Bylaws Draft – Nexus Badminton Berlin e. V.

§ 1 Name, Seat and Financial Year

(1) The association shall bear the name “Nexus Badminton Berlin”. It shall be registered in the register of associations (Vereinsregister) and, upon registration, shall carry the suffix “registered association” (e. V.). The seat of the association is Berlin.

(2) The association is a member of the competent sports federations of the Landessportbund Berlin e. V., in particular the Badminton Association Berlin-Brandenburg e. V., and recognizes their statutes and regulations.

(3) The financial year of the association is the calendar year.

§ 2 Purpose, Non-profit Status and Principles

(1) The purpose of the association is the promotion of badminton and the related physical well-being. The association pursues exclusively and directly charitable purposes within the meaning of the section “tax-privileged purposes” of the German Fiscal Code (Abgabenordnung), namely by promoting sport. The statutory purpose is realized in particular through the promotion and practice of badminton, e.g., by regular training activities as well as enabling members to participate in competitions and tournaments. The association promotes recreational and competitive sport for children, youth, adults and seniors and enables its members to participate in training and, where applicable, competition activities.

(2) The association is non-profit and acts altruistically; it does not primarily pursue its own economic interests.

(3) The bodies of the association (§ 8) generally perform their duties on an honorary basis. If necessary, offices may be carried out for compensation for expenses or under a service contract. The provisions of §§ 3 No. 26 and 26a German Income Tax Act (EStG) (tax-free allowances for voluntary work) must be observed. The board shall decide on reasonable compensation for activities performed for the association, taking into account the financial situation; the general assembly shall be informed accordingly.

(4) Funds of the association may be used only for the statutory purposes. Members shall not receive any benefits from the association’s funds. No person may be favored by expenses that are alien to the association’s purpose or by disproportionately high remuneration.

(5) The association acts politically, ethnically and denominationally neutral. It grants equal rights to all people—regardless of origin, gender, religion or worldview—and promotes tolerance and diversity.

(6) The association condemns any form of violence or abuse, whether physical, psychological or sexual. In particular, the association commits to protecting children and youth from any form of violence.

§ 3 Membership

(1) The association consists of members in the following categories:

• a) Active members – natural persons aged 18 or older who practice badminton within the association;
• b) Passive/supporting members – persons who support the association without participating in sports activities;
• c) Youth members – natural persons under the age of 18;
• d) Honorary members – persons who have rendered special services to the association and are appointed as honorary members by resolution of the general assembly. Honorary members have all membership rights but are exempt from membership fees.

(2) Active members are entitled to participate in all sporting activities of the association. Passive members may not participate in active sports activities but may support the association through services or contributions. All members aged 18 or older have full voting rights in the general assembly and the right to vote and stand for election. Youth members under 18 may exercise voting rights via a youth assembly or through their legal representative where legally permissible.

(3) All members are obliged to safeguard the interests and reputation of the association and to support the association’s purposes to the best of their ability. They must pay the agreed membership fees on time and comply with these bylaws as well as any rules and regulations (e.g., fee policy, rules of procedure) adopted by the association.

§ 4 Admission of Members

(1) Any natural person who supports the purpose and principles of the association may become a member. Applications for membership must be submitted to the board in written form (text form is sufficient). For persons with limited legal capacity (in particular minors), the application must also be signed by the legal representative. By applying, applicants acknowledge the bylaws of the association.

(2) The board shall decide on admission at its own discretion. There is no right to admission; a refusal does not need to be justified. Admission becomes effective upon written confirmation. The board may make admission dependent on payment of a one-time admission fee and the first membership fee.

(3) The board may define a probationary period of up to 3 months during which the new member has provisional membership rights only. No later than the end of the probationary period, the board shall decide on final admission as a full member.

§ 5 Termination of Membership

(1) Membership ends by resignation, exclusion, death of the natural person, or—if a legal entity is a member—by dissolution. Departing members have no claim to any share of the association’s assets.

(2) Resignation must be declared to the board in writing. For minors, resignation must also be signed by the legal representative. Resignation is possible with a notice period of 4 weeks to the end of a quarter; membership fees remain due until the resignation becomes effective.

(3) A member may be excluded by board resolution for good cause. Good cause exists in particular if a member seriously violates the bylaws or regulations, harms the reputation or interests of the association, behaves unsportsmanlike, or is in arrears with membership fees despite two reminders. Before the decision, the member must be given an opportunity to be heard. The exclusion decision must be communicated in writing with reasons.

(4) The member may appeal the exclusion decision to the general assembly within one month of receipt, in writing to the board. The next ordinary general assembly shall decide finally. Until the final decision, membership rights are suspended.

(5) Departing or excluded members have no claim to a refund of paid fees or to any share of the association’s assets. Outstanding obligations (e.g., fee arrears) remain due until termination becomes effective and must be fulfilled.

§ 6 Membership Fees

(1) Membership fees shall be levied. The amount of regular membership fees, admission fees and any levies shall be decided by the general assembly. Fees may differ between member categories (e.g., reduced fees for youth, students, etc.). Due dates and payment modalities are likewise decided by the general assembly, either by a dedicated fee policy or by individual resolution.

(2) In justified individual cases, the board may defer or reduce fees or waive them in whole or in part (e.g., cases of hardship). There is no legal entitlement to a reduction. Honorary members are exempt from fees.

(3) If a member fails to pay despite due date and reminders for more than six months, the board may remove the member from the membership list (administrative termination). The member must be informed. Outstanding fee obligations are not waived.

§ 7 Rights and Duties of Members

(1) All members are entitled to use the association’s facilities and offerings in accordance with applicable rules and to participate in events. Each member has the right to participate in the association’s decision-making, in particular to submit motions and—if entitled—to vote and stand for election in the general assembly.

(2) Members must support the association’s goals and refrain from anything that could damage its reputation or purpose. They must comply with these bylaws and the association’s regulations and ensure timely payment of fees. Members should behave fairly and in a sportsmanlike manner.

(3) Members are encouraged to support the board in carrying out its tasks and may be asked to assume reasonable voluntary duties, within their personal capacities.

§ 8 Bodies of the Association

The bodies of Nexus Badminton Berlin e. V. are:

• a) the General Assembly;
• b) the Board.

§ 9 Board

(1) The board consists of at least three persons: the Chairperson, the Vice Chairperson, and the Treasurer. The board may be extended by resolution of the general assembly to include additional members (e.g., Secretary, Sports Officer, Youth Officer). Board members must be members of the association and of legal age.

(2) The board within the meaning of § 26 German Civil Code (BGB) consists of the Chairperson, the Vice Chairperson, and the Treasurer. Any two of them jointly represent the association in and out of court. Internally, it is agreed that the Vice Chairperson and the Treasurer should only exercise their power of representation if the Chairperson is prevented from doing so.

(3) The term of office of the board is 2 years. The board is elected by the general assembly by secret ballot unless the assembly unanimously decides on an open vote. Board members remain in office until a new election is held. If a board member leaves office early, the remaining board may appoint a member on an interim basis; the next general assembly shall elect a successor for the remaining term.

(4) The board manages the association’s affairs in accordance with law, these bylaws, and the resolutions of the general assembly. It adopts resolutions by simple majority of board members present. In case of a tie, the Chairperson’s vote (or the Vice Chairperson’s vote if the Chairperson is absent) shall decide. Minutes shall be kept of board meetings and resolutions.

(5) The board may appoint delegates or form committees for specific areas of responsibility. It may also adopt internal regulations (e.g., financial rules, fee policy, rules of procedure) that are not part of these bylaws. Such regulations must not conflict with these bylaws and must serve the statutory purposes. Members shall be appropriately informed about such regulations.

(6) The board reports on and oversees all association matters and reports to the general assembly on its activities. It decides on the use of association funds within the budget set by the annual plan or the general assembly. Expenditures above a threshold set by the general assembly require prior approval by the general assembly.

(7) Board meetings take place as needed. Any board member may request a meeting stating reasons. The Chairperson (or Vice Chairperson if prevented) convenes meetings with reasonable notice. The board is quorate if at least half of its members, including the Chairperson or Vice Chairperson, are present. In urgent cases, the board may adopt resolutions by circular procedure (e.g., email) unless a board member objects; such resolutions must be documented in writing.

§ 10 General Assembly

(1) The general assembly is the highest decision-making body of the association. It takes place at least once per year as the ordinary annual general meeting.

(2) An extraordinary general assembly must be convened by the board if the interests of the association require it or if at least one quarter of the voting members request it in writing, stating purpose and reasons.

(3) Invitations to general assemblies are issued by the board in writing—by letter or, with the member’s consent, by email. The notice period is at least 14 days between dispatch and the meeting date. The agenda must be included with the invitation.

(4) Members’ motions for the agenda must be submitted to the board in writing before the meeting. Motions to amend the bylaws must be received at least 4 weeks before the assembly; other motions at least 7 days before. Emergency motions to amend the bylaws are excluded.

(5) The general assembly is quorate if convened properly, regardless of the number of members present. Each voting member present has one vote. Proxy voting is not permitted.

(6) Resolutions are adopted by simple majority of valid votes cast unless these bylaws require otherwise. Amendments to the bylaws require a three-quarter majority (75%). Resolutions to change the association’s purpose require a 90% majority of the voting members present.

(7) Minutes of the general assembly must be prepared and signed by the minute taker and the chair of the meeting.

§ 11 Auditors

(1) The general assembly elects two auditors for a term of one year. Auditors must not be board members.

(2) The auditors review the cash accounts, bank accounts and bookkeeping at least once per year and report to the general assembly.

§ 12 Dissolution of the Association

(1) Dissolution may only be decided in a general assembly convened specifically for that purpose.

(2) The dissolution resolution requires a 75% majority of valid votes cast by members present.

(3) Unless the general assembly decides otherwise, the acting board members shall serve as liquidators in the event of dissolution.

(4) In the event of dissolution of the association or if tax-privileged purposes cease to apply, the association’s assets—after settlement of liabilities—shall fall to the Badminton Association Berlin-Brandenburg e. V., which must use them exclusively and directly for the promotion of badminton within the meaning of the Fiscal Code. Decisions on the use of assets may only be implemented with the tax authority’s consent.

§ 13 Final Provisions and Entry into Force

(1) These bylaws were adopted by the founding meeting on [insert date]. They enter into force upon registration of the association in the register of associations.

(2) Where these bylaws use gendered language, it shall apply equally to all genders.

(3) If individual provisions are or become invalid, the validity of the remaining provisions remains unaffected.

(4) These bylaws must be signed by at least seven founding members. The board is then obliged to apply for registration in the register of associations.

(5) Nexus Badminton Berlin e. V. aims to obtain recognition as a non-profit organization. The board will submit these bylaws to the competent tax authority to obtain an advance confirmation of non-profit eligibility.

(6) If registry or tax authorities require formal amendments to these bylaws, the board may implement such changes independently. Such amendments must be communicated to all members without delay and must be confirmed retroactively by the next general assembly.