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Constitution

Please note: this English version is a reading aid. Only the German Satzung is legally binding.

§1 Name, registered office and financial year

  1. The association bears the name „Freunde der Owinger Bücherei – Verein zur Förderung der Katholischen öffentlichen Bücherei St. Jakobus, Haigerloch-Owingen" (short form: Freunde der Owinger Bücherei).

  2. It is to be entered in the register of associations and, once entered, bears the suffix e.V. in its name.

  3. The association's registered office is Haigerloch-Owingen.

  4. The financial year is the calendar year.

§2 Purpose of the association

  1. The purpose of the association is to promote general education and vocational training. This purpose is realised in particular by the association supporting Owingen Library of the Kath. Kirchengemeinde Eyachtal-Haigerloch St. Anna, both in spirit and materially, in its cultural, educational and social mission. In line with this aim, and working with the library, it is particularly concerned to foster the library as a living cultural centre of the community. The association further contributes to improving the library's facilities and services. The association does not seek any right of say in what is acquired for the library's collection.

  2. The association pursues exclusively and directly charitable purposes within the meaning of the section „tax-privileged purposes" of the German Fiscal Code. The association acts selflessly; it does not primarily pursue its own economic interests. The association's funds may be used only for the purposes set out in this constitution. Members receive no payments out of the association's funds. No person may be favoured by expenditure that is foreign to the purposes of the association, or by disproportionately high remuneration. Work in the association's bodies is unpaid.

  3. Out of social responsibility, the association works without denominational or party-political ties, so as to serve everyone equally — above all children and young people, from every background and nationality.

§3 Membership

  1. Individuals and legal entities may become members. Membership is acquired by a declaration of accession, on which the committee decides.

  2. Members of the association pay an annual subscription. Setting the minimum rate is a matter for the general meeting.

  3. For an individual, membership ends on resignation or death; for a legal entity, on resignation or on the entity ceasing to exist.

  4. Resignation from the association must be declared in writing, observing three months' notice to the end of the financial year. The committee is entitled to accept declarations of resignation as legally effective with immediate effect even where they do not comply with the form or the notice period.

  5. A member may be expelled by resolution of the committee if they have acted contrary to the constitution or to the interests of the association, or where other good cause exists. Before a decision on expulsion is taken, the member concerned must have been given an opportunity to comment.

  6. On resignation or expulsion of members, or on dissolution of the association, there is no claim to repayment of subscriptions or donations, to a share of the association's assets, or to any other payment. In individual cases the committee may make exceptions.

  7. Members are invited to take an active part and are entitled to be informed about the association's activities and the use of its funds. They are obliged to respect the provisions of this constitution and the resolutions of the general meeting.

§4 Bodies

The bodies of the association are

  • the general meeting
  • the committee

§5 General meeting

  1. The general meeting is the association's highest body. It is chaired by the chair or, if they are prevented, by a deputy to be named by the committee.

  2. The general meeting is responsible for

  • receiving the annual report and the treasurer's report
  • discharging the committee
  • electing the committee
  • electing an auditor for the duration of one committee term. The auditor has the right to examine the association's accounts and bookkeeping at any time. An examination must be carried out at least once a year. The auditor must report the findings to the general meeting.
  • setting the membership subscription
  • appointing honorary members, who may be exempted from paying the subscription
  • deciding on amendments to the constitution
  • deciding on the dissolution of the association
  1. The ordinary general meeting must be convened by the committee at least once a year. Extraordinary general meetings must be convened where the interests of the association require it, or where 25% of the members request it in writing, stating the reason.

  2. The committee is responsible for setting the agenda and for convening the meeting. The invitation, together with the agenda giving the exact date and the items for discussion, is announced in good time — 4 weeks before the date — by notice in Owingen Library and online on the Owingen Library website. For extraordinary general meetings, members are invited in writing at their last known address. The written form is also satisfied by sending an email without a signature. Members' motions must be placed on the agenda if they reach the committee in writing, with reasons, 2 weeks before the general meeting.

  3. All ordinary members are entitled to vote. The right to vote is not transferable.

  4. The general meeting is quorate regardless of the number of members present.

  5. Unless special provision is made for particular cases, votes are decided by a simple majority of the members present. In the event of a tie, a motion is deemed rejected. Extending the agenda requires a two-thirds majority of the members present.

  6. Amendments to the constitution require a two-thirds majority of the members present.

  7. Dissolution of the association requires a three-quarters majority of the members present. Dissolution can, however, only be resolved at an extraordinary general meeting convened for that purpose.

  8. Minutes of the meeting are to be taken by a secretary elected beforehand by the general meeting, recording the substance of what was said and the outcome of the votes. They are to be signed by the secretary and by the person chairing the meeting, and by a member of the committee if the person chairing is not a committee member.

§6 Committee

The committee consists of the executive committee and the extended committee.

Resolutions and outcomes of meetings of the executive committee and of the extended committee are to be minuted.

(1) The executive committee

  1. The executive committee consists of
  • the chair
  • the deputy
  • the treasurer
  1. Each member of the committee represents the association in and out of court.

  2. The members of the executive committee are elected by the general meeting by simple majority for two years at a time, and acquire committee office on accepting the election. The election is held in separate ballots for the different offices. The committee remains in office until a new election is held. Re-election is possible.

  3. The committee determines the activity of the association. It is bound by the resolutions of the general meeting. The committee passes its resolutions by simple majority. In the event of a tie, the chair has the casting vote.

(2) The extended committee

  1. The extended committee consists of the executive committee and the head of Owingen Library.

  2. The extended committee decides on the use of funds in accordance with this constitution and passes its resolutions by simple majority. In the event of a tie, the head of the library has the casting vote.

§7 Place of performance

The place of performance for all rights and obligations arising from this constitution is Haigerloch.

§8 Dissolution of the association

On dissolution of the association, or if its tax-privileged purposes cease to apply, its assets pass to the Kath. Kirchengemeinde Eyachtal-Haigerloch St. Anna, which must use them exclusively for the library work of Owingen Library.

If Owingen Library ceases its public activity, or if the library is wound up by its governing body, then in the event of the association being dissolved the executive committee is appointed as liquidators. A simple majority is sufficient for resolutions of the liquidators. The rights and duties of the liquidators are governed by the provisions of the German Civil Code on liquidators. All assets are to be used exclusively for charitable or benevolent purposes.

The above constitution was established at the founding meeting of 5 July 2015
and amended at the general meeting of 10 September 2021.