» Statutes

§ 1 Name and place of the association
The association is named European Fitness Centre Association (EFCA). The EFCA is located in Hamburg. Once registered in the association register of the district court of Hamburg, EFCA carries the name addition e.V.

§ 2 Association’s aim and purpose
As European holding organisation of multifunctional fitness gyms (e.g. fitness, wellness and racket companies) EFCA wants to organize these commercial enterprises as members in order to form a pressure group to the support with legal, tax legal, technical and economic problems of its connected members. Furthermore an adjustment of the regulations on EU basis is aimed.

§ 3 Tasks of the association
In order to reach these aims the EFCA places to itself the following tasks:

1.	Representation of the commercial mulitfunctional fitness centres interests in the public and opposite other organisations.
2.	The support of the education and advanced training of the members.
3.	To form, administer and use property in order to execute its work, issues and aims.

§ 4 EFCA is neutral politically, racial and confessional.

§ 5 Membership

1.

Regular members of the EFCA can become all national European groups which represent multifunctional fitness gyms in their respective country.

2.

Expiration of membership The membership in the EFCA expires by retirement, exclusion or deletion. A resignation from the EFCA is possible only in the end of a calendar year and must be announced to the office in writing three months before. From the moment of the notice of resignation on the member’s right to vote is resting. By coarse offences against the statute of the association and associationdamaging behaviour the executive board (president, vicepresident, chief executive officer) can decide on the exclusion of a member from the association, particularly if this member is occupied directly or indirectly with the activity in an organisation competing with the EFCA. Previously the affected member must be given opportunity for a comment. The decision is to be announced to the member in writing. A withdrawn or excluded member has no claim to the property of the organisation or on refund of membership fees.

§ 6 Organs of the association
The organs of the association are:
a. the general meeting
b. the extended executive board
c. the executive board

§ 7 The general meeting

1.	The highest organ of the association is the general meeting.
2.	The general meeting takes place once per year, in each case in the first half-year of the calendar year. Exceptional meetings and work meetings can be summoned according to demand.
3.	Tasks of the general meeting are: a. Ascertainment of the regular summoning of the meeting. b. Ascertainment of the right to vote. c. Election of the meeting leader and an electoral committee. d. Adoption of resolutions about the agenda. e. Approval of the protocol of the last election meeting. f. Acceptance of the annual report and business report of the board members with subsequent speech. g. Acceptance of the report of the cash auditors. h. Discharge of the executive board and the cash auditors. i. New election of executive board and cash auditor. j. Statutes changes. k. Applications.

§ 8 Procedure rules for the general meeting
The invitation for the meeting of the members has to take place eight weeks before the appointment in writing by the executive board. An agenda is to be added to the invitation. The meeting of the members decides by a simple majority of the present members. Statute changes and statute revised versions can be carried out with two-third-majorities of the present entitled to vote. By elections the simple majority of the present voices is enough. Suggestions to the agenda are to be submitted four weeks before beginning in writing to the executive board. About the progress of the general meeting the minutes are to be kept which are to be signed from the chairperson and from the secretary. The executive board can summon an exceptional general meeting at any time if it the circumstances require. On request from 40 per cent of the members an exceptional general meeting is to be summoned. Every regular member and every board member has one vote. The exercise of the right to vote is bound to the fact that the member is not behind with paying with the membership fee. The transfer of the right to vote or of written exercise (postal vote) is out of the question.

§ 9 The executive board

1.	The executive board, according to § 26 of the German Civl Code (BGB), works as a committee and consists of the president, the vicepresident and the chief executive officer / treasurer. The association is represented by the president alone or by the vicepresident and the chief executive officer together.
2.	The extended executive board consists of the committee and
	a. specialised adviser legal issues b. specialised adviser tax right c. specialised adviser management d. specialised adviser international coordination.
3.	The executive board runs an office to the administrative completion of the tasks.
4.	The extended executive board comes together according to demand, at least but once a year.
5.	The executive board and the extended executive board are chosen for two years.
6.	Every person may have more than one post.
7.	The executive board as the executive organ is responsible for:
	a. the administration of the association b. the execution of the decisions of the general meeting c. the administration of the property as well as the treatment of all finance affairs of the association d. fixation of the fees, seminar fees and reallocations as well as passing resolutions about the budget.

§ 10 Tasks of the president

1.	He leads the presidency in the general meeting and in the executive board.
2.	He represents the association in all legal matters.
3.	He signs all obliging documents.

§ 11 Cash audit and audit
The audit of the treasurer takes place by at least two members of the extended executive board. The extended executive board has to give account and to inform the general meeting about the result of the audit.

§ 12 Procurement of the financial means
Means, which are required in order to execute the association tasks can be procured as follows:
a. membership fees
b. admission fees
c. seminar fees
d. royalties
e. reallocations
f. donations.

§ 13 Dissolution
The dissolution of the EFCA can take place only on a general meeting specially called up for this purpose if at least the half of the members is present and at least two thirds of the members entitled to vote decides the dissolution. When the association is dissolved, its property falls to an European non-profit association.

§ 14 Legal domicile
Legal domicile for all members obligations opposite the association is Hamburg.

§ 15 Coming into force of the statute
The statute of the EFCA comes into force on 21st June 2003.