STATUTES OF THE PARENT–CHILD CENTER SCHWABING/MAXVORSTADT E.V.
§ 1 Name, Registered Office, Fiscal Year
(1) The association is named “Eltern–Kind–Zentrum Schwabing/Maxvorstadt e.V.”
It shall be registered in the Register of Associations at the Local Court (Amtsgericht) of Munich.
(2) The registered office of the association is Munich.
(3) The fiscal year corresponds to the calendar year.
§ 2 Purpose, Objectives, and Tasks of the Association
The purpose of the association is the promotion of education and upbringing.
The association aims to counteract the increasing isolation of parents that can arise in a big-city environment, especially when social contacts decrease due to reduced or interrupted employment after the birth of a child.
The association supports families in Schwabing/Maxvorstadt in coping with their life situations and parenting responsibilities.
The association also provides advisory and supportive services in addressing intrafamilial conflicts, including generational conflicts, and fosters mediation between different genders, social classes, and nationalities.
Another goal of the association is to promote intercultural encounters among German and international families and their children living in Schwabing.
To achieve its objectives, the association offers educational and counseling services, as well as cultural programs tailored to the needs and interests of German and international parents and their children, supporting the integration of foreign families.
By creating a self-organized parent–child center, the association provides a community space for families in Schwabing/Maxvorstadt.
(1) The association is politically and ideologically neutral.
(2) The association serves the purpose of civic education.
(3) The association operates and maintains a parent–child center.
§ 3 Non-Profit Status
(1) The association acts selflessly and does not primarily pursue its own economic interests, but exclusively and directly serves non-profit purposes within the meaning of the German Fiscal Code (Abgabenordnung), §§ 51 ff. AO.
(2) Association funds may only be used for purposes consistent with the statutes.
Members shall not receive financial benefits from association funds.
No person may be favored through expenditures that are unrelated to the association’s purpose or through disproportionately high compensation.
§ 4 Financial Resources
(1) The association’s financial resources include membership fees, donations, and grants.
(2) Members pay contributions determined by the General Assembly.
A 2/3 majority of members present is required to establish or amend contribution amounts.
(3) Membership fees are due annually at the beginning of the year or, for new members, four weeks after the month of joining.
(4) Members remain liable for outstanding contributions even after leaving the association.
(5) Membership fees already paid will not be refunded if a member leaves during the fiscal year.
(6) In cases of social hardship, membership fees may be deferred, reduced, or waived. The board decides on such cases at its discretion.
§ 5 Membership
(1) Any natural or legal person who supports the association’s objectives may become a member.
(2) Membership must be requested in writing.
(3) The board decides on admission at its discretion.
(4) Membership ends through:
(a) Resignation:
Resignation must be submitted in writing or by email.
Notice must be given with a four-week notice period to December 31 of any given year.
(b) For legal entities, membership ends upon dissolution or loss of legal capacity.
© Membership ends upon the member’s death.
(d) Exclusion:
A member may be excluded with immediate effect by board decision for conduct detrimental to the association, especially conduct that may give rise to liability under the principles of positive breach of obligation.
The member must be given the opportunity to comment before the decision.
Upon request, the excluded member must be given the opportunity to present their case at the next General Assembly.
§ 6 Governing Bodies
The governing bodies of the association are:
(1) The General Assembly
(2) The Board
§ 7 General Assembly
(1) The General Assembly is the supreme body of the association and supervises the board.
It is responsible for all association matters not assigned to the board by law or by these statutes.
Its responsibilities include:
(a) Election and dismissal of board members
(b) Approval of annual financial statements and budget, and discharge of the board
© Setting membership fees
(d) Amendments to the statutes
(e) Dissolution of the association
(2) The General Assembly discusses the annual report submitted by the board and determines the association’s general program.
(3) The General Assembly must convene at least once per year.
It must also be convened if 1/10 of the members submit a written request stating purpose and reasons.
(4) Invitations must be sent at least four weeks in advance by post or email, including the agenda.
The notification is considered delivered if sent to the last address provided by the member.
Additionally, the invitation must be posted visibly in the association’s premises.
(5) Members may request additions to the agenda in writing up to two weeks before the meeting.
(6) The General Assembly has a quorum if at least 10% of the members, but at least three persons, are present.
If no quorum is reached, a second meeting with the same agenda must be called no earlier than four weeks later. This meeting is quorate regardless of attendance.
(7) Decisions require a simple majority.
In case of a tie, the motion is deemed rejected.
Amendments to the statutes require a 2/3 majority.
(8) Two auditors shall be appointed by the General Assembly to review the annual accounts and assess the budget.
§ 8 Board
(1) The board consists of at least two association members. The number of board members is not limited. Responsibilities are assigned internally.
(2) The board is elected by the General Assembly for a two-year term and remains in office until a new board is elected.
Elections are conducted openly unless a secret ballot is requested.
A simple majority is sufficient.
Re-election is possible.
(3) The board manages the daily business of the association and is accountable to the General Assembly. Its key tasks include:
(a) Preparing the General Assembly
(b) Preparing the annual budget
© Preparing the annual report
The board is bound by resolutions of the General Assembly.
(4) The association is represented by two board members jointly.
(5) Board decisions require a simple majority. In the event of a tie, the motion fails.
(6) All board resolutions must be recorded in writing and signed by a board member.
(7) In urgent cases, resolutions may be passed in writing or by telephone if all board members agree to the procedure.
(8) Board members may receive appropriate compensation for their work.
(9) Board members may also be employed by the association as part of the administrative staff.
§ 9 Minutes and Regulations
(1) Minutes must be taken for every General Assembly. Resolutions must be recorded in writing and signed by the Chairperson and the Secretary.
(2) The association may adopt internal regulations. These are not part of the statutes.
The board is responsible for issuing, amending, or revoking regulations.
§ 10 Dissolution
(1) The dissolution of the association must follow legal requirements.
(2) Upon dissolution or loss of non-profit status, the association’s assets shall be transferred to Mütterzentrum Sendling e.V., Brudermühlstr. 42, 81371 Munich, to be used exclusively for charitable, benevolent, or religious purposes.
§ 11 Liability
The association’s liability is limited to intentional and grossly negligent breaches of duty by board members.
Liability for simple negligence by association bodies or auxiliary persons toward members is excluded.
Members asserting claims must prove fault and causation.
Direct personal liability of members, including board members, toward the association or third parties is excluded.
§ 12 Final Provision
These statutes were adopted by the founding assembly on April 23, 2002, in Munich.
Amendments from the General Assemblies on November 28, 2003; May 10, 2004; November 18, 2015; February 11, 2020; and July 15, 2025 have been incorporated.