sw-bs.de » about us » Satzung
Statute
§ 1 – Legal status, tasks and authority
(1) The Studentenwerk Braunschweig located in Braunschweig is capable of holding rights because it is an institute of public laws with the request to aid and counselling economically, health-wise, socially and culturally students in
1. University of Fine Arts Braunschweig,
2. Technical university Braunschweig,
3. College of higher education Braunschweig/Wolfenbüttel,
4. University Hildesheim,
5. HAWK Hildesheim,
6. University Lüneburg.
The Studentenwerk admits themselves to the principles of gentle contact with natural ressources and sustainable economising.
(2) The taks are perceived as a task of self-management insofar it is not transfused as governmental affair to the Studentenwerk Braunschweig.
(3) The Studentenwerk works with the universities and especially with the student body during the performance of their tasks. Student council and universities want to aid each other in the limits of their possibilities with the tasks.
(4) The purposes of the statutes are realised especially through:
- planning, construction, management and maintenance of the residential accomodations also through the management and interposition of accomodation for students,
contruction and the preparation of day-care centres and kindergardens for students
*operation and maintenance of the refectories, cafeterias and residental accommodations - the accomplishment of the public grants,
- the procedures of the collegiate health services and social services, subject to the displacement legal regulations,
- the procedures for the cultural aid of students,
- the permission of student loans.
The ministry can transmit through legal regulations other tasks as state affairs.
(5) The Student council participates within its tasks to the further developement of universities. It can assume tasks concerning an university by contract with an university; the contract needs the authorisation by the ministry.
(6) The institutes of the Student council can be made available to other people or other institutes, insofar it is conformable with paragraph 1 and paragraph 4.
(7) The Student council informs the public about their work.
(8) The Student council is qualifed within the Lower Saxony data security law and the German Data Protection Law, individual-related collection of data and the processing of such data.
(9) The Student council administrates the official seal with the signature „Studentenwerk Braunschweig“.
§ 2 – Public utility
(1) The Studentenwerk is acting generious; it follows immidiate non-profit or charitable aims in terms of the regulation „Steuerbegünstigte Zwecke“ (tax-sheltered aims)of the tax law. In the first instance own profits are not aimed at.
(2) The tax-sheltered economical firms of the Studentenwerk are contructed and managed as such so that basic regulations of economic efficiency are considered.
Such firms should only be supported regulary if they are special-purpose business (§§ 65 and 68 AO) or an institute of welfare work (§§ 66 AO), which are not aimed at realisation of profit.
(3) Funds of the Studentenwerk must only be used for the aims of the articles. Nobody ought to be benefit by expenses which are different from the aims of the Studentenwerk or to be benefited through dispropotional high allowances.
(4) The legality of the common public interest in aims for the several commercial institutes is specified in the regulations for the executive board.
As far as a facility of welfare work (§ 66 AO) exists, charitable aims have to be followed in regards ti § 53 AO.
§ 3 – Capture of funds
(1) The Studentenwerk get their funds needed to fulfil the tasks through
1. remuneration of services,
2. financial aid of the province according to § 70 paragraph 3 NHG,
3. contributions of students according to articles of contribution,
4. refund of expenses for the realisation of state or other university tasks,
5. allowances of third.
(2) The students of universities in the area of responsibility of the Studentenwerk Braunschweig are obliged to pay an contribution to the Studentenwerk.
§ 4 – Management
(1) The management and the accountancy act in accordance with the principles of commerce. The regulations of the German Commercial Code about big capital companies have to be applied correspondingly in the year-end accounts.
(2) The Studentenwerk puts up an economic plan for each business year. The year-end account has to be proved by an accounting firm. The business year begins 1. January and ends 31. December.
§ 5 – Institutions
1. Institutes of the Studentenwerk are
- administrative board,
- directorate,
- manager,
- local counsellors.
2. Woman have to be enlisted appropriately in the institutes.
3. The institutes give themselves terms and conditions.
§ 6 – Administrative board
(1) The administrative board
1. votes for the chairperson and the other memembers of the directorate and their substitutes according to § 7 paragraph 2; those can not be members of the administrative board,
2. orders and dimisses the memembers of the management board and regulates their employment status; these activities need the approval by the ministry,
3. determines with 2/3 of the memebers with voting power the articles of organisation and their admendments,
4. determines the economic plan,
5. orders the accounting firm,
6. dismisses the management board due to the proved year-end account (§ 109 LHO),
7. determines with the majority of the members with voting power the articles of contributions and establishes the contributions for the Studentenwerk,
8. determines the general rules for the management board and
9. receives the annual statement of accounts from the management board.
(2) 1. The administrative board consists of:
- in each case one member of the institute from the student body of each university in the area of responsibility of the Studentenwerk
- in each case a member from the middle out of the chairmanship of each university in the area of responsibility of the Studentenwerk
- two members from economics and administration; they are appointed by the chairperson with help of the majority proposal of the other members.
2. Advisory function have the:
- members of the management board
- members of the directorate
- two members of the Employee Committee.
(3) The administrative board votes out of the middle of the chairmanship from one university in the area of responsibility of the Studentenwerk, one chairperson.
(4)1. The term of office of the collegiate members from economics and management is 2 years. It begins on 1. January of a year and ends on 31. December after 2 years. If there’re no reelection till maturity of the term of office, the members stay in office till the 30.04. of the following year at the latest. 2. The term of office of the chairperson is 2 years; it begins on 1.10. in the year after the voting of the collegiate members from economics and management.
(5) The chairperson summons a meeting at least once a year with the administrative board; the calling of a meeting has to be announced to the members at least 14 days before with information about the agenda item.
(6) If in case of retirement or hindrance of a member of the administrative boards, a substitute can be voted from the committee with voting power.
(7) The reelection or re-appointment of a member is valid.
(8) A deselection and countermand is impermissible.
§ 7 – Directory
(1) The tasks of the directory are:
1. Preparation of the resolutions for the administrative board,
2. approbation for purchase, sale of property and for land charge,
3. approbation for participation in companionships and organisations,
4. approbation for borrowing or for the take-over of guarantee of payment of loan,
5. approbation during conclusion of an company agreement or entry into an company for scales,
6. approbation for engangement and dimiss of staff from salary band IV a BAT or comparable salary; extraordinary cancellations is § 8 paragraph 2 page 3 out of the articles applie,
7. submission of proposals for the further development of the Studentenwerk.
(2) The directorate consists of
1. chairperson,
2. three students who are elected by the collegiate members of the administrative board,
3. three none collegiate members of the university who are elected by the none collegiate members of the administrative board,
4. members of the management board with an advisory vote.
(3) The members of the directorate vote out of the middle the substitute chairperson.
(4) The directorate has the right to disclosure through the management board.
(5) The directorate convenes at least twice in the semester; the calling of an meeting has to be announced through the chairperson to the members at least 14 days beforehand with the agenda. The chairperson has to call in an meeting within three weeks, when two members with voting power or the management board wishes so. If the case of extraordinary cancellations according to § 7 paragraph 1 cypher 6 the period of time concerning the calling of meeting cuts down to one week.
(6) 1. The members of the directorate are elected for 2 years. The terms of office begins 1. January and ends 31. December of the following year. 2. If a reelection doesn’t take place till the end of the term of office, the members stay in office till the reelection, at latest till 30.04. of the following year. 3. § 6 paragraphs 6 and 7 apply logically. 4. A dismiss of members of the directorate is possible with a 2/3 majority of the memeber of administrative board with voting power. Such a decision unfolds immidiate effect. Such an application (meeting) can only be decided on if the members of the administrative board were informed about the adequate and on the due date invitation to the meeting.
§ 8 – Management board
(1) The management board
1. controls the Studentenwerk and represents it to the public,
2. puts up the annual accounts according to § 109 LHO,
3. acts out the economic plan of the Studentenwerk,
4. presents the annual statement of accounts,
5. performs the statutory supervision over the institutes of the Studentenwerk,
6. keeps the order of the Studentenwerk and performs the domestic authority,
7. is supervisor of the employees of the Studentenwerk,
8. prepares the resolution of the directorate,
9. reports to the administrative board and to the directorate continously about important businesses.
(2) The management board can obtain calling of meeting with the directorate and administrative board in urgent cases if the agenda is announced. These institutes participate in the decision-making about the agenda. If the decision can not be made in time the management board decides about the required activities alone and informs the institute immidiately about the decided activities.
(3) Tasks which are transmitted to the Studentenwerk as an state requestare only incumbent upon the management board, insofar they are not determined differently due to special provisions of law.
(4) The chairperson of the administrative board represents the Studentenwerk obverse the management board.
§ 9 – Tasks and composition of the advisory committee
(1) The local advisory committee have following tasks:
directive about the local budget within the appropriation of payment of the economic plan,
submission of proposals to the institutes of the Studentenwerk,
assistance to the institute during the realisation of the request.
(2) The local advisory committee consists of the presidential and collegiate members of the administrative board and the directorate at the location of the university. With advisory voice:
authorised person of the management board of the Studentenwerk Braunschweig and the particular leadership of the outpost,
particular member of the employee committee elected by the employee committee of the Studentenwerk Braunschweig,
local agent of the AStA (universities at the location).
(3) If the management board was permitted by the administrative board to command over particular budgets within the appropriation then the management board should mandate the advisory committee to turn in an recommendation for the disposition of funds according to the requirements of the determination by the administrative board; deviances from the recommendation are to be justified in written form and the advisory committe has to be informed.
(4) The local advisor elects out of the middle one chairperson who calls in the meeting in co-ordination with the management board and determines the temporary agenda.
(5) The local advisory committee hold in a meeting at least once in the semester.
§ 10 – Liabilities
§ 86 NBG applies to the members of the institutes of the Studentenwerk insofar they are not liable in any other way.
§ 11 – Legal status of members in the administrative board and the directorate
(1) The members of an institute are obligated to contribute with their work to the effectiveness of the tasks of the Studentenwerk. They are not bond to any instruction and request during the exertion of their voting power.
(2) All members of an institute have the same voting power. Anyone who belongs to an institute with advisory voice has all right of a member except the voting right.
(3) Members of institutes do not participate in counselling and decisions if others (oneself,spouse, relatives till 3rd degree, related by marriage till 2nd dgree or persons by law or authorization) get a personal advantage or disadvantage.
§ 12 – Elections
(1) The election takes place according to the principles of the connection election of people – list election. During the disposition of seats the order of the candidates on the list acts on the number of apportiable votes. Propositions for one person voting is allowed. The election takes place after the principles of majority voting, if
only propositions for one person voting are available
only one propositions of list election is available or
only one member is to be elected.
(2) Temporarly not staffed seats are to left open.
§ 13 – Publicity
(1) Administrative board and directorate don’t meet in public. The publicity can be allowed by adjudication.
(2) The employee concerns are not discussed and decided in public meetings. Decisions in employee concerns are made in secret votings. Determinations are to be hold confidential insofar the instititute decides otherwise.
(3) Property or economical concerns are not discussed and decided in public meetings if disadvantages for the province, Studentenwerk, participated or affected natural or judical people could develope by discussions in public meetings.
(4) The chairperson performs the domestic authority in the conference room; § 8 paragraph 1 Nr. 6 will remain uneffected.
§ 14 – Decisions
(1) The institutes have a quorum when the meeting was called in proper form and the majority of members with voting power is present. The person running the meeting assesses the quorum at the beginning of the meeting. The institute has a quorum as long as the quorum has been made unvalid by a member; this member counts during the statement to the present members.
(2) If the person running the meeting assesses an absence of a quorum he or she calls in another meeting for the unsettled agenda points which has to take place in the next three weeks. This one is competent; hereunto is to be pointed at by the invitation. Election and decisions according to § 6 paragraph 1 nr. 1 till 3 can only be made after quorum according to § 14 paragraph 1 line 1 in the second meeting.
(3) Decisions are made with the majority of the delivered valid votes insofar nothing else is decided by the articles. Abstentions are considered to be an undelivered vote. A decision is not made if more than half of the votes(present members with voting power) are delivered unvalid or the members abstain from voting. On request is the vote of a minority to be added to the decision.
(4) As far as only parts of an institute have voting power for a decision then applies paragraph 1 in regard to those members with voting power.
(5) If the election of an institute or various members of an institute is annuled or if the formation changes due to reelection, the effectiveness of previous decisions and official acts is not touched.
§ 15 – Anulment of the institution
In case of annulment of the institution the property incurrs to the universities in the area of responsibility of the Studentenwerk Braunschweig propotional per number of students immatriculated. The universities use it exclusively and immediate for the statutory functions for the propose of § 1 paragraph 4.
§ 16 – Coming into effect
These articles of association require the authorization of the ministry of science and culture of Lower Saxony. The articles come into effect after their release.