Our Statutes

The foundation of our club life.

Our statutes govern the principles and structures of TC Tobacco. They form the foundation for fair, respectful, and sportsmanlike interaction.

Legal Basis
Our statutes clarify the rights and obligations of all members.

Strengthening the Community
It promotes respectful interaction and an active club life.

Clear Structures
Transparent rules ensure good organization and sustainable development.

Binding & Fair
The statutes apply to all members and ensure equal treatment and fairness.

Why Statutes Are Important

 

The statutes are the central set of rules governing our club. They define how TC Tobacco is organized, what rights and responsibilities members have, and how decisions are made. 

 

Through our statutes, we ensure that our club’s activities are based on clear and fair rules - both today and in the future.

 
Current Statute

Statutes of TC Tobacco

§ 1 Name, registered office, financial year

 

1. The association founded on February 19, 2005 is called “Tennisclub Tobacco Hakenfelde e.V.” and is based in Berlin. It is entered in the register of associations and receives the addition “e. V."

2. The club strives for membership in the professional associations of the Landessportbund Berlin e.V. whose sports are practiced in the club and recognizes their statutes and regulations.

3. The financial year is the calendar year.

§ 2 Purpose, tasks and principles of the activity  

 

1. The association pursues exclusively and directly charitable purposes within the meaning of the section “tax-privileged purposes” of the tax code, namely by practicing sports. The purpose is realized in particular by promoting and practicing the sport of tennis. The association promotes children's, youth, adult, popular, competitive, health and senior sport. Members are entitled to participate in regular training and competitions.

2. The association is selflessly active; it does not primarily pursue its own economic purposes.

3. The organs of the association (§ 11) carry out their work on an honorary basis/can carry out their work for an appropriate fee. If necessary, association offices can be exercised within the framework of budgetary possibilities for a fee on the basis of a service contract or against payment of an expense allowance in accordance with Section 3 No. 26 EStG. The decision on paid association activity is made by the Board of Directors in accordance with Section 11.

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

5. The association grants the members of all nationalities and population groups equal rights and represents the principle of party-political, religious and ideological tolerance and neutrality.   

§ 3 Membership  

 

The association consists of:

a) Adult members who have reached the age of 18

b) young members up to the age of 18

c) honorary members

§ 4 Outline

 

If necessary, a separate department can be set up by the board of directors/the general meeting for each type of sport practiced in the club. The sporting and financial matters as well as the representation of the departments to the outside are exclusively regulated and carried out by the board of the association. The provisions of these statutes apply accordingly to the department meetings and the composition and elections of the department boards/the departments give themselves their own regulations, which must, however, be in accordance with the overall interests of the association.

§ 5 Acquisition and Loss of Membership

 

1. Any natural person can be a member of the association.

2. Membership must be applied for in writing, acknowledging the association's statutes. Acceptance is decided upon by the board. A refusal does not need to be justified. In the case of applications for admission by minors, the written consent of the legal representative is required.

3. There is a trial period of 3 months. During this period, the probationary member has no voting rights and may not hold any functions. Excluded from this are the founding members. At the end of the probationary period, the Board of Directors decides whether to accept you as a full member (according to § 3).

4. Membership expires through:
a) Resignation
b) Exclusion
c) death
d) Deletion of the association

5. The resignation must be declared to the board in writing. The notice period is three months to the end of the year.

6. After termination of membership, the obligation to pay the dues up to that point remains.

7. Retired or expelled members have no claim to shares in the association's assets. Other claims must be presented and asserted in writing within three months of membership expiration.

§ 6 Rights and Obligations

 

1. The members are entitled to participate in the association's events within the framework of the association's purpose.

2. All members are obliged to behave in accordance with the statutes, the regulations and the resolutions of the general meeting. The members are obliged to mutual consideration and camaraderie.

3. Admission fees, contributions and allocations are decided by the general meeting in terms of amount and due date. The membership fees are annual fees and are due on March 31st in advance. Allocations may only be used to fulfilling of the purpose of the association and to cover a larger financial need of the association, which cannot be met with the regular contributions. They may be charged at most once a year and in principle only up to the amount of a simple annual membership fee.

§ 7 Measures

 

1. Measures can be taken by the Executive Board against members - with the exception of honorary members.

a) due to significant violation of statutory obligations or violation of regulations and resolutions,

b) due to payment arrears with contributions of more than a half-yearly contribution despite a reminder,

c) due to behavior that is harmful to the club, a serious violation of the interests of the club or gross unsportsmanlike conduct,

d) for dishonorable acts

2. Measures are:

a) Reference

b) Temporary ban on participation in sports activities and club events

c) Expulsion from the association

3. In the cases of § 7.1 a, c, d, the member concerned must be given the opportunity to comment before the decision is made. The member is to be summoned in writing to the board's hearing about the disciplinary measure, subject to a minimum period of 10 days. This period begins on the day of dispatch. The decision on the measure must be sent to the person concerned by registered mail. The decision can be appealed to the general assembly. The appeal must be submitted in writing within two weeks of receipt of the decision. The General Assembly makes the Final decision. The decision is deemed to have been received on the third day after posting to the last address of the person concerned known to the association. The right to a judicial review of the decision remains unaffected.

§ 8  Organs      

 

Die Organs of the association are:

a) the General Assembly

b) the board of directors

c) the committees

§ 9 The General Assembly

 

1. The supreme body of the association is the General Assembly. The most important general meeting is the general meeting. This is responsible for:

a) Receipt of the reports of the Executive Board

b) Receipt of the auditor's report

c) Discharge and election of the board

d) Election of the auditors

e) Election of members for committees

f) Determination of contributions and allocations and their due dates

g) Approval of the budget

h) Amendments to the Articles of Association

i) Resolution on applications

j) Hearing the appeal against a measure (§ 7.3)

k) Appointment/dismissal of honorary members according to § 12

l) Dissolution of the Association

2. The General Assembly takes place at least once a year; it should be carried out in the first quarter of the calendar year.

3. General meetings are convened by the board of directors by means of a written invitation. Members who have given an email address to the board of directors will receive the invitation by electronic mail. Sending the written invitation is sufficient as proof that the invitation was duly and duly submitted. There must be a period of at least four and no more than six weeks between the date of the invitation and the date of the meeting. The agenda must be communicated with the written convening of the general assembly. Requests for amendments to the Articles of Association must be communicated verbatim when the agenda is announced.

4. The General Assembly has a quorum regardless of the number of members present. Resolutions and elections are decided by a simple majority of the valid votes cast. Abstentions do not count as votes cast; A tie means rejection.

5. Changes to the articles of association and changes to the purpose of the association require a two-thirds majority of the valid votes cast.

6. In the case of elections, a secret ballot must take place if at least 10 percent of the votes are cast. H. of those present entitled to vote is requested.

7. Applications can be made:

a) by every adult member (§ 3a)

b) by the board of directors

8. An extraordinary general meeting must be convened by the board if the interests of the association require it or if at least 20 per cent. H. of the members request the convocation in writing, stating the purpose and the reasons.

9. Applications for changes to the statutes and other applications must be received in writing by the board of the association at least three weeks before the general meeting. Applications arriving later may only be dealt with in the General Assembly if their urgency is confirmed by a two-thirds majority. Urgent requests for amendments to the Articles of Association are excluded.

§ 10 Voting rights and eligibility

 

1. Members who have reached the age of 18 have the right to vote and to be elected.  

2. Voting rights can only be exercised in person.

3. All members of the association who are of legal age and have full legal capacity are eligible for election.  

4. Members who are not entitled to vote may participate in general meetings with the right to speak.  

§ 11 Board of Directors

 

1. The board consists of:

a) the chairman

b) the Vice-Chairman

c) the treasurer

d) the sports warden

e) the youth director

2. The youth officer is elected by the young members (§ 3b) and confirmed by the general assembly. The young people of the association lead and manage themselves independently and decide on the use of the funds flowing to them on their own responsibility. The youth are organized. The youth regulations regulate the interests of the youth of the association.

3. The Board of Directors conducts business in accordance with the Articles of Association and the resolutions of the General Assembly. It makes its decisions with a simple majority. In the event of a tie, the vote of the chairman or, in his absence, his deputy decides. The board organizes and monitors the fortunes of the association, the activities of the departments and reports to the general meeting about its activities. The Executive Board authorizes committees to be set up for specific purposes. He can issue binding regulations.

4. The board of directors within the meaning of § 26 BGB are:

a) the chairman

b) the Vice-Chairman

c) the treasurer

5.The association is jointly represented in and out of court by two of the aforementioned board members.

6. The members of the Board of Directors are elected for two years. They remain in office until a new board is elected.

7. The general assembly is chaired by the chairperson or a person authorized by him. Minutes are made of the general assemblies and board meetings, which are signed by the chairman or his representative and the secretary.

 § 12 Honorary Members

 

The General Assembly can appoint persons who have rendered outstanding service to the association to be honorary members with a simple majority of those entitled to vote. Honorary members are appointed with a simple majority until revoked by the general meeting. They have voting rights and are exempt from paying contributions.

§ 13 Complaints Committee/Conciliation Committee/Council of Elders          

 

The Complaints Committee/Conciliation Committee/Council of Elders consists of three adult members who may not be members of the Executive Board. He is elected for two years.    

§ 14 Cash auditor

 

1. The general meeting elects two cash auditors for a period of two years, who may not belong to the board or the committee.

2. The cash auditors must check the cash register/accounts of the association, including the books and receipts, factually and mathematically at least once a fiscal year and submit a written report to the board of directors.

3. The auditors submit an audit report to the general assembly and apply for the discharge of the treasurer and the rest of the board if the cash transactions are conducted properly.

§ 15 Dissolution

 

1. The dissolution of the association shall be decided by a general assembly convened specifically for this purpose with a three-quarters majority of those entitled to vote.

2. Liquidators are the first chairman and the treasurer. The general meeting is entitled to appoint two other members of the association as liquidators.

3. If the association is dissolved or the tax-privileged purpose ceases to exist in accordance with § 2 of these statutes, the association's assets, insofar as they exceed existing liabilities, shall go to the Landessportbund Berlin e. V., who has to use it exclusively and directly for charitable purposes.