Statutes of Studentenwerk Göttingen
I. General Information
(1) Studentenwerk Göttingen, Foundation of public law, based in Göttingen – hereinafter referred to as Foundation – has within the framework of student assistance the purpose to support students of the
a. Georg-August-University Goettingen,
b. Hochschule Hildesheim / Holzminden / Göttingen - Divisions in Göttingen –,
c. Private University of Göttingen
– other students and applicants in exceptional cases - economically, socially and culturally and to provide for their health (according to § 68 (2) NHG).
(2) As a modern social services company, the Foundation sees itself as a partner of students and universities and can provide further university-related services to students, employees and guests of the universities.
(3) In order to generate additional funds for the support of students, the Foundation may render services to third parties, provided that these activities do not restrict the benefits to students.
(4) In relation to its employees, the Foundation carries out the duty of care of a modern, social service company, including the associated services.
The financial year begins on January 1 and ends on December 31.
(1) The management of the Foundation lies in the hands of the Executive Board and the Board of Trustees.
(2) Simultaneous membership in the Board of Trustees and the Executive Board is excluded.
(3) The Foundation shall be represented in and out of court by the Chairperson of the Executive Board, in the event of prevention by the Deputy Chairperson.
II. Executive Board
(1) The Executive Board of the Foundation consists of nine members, namely
a. three members of the Georg-August-Universität Göttingen and the Hochschule Hildesheim/Holzminden/Göttingen - departments in Göttingen within the meaning of § 21 (1) No. 1-4 NHG, of which at least two professors,
b. two employees of the foundation
c. three students of Georg-August-Universität Göttingen d. and the chairperson of the Executive Board.
(2) The members of the universities referred to in paragraph 1) a. are appointed by the Board of Trustees at the suggestion of the Senate of the Georg-August-Universität Göttingen for three years. The students are elected by the student parliament of Georg-August-Universität Göttingen for one year. Staff members of the Foundation are elected by the staff in accordance with the rules governing the election of staff representatives on the Board of the Foundation and are appointed by the Board of Trustees for a term of three years.
(3) A multiple appointment or election is permitted. The members continue to exercise their office beyond their term of office, as long as no new members have been appointed or elected and have taken office. This provision does not apply to the dismissal of a member of the Executive Board pursuant to § 7 (5) i.
(4) The Board of Trustees selects one of the members listed in paragraph (1) a. as the chairman of the board. The Executive Board elects one of the members listed in paragraph (1) a. - c. as the vice-chairman.
(5) The Board of Trustees decides on the appointment and dismissal of the Executive Board member as well as his contract of employment.
(6) The members of the Executive Board receive a lump-sum compensation for their time. The expense allowance is adjusted regularly. The amount of the adjustment is based on the tariff increases (TV-L) and is determined by the Board of Trustees.
(7) The Executive Board member receives a remuneration to be determined by the Board of Trustees for the full-time employment instead of the expense allowance.
(1) The Executive Board has a quorum if at least five of its members are present. Among the members present, one representative from each of the members listed in § 4 (1) a. - c., including the chairperson, in the event of their absence, their representative (s) in accordance with § 4 (4). The Executive Board passes its resolutions by majority vote.
(2) The Executive Board conducts the business of the Foundation in accordance with the economic plan established by the Board of Trustees. The chairperson decides in all transactions, as far as they are not regulated by statutes or decisions of the Executive Board. The chairperson can delegate tasks/responsibilities to the Executive Board member. The chairperson has to bring about a timely decision of the board on all important matters.
In particular, the Executive Board reserves the right to:
a. the preparation of the business plan to be determined by the Board of Trustees,
b. the preparation of the annual financial statements and the management report,
c. the regulation of all matters relating to asset management and the establishment of investment guidelines;
d. the preparation of the draft contribution regulations and
e. informing the Board of Trustees of all significant events of the current financial year.
(3) The Executive Board member manages the day-to-day business and regularly reports to the Executive Board.
(4) The Chairperson is responsible for the agenda of the Board meetings and chairs the meetings. She/he has to bring about all important matters a decision of the board.
(5) For appeals against resolutions of the chairperson, where the chairperson has been overruled, the Board of Trustees may be called within 10 days.
(6) The Executive Board meets as required during the lecture period of the Georg-August-Universität Göttingen at least once a month.
(7) Each member of the board may request the convening of a board meeting within 14 days.
(8) The Executive Board is service authority and supreme service authority within the meaning of the Lower Saxony Personnel Representation Act (Niedersächsisches Personalvertretungsgesetzes NPersVG).
III. Board of Trustees
(1) The Board of Trustees consists of:
a. the President of the Georg-August-Universität Göttingen as chairperson
b. three members of the Georg-August-Universität Göttingen and the Hochschule Hildesheim/Holzminden/Göttingen - departments in Göttingen within the meaning of § 21 (1) No. 1 - 4 NHG, of which at least two professors,
c. five students of the Georg-August-Universität Göttingen,
d. one of the full-time Vice-Presidents of the Georg-August-Universität Göttingen appointed by the President of the Georg-August-Universität Göttingen for the duration of his/her term of office,
e. the Lord Mayor of the City of Göttingen or one of the representatives of the city of Göttingen to be named by the Lord Mayor,
f. the chairman of the University of Göttingen e. V. or one by the chairman of the University Association Göttingen e. V. nominated representative of the University Association Göttingen e. V.
(2) The members referred to in paragraph (1) b. are appointed by the Senate of the Georg-August-Universität Göttingen for a period of three years at the suggestion of the appropriate group representatives. The students are elected by the student parliament of the Georg-August-Universität Göttingen for one year.
(3) A multiple appointment or election is permitted. The members continue to exercise their office beyond their term of office, as long as no new members have been appointed or elected and have taken office.
(4) A representative of the chairperson of the Board of Trustees is elected from amongst the members of the Board of Trustees.
(1) The Board of Trustees is convened by the chairperson at least once a semester. It must be convened if at least three of its members request the reasons and the agenda in writing.
(2) The Board of Trustees has a quorum if at least five of its members are present. Among the members present, one representative from each of the members listed in § 6 (1) b. - c., including the chairperson, in the event of their absence, their representative (s) in accordance with § 6 (4). It passes their resolutions by majority vote. In the case of a tie vote, the vote of the chairperson decides, and in case of prevention, that of the representative according to § 6 (4).
(3) The Executive Board participates in the meetings of the Board of Trustees. It is entitled to make applications; At the request of the Board of Trustees, the Board of Trustees must be informed about the affairs of the Executive Board at any time.
(4) The Board of Trustees may also meet without the Executive Board of the Foundation. For this purpose, a decision of the Board of Trustees is to be taken.
(5) The Board of Trustees determines the guidelines for the conduct of business.
It decides in particular about:
a. the establishment of the economic plan,
b. the determination of the annual financial statements and the management report,
c. the appointment of the auditor,
d. the discharge of the Executive Board based on the audited annual financial statements,
e. the expense allowance for the time spent by the members of the Executive Board,
f. changes to the statutes and dissolution of the Foundation, both with a two-thirds majority of all votes,
g. the authorisation to sell and encumber property, to take out loans and to take over guarantees;
h. the adoption of the contribution regulations and the determination of the Studentenwerk contributions of the students according to § 70 (1) NHG
i. the dismissal of board members.
(6) The Board of Trustees decides on complaints against the Executive Board.
IV. Non-Profit Status
(1) The Foundation pursues exclusively and directly charitable purposes with its businesses of a commercial nature in the meaning of Section "Tax Beneficial Purposes" of the Tax Code (Abgabenordnung - AO). The purpose of the commercial enterprises of the Foundation is the funding of the Sudentenhilfe, welfare, education and child and youth welfare, in particular the social, health, economic, and cultural support of students and others in education and training or according to § 53 AO needy people.
(2) The purpose of the articles of association is, in particular, the establishment and close-to-school operation of catering establishments, student housing projects (dormitories and guest houses), childcare facilities, counselling facilities and cultural offerings for health, cultural and social purposes to support students (social services) - hereinafter referred to as student facilities - and subordinated to the other persons mentioned in paragraph (1).
(3) The student facilities are operated as special purpose enterprises within the meaning of the Tax Code.
(4) The student facilities are selflessly active and do not primarily pursue their own economic interests.
(5) Funds for student facilities may only be used for tax-privileged statutory purposes. Other non-profit institutions may be provided funds in accordance with the provisions of § 58 AO.
(6) No person may be favoured by expenses that are foreign to the purposes of the student facilities or by disproportionately high payments from the funds of the student facilities.
(7) In case of dissolution or abolition of the tax-privileged purposes of individual student facilities, the Foundation will not receive more than its paid-in capital shares and the intrinsic value of its contributions in kind and the remaining assets of the student facilities will go directly and exclusively to the Foundation which has to use them for charitable or benevolent purposes.
(8) Further details are laid down in a separate statute for the respective student facility, which is to be resolved by the Executive Board and does not require the approval of the Board of Trustees.
V. Financing and Economic Management
The Foundation receives the funds required to fulfil its tasks through:
a. a grant from the State of Lower Saxony in accordance with § 70 (1), Sentence 1 NHG,
b. contributions of students,
c. contributions from third parties and
d. own income, in particular service fees.
(1) The economic management and accounting of the Foundation are determined according to commercial principles. The economic management of the Foundation is based on a business plan to be drawn up by the Foundation.
(2) The annual financial statements and the management report as well as the regularity of the management are to be audited by a certified public accountant. The auditor reports on the result of the audit to the Board of Trustees.
VI. Final Provisions
(1) Amendments to the statute require the approval of the Senate of the Georg-August-Universität Göttingen. The dissolution of the Foundation requires the approval of the Senate of the Georg-August-Universität Göttingen and, pursuant to § 68 (1), Sentence 2 NHG, a decree of the state government.
(2) Upon termination of the Foundation's business and dissolution of the Foundation, the assets shall fall to the Georg-August-Universität Göttingen, which shall exclusively and directly use them for charitable or benevolent purposes of the Studentenhilfe.
The present statutes of the Studentenwerk Göttingen were unanimously approved by the Board of Trustees of the Studentenwerk Göttingen at its meeting on June 23, 2016.
The Senate of the Georg-August-Universität Göttingen approved the amendment to the statutes at the meeting on October 26, 2016.