§ 1:  Definition, location, financial year

1. The association is called "ASAMnet" - Bürgernetzträgerverein für den Landkreis Amberg-Sulzbach und die Stadt Amberg - [Citizens support association for the district A-S and the town of Amberg]. It shall be entered into the register of associations and hitherto be called "registered charity" [e.V].
2. The association is located in Amberg.
3. The association's financial year mirrors the calendar year.

 

§ 2: Aims and purpose of association

1. The purpose of the association is to provide and operate the infrastructure necessary for fulfilling the citizen nets aims and provision of online services and the promotion of electronic communication and electronic information flow on a national and international level.
2. To this end, the association shall in particular
   
   1. provide and operate access to long distance networks, in particular the internet
   2. support citizens in fulfilling basic requirements for subscribing to telecommunication services (e.g. hardware selection, installation) as well as creating public access to telecommunication services
   3. install and operate electronic communication and information systems , making them available to citizens in the catchment area of cooperating citizens networks and to the networks themselves and to cooperating online services,
   4. itogether with other providers of telecommunication services create and provide a range of meaningful, citizen orientated and socially balanced information
   5. within its capabilities provide its members and third parties with services.
3.  The association is non-profit-making with non-business aims.
4.  Association resources may only be used for constitutional aims. Members receive no financial contributions from association resources. No person shall benefit from monies not in keeping with the body's aims, or through disproportionately high payments.
   Expenses will be paid with approval of the committee.
   
   

§ 3: Membership

1. Any natural, legal person under private and public law may become a member, as well as unregulated clubs and similar organisations.
2. Membership applications must be made in writing to the committee who have final say on acceptance.
3. Applicants may appeal againgst committee application refusals, which shall be justified. Appeals must be made in writing to the committee within one month of refusal. The next General Assembly will pass judgement on the complaint.
4. For membership of minors written consent of the legal guardian is required.
5. The committee shall draw up conditions of use for all members.
6. Membership shall be terminated by resigning, cancellation, death of members or in the case of legal professionals loss of legal capacity.
7. Resignation from the association shall be made in writing to the committee. It is valid from the end of the business year with 3 month's prior notive necessary.
8. The committee may choose to expel members who fail to keep up with fees despite reminders. This shall be communicated to the member.
9. A member deemed to have seriously abused the interests of the association may be expelled by the committee. The member has the right to appeal before enforcement, within reasonable time.

§ 4: Association funds

The associations is financed in particular from membership fees, usage fees and contributions.

 

§ 5: Bodies, liability

1. Association bodies are the General Assembly and the Committee.
2. The association is only liable in association matters for people covered by the constitution in so far as its bodies or other persons are guilty of gross misconduct or deliberate actions. The bodies and office holders are only liable to the association and persons covered by this constituion only for deliberate actions or gross misconduct. Use of association installations is at members' own risk.

 

§ 6: General assembly

1. The general assembly is the associations primary body. It is responsible in particular for the following:
   1. Receiving committee reports,
   2. Setting membership fees and settlement date and usage charges,
   3. Electing committee members and the treasurer,
   4. Resolutions pertaining to changes in the constitution and dissolution of the association,
   5. Resolutions pertaining to appeals against committee decisions to decline new membership applications or expulsions.
   6. Relieving the committee, approval of year end reports,
   7. Approval of budget drafted by the committee.
2. The regular General Assembly takes place once a year. Additionally, the General Assembly must be summoned when deemed necessary in the interests of the association or when one fifth of members demand a sitting, giving the aims and reasons for their appeal in writing to the committee.
3. Each member will be invited to the General Assembly within 2 weeks by means of email or written invitation by the Chairman, or when prevented his deputy. The intended agenda should be provided. In addition the invitation will be published with agenda on the association's electronic media.
4. Any member may make a written or Email application to the Chairman for further late agenda points to be included, at least one week before the day of the General Assembly. If further issues are not proposed until the meeting, the General Assembly shall decide whether they should be included in the agenda.

 

§ 7: General Assembly resolutions.

1. The General Assembly will be chaired by the Chairman, or when prevented by his deputy. For elections the chairing of the meeting can be transferred to an election committee for the length of the election process and the preceding debate.
2. All members over the age of 14 have a right to vote at the General Assembly. In der Mitgliederversammlung ist jedes anwesende Mitglied ab dem vollendeten 14. Lebensjahr stimmberechtigt. Any correctly summoned general assembly is quorate, irrespective of the number of members present.
3. Unless otherwise outlined in the Constitution, resolutions are passed by simple majority of votes cast. Abstentions are not counted. Changes to the Constitution or for dissolution of the Association require a three quarters majority of votes cast.
4. The procedure for casting votes shall be laid down by the Chair of the meeting. The vote must be taken secretly however, if one fifth of members present request it.
   Committee members will be voted in writing.
5. Minutes of the General Assembly proceedings must be taken, for signing by the Chairman, detailing place and time of the meeting, the person who chaired the Assembly, attendance list, the agenda, resolutions, results of votes and the voting method.

 

§ 8: Committee

1. The committee consists of the Chairman, the deputy Chairman, the Secretary, the Treasurer, a representative of the support association and up to 7 further members.
2. The committee, with exception of the representative of the support association, is elected by the General Assembly for a 2 year period. Committee members remain in office after the end of the period of office until new elections are held.
3. If the Chairman or his Deputy leaves his office a General Assembly shall be summoned within the next 3 months to elect his successor.
4. If a further Committee member leaves his office, the Committee shall name a replacement from members who shall assume their committee position by the next General Assembly.

 

§ 9: Responsibility of Committee

1. The committee is responsible for all association matters not covered by this constitution and other organs. Primarily it is responsible for:
   1. Preparing the General Assembly and drafting the agenda,
   2. Summoning the General Assembly,
   3. Executing resolutions passed at the General Assembly,
   4. Recruitment and membership of advisory bodies
   5. Administering association funds,
   6. Drafting annual and treasury reports,
   7. Passing resolutions by taking on and excluding association members,
2. The committee is bound by terms of business.
3. Under paragraph § 26 of the BGB the committee is the chairman and his deputy; both have signatory authority. Between the two, the deputy chairman is only entitled to deputise when the chairman is otherwise prevented.

 

§ 10: Committee meetings

1. Committee meetings should be called by Email at least one week in advance, by the Chairman or when prevented by the deputising Chairman. The committee is quorate when at least half of the members are present. Committee decisions are passed by a simple majority of valid cast votes. Should there be no majority, the Chairman's vote or that of the committee member chairing the meeting decides.
2. Minutes of the committee meeting should be taken by the Secretary. They should contain details of place and time of meeting, names of participants, resolutions and results of votes.

 

§ 11: Book-keeping

1. The treasurer shall keep the association books and draft annual accounts.
2. The annual accounts shall be checked by 2 auditors who are each elected for 2 years amd are not members. They should submitted for approval at the General Assembly.

§12: Association dissolution

1. The Association can only be dissolved at a General Assembly summoned for that reason.
2. If the Association is dissolved and insofar as remaining equity is greater than current capital equipment of members and the overall value of installations, it shall be transferred to the Fachhochschule Amberg-Weiden.
   
   

§ 13: Inapplicable clauses

1. Should an individual clause in this Constitution be or become inapplicable or incomplete, this shall have no effect on remaining clauses.
2. Inapplicable clauses shall be changed or extended with approval of the General Assembly such that they then fulfill the initial aim.

This Constitution was approved at the founding meeting on 18.09.1997.
Thia actual version contains the changes by the General Assembly on 31.01.2003 and the changes by the General Assembly on 27.01.2006.
       
       
Founder members:
Richard Ertl, Manfred Lehner, Heribert Schuller, Josef Bayer, Edi Kraus, Peter Nagler, Kurt Schneider