit authorization that has been issued is equivalent to voluntarily leaving the company at the next possible date.

§ 6
Organs of the association

Organs of the association are:
a) the board
b) the general assembly
c) the kindergarten advisory board

§ 7
The board of directors

1. The board consists of:
- the chairman and his deputy
- the treasurer
- the secretary
- the respective head of the kindergarten.

2. The association is represented in and out of court by two members of the board, including the chairman or the deputy chairman. This also applies in the event of liquidation.

3. The board of directors is elected by the general assembly for the duration of one kindergarten year. If the board for the new kindergarten year has not yet been elected at the end of the kindergarten year, the old board remains in office until the new board is elected. With the termination of membership in the association, the office of board member ends. If a member of the board of directors resigns prematurely, the board of directors elects a successor for the remaining term of office of the resigned member.

4. The board of directors is responsible for all affairs of the association, unless they are assigned to another organ of the association by the statutes. Its main tasks are:
- Preparation of the general meeting and drawing up the agenda
- Convening the general assembly
- Execution of the decisions of the general assembly
- Preparation of the budget for each financial year
- Establishing guidelines for the operation of the kindergartens
- Conclusion and termination of employment contracts
- Decision making on admission, deletion and exclusion of members
- To make amendments to the articles of association that are required by supervisory, judicial and financial authorities for formal reasons.

5. The board of directors generally makes its decisions in board meetings, which are called by the chairman or, if he is unable to do so, by the deputy chairman, in writing or by telephone. If all board members agree, the convocation is possible without observing a period, otherwise the notice period of one week must be observed. The board meeting is chaired by the chairman or, if he is unable to do so, by the deputy chairman. The board has a quorum if at least two board members, including the chairman or the deputy chairman, are present. When a resolution is passed, the majority of the valid votes cast decides. In the event of a tie, the head of the board meeting decides. The resolutions of the board meeting are to be recorded. The minutes must be signed by the chairman of the meeting. The minutes should contain the time and place of the meeting, the names of the participants and the decisions made. A board resolution can be made in writing by circulation if no member of the board objects to the procedure.

6. It is not permitted to combine several board positions in one person.

7. The treasurer administers the association's cash register, keeps records of all income and expenses, credits and liabilities as well as the association's assets in accordance with the rules of proper commercial bookkeeping. He has to submit an invoice report with receipts to the general assembly. The report and documents are to be checked by two auditors who are not allowed to be part of the board.

§ 8th
liability

The liability of the association is limited to its assets and the liability of the members to their statutory contributions. The board should express this in all contracts to be concluded by the association.

§ 9
General meeting

1. An ordinary general assembly is to be held at least once a year. In the general assembly, each full member has one vote for each of his children who attend kindergarten. Married couples have one vote for each child. The right to vote can only be exercised in person.

2. The ordinary general assembly is responsible for the following matters:
- Approval of the budget drawn up by the board for the next financial year;
- Approval of the annual financial statements for the past financial year;
- Discharge of the board for the last year of kindergarten;
- Determination of the contributions and any contributions for the current year;
- Election and recall of the members of the board
- Resolution on the appeal against a resolution of the board of directors to expel;
- Change of the statutes and dissolution of the association.

3. Except in the case of Section 4, Paragraph 4, Clause 7, the Executive Board shall convene an extraordinary general meeting if it considers this to be necessary or if 1/4 of the members request this in writing and stating reasons.

4. General meetings are convened by the board of directors with a notice period of 2 weeks and an agenda by distributing a parents' letter in the kindergarten. If possible, they should not take place during the school holidays. Each member can apply in writing to the board for an addition to the agenda at least one week before a general meeting. The application will be communicated to the members immediately by posting it in the kindergarten. The assembly decides with a majority of the members of the association who are entitled to vote on requests to add to the agenda that are submitted within a week before or in the general meeting.

5. The general meeting is chaired by the chairman or, if he is unable to do so, by the deputy chairman or another member of the board. If no board member is present, the assembly appoints the leader. The chairman of the meeting appoints the secretary.
The general assembly has a quorum if at least a quarter of the members of the association who are entitled to vote are present. If there is no quorum, the board is obliged to call a second general meeting with the same agenda within four weeks; this has a quorum regardless of the number of members present. This must be pointed out in the invitation.
The chairman of the meeting determines the type of vote. If 1/3 of the members present and entitled to vote request this, voting must be done in writing.
Resolutions are passed with a simple majority of the valid votes cast. However, a majority of 3/4 of the valid votes cast is required to change the statutes and dissolve the association. Changes to the statutes or a dissolution of the association are only permitted if the members have been advised in writing at least one week beforehand of the intention to make a corresponding resolution.
In elections, anyone who has received more than half of the valid votes cast is elected. If no one has received more than half of the valid votes cast, a runoff election will take place between the two candidates who received the most votes. The person who received the most votes is then elected. If the number of votes is equal, the lot to be drawn by the chairman of the meeting decides.

Minutes are to be taken of the resolutions of the general meeting, which contains the name of the chairman of the meeting, the secretary, the number of members present, the agenda, the voting results and the type of voting. The chairman and secretary of the meeting have to sign the minutes.

§ 10
Parent representation

1. Two parent representatives are to be elected in each group. The election should take place in the first 8 weeks of a new kindergarten year. The parents 'representatives and the teachers invite you to parents' evenings. The parents' evenings should take place at least once every three months. The invitation period is 2 weeks. An agenda for the parents 'evenings should be drawn up jointly by the teachers and the parents' representatives. At parents' evenings, a simple majority of the parents present decide with one vote per child. A tie means rejection.

2. Duties of the parent representative:
- Promoting the exchange of information and opinions between parents and educators and the kindergarten association.
- Accelerating the process of getting to know each other among parents.

§ 11
Kindergarten Advisory Board

1. To promote the cooperation between the OSNABRÜCKER SPIEL- UND SPORTKINDERGARTEN eV, the teachers and the parents, a kindergarten advisory board is formed, which is composed as follows:
4 teachers (1 ore per group)
1 physical education teacher
8 parent representatives (2 parents per group)
2 representatives of the board with an advisory vote
Each group nominates its representatives for the advisory board.

2. Important decisions by the executing agency and the management are made in consultation with the advisory board. This is especially true for
a) establishing and changing the principles of educational work,
b) The establishment of new and the closure of existing groups or childcare offers,
c) Establishing the principles for admitting new children,
d) the opening times,
e) fundamental questions of integrative education,
f) Planning of construction projects and major equipment measures,
g) Establishment of pilot projects and implementation of special educational projects.

3. The advisory board can make recommendations on the use of budget funds and the regulation of parental contributions in the kindergarten.

4. With a simple majority, the members elect a parent representative to be the chairman and a parent representative to be the representative of the kindergarten advisory council, who takes part in the board meetings of the OSNABRÜCKER SPIEL- UND SPORTKINDERGARTEN eV in an advisory capacity. In coordination with the kindergarten management, the chairman calls the kindergarten advisory board as required, but at least every six months. Together with his representative, he works out the agenda.
The invitation period for the kindergarten advisory board should be 2 weeks.

5. The kindergarten advisory board has a quorum if at least 4 parent representatives and 3 of the other advisory board members are present. He decides with simple majority. A tie means rejection. If no agreement can be reached between the parent representatives and the other advisory board members, the matter must be submitted to the board of the OSNABRÜCKER SPIEL- UND SPORTKINDERGARTEN eV for decision.

Osnabrück, July 1st, 2000