§1 Name, seat and field of activity, club colours
The club shall bear the name Sportklub Puntigamer Sturm Graz (SK Puntigamer Sturm Graz). After any withdrawal or non-renewal of Puntigamer as name sponsor of SK Puntigamer Sturm Graz, a new sponsor will no longer appear in the club name, thus the official name will be SK Sturm Graz. For contracts concluded in the future, no sponsor shall be granted the right to have the sponsor's name become part of the club name. The registered office of the club is Graz.
Its activities extend to the whole of Austria. The sport may also be practised abroad.
The club colours shall be black and white. The club colours shall be largely taken into account with regard to corporate identity as well as kit design.
The logo of the club shall be as shown below and shall not include the name of a sponsor.
The purpose of the club, whose activities are not profit-oriented, is the cultivation, promotion and practice of the sport of football, to the exclusion of any political tendency.
The club is run on a non-profit basis by an elected voluntary board.
§3 Means to achieve the purpose of the club
1. The purpose of the club shall be achieved by the following ideal and material means. The ideal means are:
- Sports events
- Lectures and discussions
- Participation in charitable or other non-profit events and activities
- Publication of a members' newspaper
2. The necessary material means shall be raised by:
- Membership fees / joining fees
- Income from sporting or social events
- Donations and sponsorship contributions
- the other financial exploitation (e.g. renting of its sports facilities)
- Proceeds from events, legacies and other donations
3. The funds of the club may only be used to cover expenses for the purposes of the club.
4. The club is entitled to spin off commercial activities or sporting activities into other legal forms than shareholdings of the club, provided that this promotes the purpose of the club or is necessary for other legal or economic reasons.
§4 Types of membership
1. The members of the club are divided into:
- ordinary members
- extraordinary members
- Honorary members and honorary presidents
- exercising members
- young sportsmen and sportswomen
- Family members
- Children and youth members
- Ordinary members are those who pay an annual membership fee in the amount determined from time to time by the general assembly and are invited to participate fully in the work of the club.
- Extraordinary members are those who further the purposes of the club by paying an annual subscription in an amount also to be determined by the general meeting, or by other contributions of any kind.
- Honorary members or honorary presidents are persons who have been appointed for special services to the club.
- Sports practising members are those who practise the sport of football in the club and have already passed the age of 18 without being a full or club member.
- Young sporting members are those who have not yet reached the age of 18. The admission of a young person can only be effected by a written declaration of consent of his/her legal representative.
- Family members are those who pay an annual membership fee in the amount determined by the general assembly, whereby not only the payer becomes a member, but also with the consent of his/her spouse and those children who have not yet reached the age of 18. One of the family members shall have the rights of a full member.
- Children and youth members are children and youth from birth until they reach the age of 15. Children and young people can only be admitted by a written declaration of consent from a legal representative. The corresponding annual membership fee must also be paid. Child and youth membership shall be considered as extraordinary membership.
§5 Acquisition of membership
- All natural persons may become members of the club after submitting an application for membership and after the board of directors has passed a resolution by simple majority.
- The executive committee is obliged to inform the applicant of the acceptance or rejection of his/her application for membership within 8 weeks of receipt of the application. The reasons for any rejection of membership shall be communicated to the applicant. A general stop of admission as a reason for rejection is not permitted.
- Appointment as an honorary member shall be made by the executive board with a majority of two thirds of the votes cast.
- An appointment as honorary president can be made by the general assembly upon proposal of the executive committee or 1/10 of the ordinary members with a simple majority. Prerequisite for the appointment as honorary president
- Is a previous presidency and retirement from active club leadership.
§6 Termination of membership
- Membership shall expire by death, by voluntary resignation or by expulsion.
- The expulsion of a member from the club may be decided by the executive committee on the basis of a motion of an ordinary member due to gross violation of the member's duties, in particular due to dishonourable or club-damaging behaviour. In particular, the failure to pay the membership fee on time shall be considered a breach of membership obligations. The expulsion must be demonstrably announced to the expelled person within fourteen calendar days and reasons must be given.
- The revocation of an honorary membership may be decided by the executive board in justified cases by a simple majority of the votes cast.
- The revocation of an honorary presidency may be decided by the general assembly in justified cases upon motion of the executive committee or 1/10 of the ordinary members with a simple majority of the votes cast.
- An appeal against the exclusion as a member or the deprivation of honorary membership or honorary presidency may be lodged with the arbitral tribunal within one calendar month of the notification of the reasons, and membership rights shall be suspended until the tribunal has reached a decision.
§7 Rights and duties of the members
- All members have the right to participate in the general assembly. However, only ordinary membership and family membership in accordance with the provisions of § 9.7 shall confer the right to vote at the general assembly. This right to vote shall accrue in the second year of uninterrupted membership.
- The active and passive voting rights as well as the right to vote of members who are contract or licence players within the meaning of the regulations of the ÖFB shall be suspended for the duration of this contractual relationship.
- All members shall pay a registration fee and the regular membership fees. These shall be determined by the general meeting and shall be paid within two weeks of receipt of the request for payment. All members are obliged to promote the interests of the club to the best of their ability and must refrain from doing anything that could harm the reputation and purpose of the club. They shall strictly observe the statutes and the resolutions of the club.
- Members who have been awarded the title of honorary president by the general assembly shall have a seat on the executive committee
- At least 1/10 of the members may request the executive board to convene a general assembly.
- The members shall be informed annually by the executive committee about the audited accounts and the financial management of the club. This obligation to provide information is fulfilled by the executive board making the financial report on the past financial year, as presented to the members at the general assembly, available for inspection in the secretariat of the club. It is not intended to take away or make copies of this report.
- The members shall be informed by the executive committee at each general meeting about the activities and the financial management of the club. If at least 1/10 of the ordinary members so request, stating their reasons, the executive committee shall also provide such information to the members concerned within four weeks in writing or in the club's newspaper.
§8 Organs of the club
The organs of the club are
- the general meeting
- the executive board
- the presidium
- the arbitral tribunal
- 2 auditors if no auditor is to be appointed.
§9 General Assembly
- The general assembly is the highest organ of the club. All other organs of the club are accountable to it.
- An ordinary general meeting shall be held every four years. A members' Information day is held every two years at which members can submit resolutions to the executive committee.
- An extraordinary general meeting shall be held
- upon resolution of the board of directors
- at the request of the president
- at the request of the auditor or both auditors
- upon written substantiated request of at least 1/10 of the members entitled to vote at a general meeting, or
- upon resolution of the ordinary general meeting
in accordance with the requirements of § 11.10. of the Statutes within four weeks from the date of receipt of the request or from the date of the resolution to convene an extraordinary general assembly.
- The date of the ordinary or extraordinary general meeting shall be announced to the voting members at least two weeks before the date in writing or by an advertisement in the club newspaper "Sturm-Echo" or in official Sturm information channels or on the Sturm homepage or in the two daily newspapers with the highest circulation in Styria. The announcement of the general meeting has to include the agenda.
- Motions for the general meeting must be received by the Sturm secretariat at least one week before the date. Other motions can only be admitted for resolution if the general meeting decides so with a majority of two thirds of the votes.
- Valid resolutions - except those on a motion to convene an extraordinary general meeting - may only be passed on the items on the agenda.
- Each ordinary member shall have only one vote. In the case of family membership, the right to vote shall be granted to a person to be named before the beginning of the general assembly. The transfer of the right to vote is not permitted. The general assembly shall constitute a quorum irrespective of the number of voting members present.
- As a rule, elections and resolutions shall be passed by a simple majority of the votes cast. Resolutions to amend the statutes of the club or to dissolve the club shall require a qualified majority of two thirds of the valid votes cast.
- The general assembly shall be chaired by the president or, if he is unable to do so, by one of his deputies. If they are also prevented, the oldest board member present shall chair the meeting. If the entire executive committee is prevented from attending, the oldest ordinary member present shall chair the meeting.
- Those members who have not completely fulfilled their financial obligations towards the club by the beginning of a general meeting shall not have the right to vote.
§10 Scope of duties of the General Assembly
The following tasks are reserved for the general meeting:
- The acceptance of the statement of accounts of the executive board and the financial statement
- Election or removal of the members of the executive board and the auditor or two auditors if no auditor is to be appointed.
- Discharge of the executive board
- Adoption of resolutions on the amount of registration fees and membership fees.
- Award or withdrawal of the title "honorary president".
- Resolutions on amendments to the statutes and the voluntary dissolution of the club.
- Consultation and resolution on other matters on the agenda.
§11 Board of Directors
- The executive committee shall consist of at least 5 and at most 15 ordinary members to be elected by the general assembly. This election shall take place without designation of functions.
- Within 14 days of its election, the board shall elect from among its members the following officers, who together shall constitute the presidium:
- The president
- one or two vice-presidents
- the chief financial officer
- the deputy of the chief financial officer
At least two thirds of the members of the executive committee must be present to appoint the individual officers. However, if the executive committee fails to reach the required majority for the appointment of individual officers twice in succession, the executive committee shall have a quorum for the election of individual officers at the third meeting of the executive committee, irrespective of the number of members present.
3. The term of office of the executive committee shall be 4 years. In any case, it lasts until the election of a new board. Re-election is possible. Each function in the executive board shall be exercised personally.
4. A new election of the members of the presidium is possible at any time. With regard to the requirements for resolutions, § 11.2 shall apply mutatis mutandis.
5. The members of the executive board may resign at any time. The notice of resignation shall be demonstrably addressed to the executive board. The resignation of the entire executive board shall be addressed to the general assembly. However, such resignation shall only become effective with the election of a new executive board.
6. The executive committee shall be convened in writing or orally by the president and, in his/her absence, by a vice-president or by the chief financial officer.
7. The Board shall constitute a quorum if all its members have been invited and at least half of them are present.
8. Resolutions of the executive board shall be adopted by a simple majority of votes. In the event of a tie, the chairperson shall have the casting vote. The annulment or amendment of a Board resolution as well as the resolution on the exclusion of a member require a majority of two thirds of the votes.
9. Apart from death and expiry of the term of office, the function of a member of the executive committee shall expire by removal by the general assembly, by resignation or by loss of ordinary membership.
10. The executive committee has the right to co-opt further ordinary members to the executive committee until the set maximum number of 15 executive committee members is reached. As soon as the number of co-opted members exceeds 2/3 of the number of board members elected by the general assembly or in any case reaches 7 co-opted board members, the board shall convene an extraordinary general assembly with the agenda item "new elections" within a period of four weeks.
§12 Tasks of the Board of Directors
- The executive committee is responsible for the management of the club. It shall decide and dispose of all matters for which the statutes do not provide for the competence of the general assembly or the presidium.
- The executive committee may inspect and examine the books and documents of the club as well as the assets, namely the club's treasury and the stocks of securities and goods; it may also commission individual members or special experts for specific tasks to do so.
- The executive committee shall convene an extraordinary general assembly if the welfare of the club so requires.
- The following business may only be decided by the executive committee and must be brought to the attention of the next general meeting through the financial management report:
- The acquisition and disposal of participations (§ 228 UGB) as well as the acquisition, disposal and closure of businesses
- The acquisition, disposal and encumbrance of real property
- Investments with acquisition costs of more than EUR 100,000 individually and more than EUR 500,000 in total in one business year
- The taking out of loans and credits exceeding the amount of EUR 100,000 in the individual and in the business year
- The conclusion of contracts with members of the presidium and the executive board by which they undertake to render a service to the club outside their activity in an organ of the club in return for remuneration that is not merely insignificant.
- Admission or exclusion of ordinary, extraordinary and family members.
- Appointment or revocation of honorary membership
- Legal transactions between members of the executive board (self-dealing) or their close relatives and the club require the approval of the executive board.
- The establishment of committees pursuant to § 15.
- The executive committee may at any time request a report from the presidium on the affairs of the club, including its relations with club companies.
- The executive committee shall consist of the president, the vice-president(s) and the chief financial officer and the deputy chief financial officer. It is appointed to directly manage the business of the club and to represent the club externally.
- The presidium shall be convened by the president or one of the vice-president(s) or the chief financial officer. The presidium shall take its decisions by a simple majority of votes and shall constitute a quorum if all its members have been invited and at least three of its members are present. If a simple majority of votes is not achieved, i.e. in the event of a tie, the President shall have the casting vote.
- All matters which are not expressly reserved for another organ of the club shall be the responsibility of the executive committee. In particular, the activities of the presidium shall extend to
- Establish an accounting system that complies with the requirements of the association and the legal standard and the requirements of the licensing procedure.
- Preparation of the annual budget and the financial statements;
- Preparation of reports to the board and the general assembly;
- the implementation and supervision of all sports operations;
- convening and preparing ordinary and extraordinary general meetings;
- The president shall head the presidium. He shall be responsible for compliance with the statutes and for convening and chairing the meetings of the executive committee, the presidium and the general assembly. In the event of a tied vote, the president shall have the casting vote.
- The chief financial officer is responsible for the bookkeeping, the accounting of the association including the preparation of the annual budget as well as the cash and account management.
§14 Management and representation
- The management of the club shall be the responsibility of the executive committee. The members of the executive committee shall conduct the business of the club under their own responsibility with the diligence of a prudent businessman in accordance with the law, the statutes, any rules of procedure or a resolution of the general assembly.
- The club shall be represented by two members of the presidium in such a way that the president or one of its two vice-presidents shall sign jointly with the chief financial officer or the deputy chief financial officer.
- The executive committee may decide to delegate the management of the association to full-time managing directors, who shall thus become members of the presidium. The managing directors shall be liable to the association for any misconduct in accordance with the general principles of the law on damages.
- Committees may be appointed by the executive committee to prepare or carry out specific matters of the club. These committees shall be accountable to both the executive committee and the general assembly.
- The members of the committees, who need not be members of the club, shall elect from among themselves a chairman and a deputy chairman, as well as such other officers as may be required.
§16 Auditors - Statutory auditors
- The auditor shall be selected and appointed by the general meeting.
- If the size characteristics of the club pursuant to § 22 (2) club Act 2002 do not require the appointment of an auditor, auditors shall be elected by the general assembly for the term of office of the executive board. Re-election is possible. The auditors or the auditor may not belong to any body - with the exception of the general meeting - whose activities are the subject of the audit.
- The auditors are responsible for the ongoing control of the business and the audit of the financial management of the association with regard to the correctness of the accounting and the legally correct use of the funds in accordance with the statutes. The executive board shall submit the necessary documents to the auditor or auditors and provide the required information. The auditor(s) shall report to the executive board and the general assembly on the results of the audit.
§17 Court of Arbitration
- In all disputes arising from the club relationship, the club's internal arbitration court shall decide.
- The arbitral tribunal shall be composed of three ordinary members. It shall be formed in such a way that one party to the dispute nominates a member as arbitrator in writing to the executive board. Upon request by the executive board within seven days, the other party to the dispute shall nominate a member of the arbitral tribunal within 14 days. After notification by the executive committee within seven days, the nominated arbitrators shall elect a third ordinary member as chairman of the arbitral tribunal within a further 14 days. In the event of a tie, a decision shall be made by drawing lots among the nominees. The members of the arbitration tribunal may not belong to any body, with the exception of the general meeting, whose activities are the subject of the dispute.
- The arbitral tribunal shall be convened by the chairperson. The arbitral tribunal shall be constituted within two calendar weeks after the election of the chairperson. The arbitral tribunal shall decide to the best of its knowledge and belief, without being bound by any specific rules. It shall make its decisions in the presence of all its members by a simple majority of votes. The decisions shall be final within the club.
- If the arbitral tribunal does not render its decision within 6 months of the date on which it is called upon to do so without being prevented from doing so for good cause, the party calling upon it shall have recourse to the ordinary courts of law.
- The voluntary dissolution of the club may only be decided in an extraordinary general Assembly convened for this purpose and only with a majority of two thirds of the valid votes cast. This general meeting shall also decide on the liquidation of the Association, provided that the assets of the Association are available. In particular, it shall appoint a liquidation committee and decide to whom it shall transfer the assets of the Association remaining after the liabilities have been covered.
In the event of dissolution, any assets of the Association shall not benefit the members of the Association in any way whatsoever, but shall be used for non-profit sporting purposes. The general meeting shall decide on the use of the funds for these purposes and shall appoint a five-member committee to be responsible for the liquidation of the funds.