Statute of the Association

Revised version: 24th of April, 2009
Amended version: 31st of July, 2009 und 29th of January, 2010

1. The association carries the name: Berliner Unterwelten e.V., Gesellschaft zur Erforschung und Dokumentation unterirdischer Bauten (Berlin Underworlds, society for the exploration and documentation of subterranean architecture).
2. The location of the association is 13355 Berlin, Brunnenstrasse 105 (in the Gesundbrunnen underground station).
3. The association is listed in the register of associations.
4. The business year is the same as the calendar year.

1. The association follows non-profit purposes in terms of that section of the German tax code.
2. The goals and purpose of the association are
   a. the promotion of research and education (especially youth education),
   b. the promotion of art and culture and
   c. support for the preservation of memorial and historical sites.
   A further goal of the association is the setup and operation of museum spaces and exhibitions, wherein the underground history of Berlin may be presented.
3. Research and education should be promoted, in that the underground aspects of the history of Berlin, urban development, city planning and economic constraints should be investigated. For this, the association utilizes archival and site research (for example measurements / photo documentation) and carries out interviews with historical witnesses. Additionally, the association offers themed tours. As a complement to this, the public should be reached via special exhibitions and tours, seminars, talks and various other means of spreading knowledge.
4. In order to realize the goals named under §2 article 2, the association can create a research institute and/or its own society. Specifics shall be decided by a members’ assembly.
5. The promotion of art and culture should be realized in part, in that the association promotes the use of underground locations for cultural activities and initiatives. This by also be achieved with events and temporary exhibitions of national and international artists whose work has something in common with the goals of the association and relate to historical themes and their after-effects. Another part of this is the association’s “documentary theatre Berlin”, with its emphasis on youth and migration work.
6. The association works toward the preservation of historical sites, and their registration as memorial sites, in particular those that are underground and threatened by demolition or massive modification. When necessary, the association works with the appropriate authorities and specialists to document the threatened structures. A further step may involve the association’s involvement or support in securing, maintaining and restoring the premises.

1. The funds of the association may only be used for the goals and purposes stated in the statute. No one may profit though payments that do not follow these goals and purposes, nor may payments be unproportionally high. Members of the association receive no payments simply for being members. When a member leaves the association, they receive no part of the association‘s assets.
2. The association is above party lines and is not attached to any religious confession.

1. The members’ assembly
2. The steering committee
3. The department secretaries’ committee

1. Any person or corporate body that supports the goals and purposes of the association may become a member of the association. The steering committee decides upon the written application. The membership begins subject to Paragraph 2, with the written confirmation of the steering committee.
2. The acceptance of a new member begins with a probationary period. Within the 6 month probation, the steering committee may exclude a new member, should this be required for important reasons.
3. Cancelation of membership takes affect at the end of the month. This requires written notification to the steering committee two weeks before the date when the cancelation is to take effect.
4. The membership dues will be refunded for the remaining months of the year after the end of membership.
5. It is prohibited in the rooms and events of the association for members to wear symbols or emblems representing a party, ideology or religion.
6. The procedure for dealing with sanctions resulting from infringements against the statutes can be dealt with according to the rules of the association, which must be formulated by the members’ assembly. The rules of the association are an appendix of to the statute.
7. Should the rules of the association not apply, the steering committee has the right to sanction a member of the association who acts against the goals and purposes, or damages the association. This includes the immediate termination of membership. Before this step is taken by the steering committee, the member must be given the chance to justify his or her actions. The affected member may appeal this decision to the department secretaries’ committee, which can either confirm the termination or pass the final decision on to the members’ assembly.

1. The membership dues are due every year in January. Every member bears the responsibility to transfer the membership dues to the association’s bank account before the last work day in January. If a member joins the association in the middle of the calendar year, then only the dues for the rest of the year including the current month are payable. Members that fail to pay their dues in full may not vote at the members’ assembly nor may they be voted for.
2. If a member’s dues are three months late despite a written reminder, his or her membership will be terminated without further notice.
3. Should a member have the right to pay reduced dues, then the member must provide proof of this. This must be submitted anew every year. Without proof, the full dues must be paid.

1. The steering committee has three members, each with one vote.
2. The association must be represented judicially and extrajudicially by at least two members of the committee.
3. The members of the steering committee are elected by the members’ assembly. The term in office is two years. Other specifics are dealt with in the ballot rules and regulations, the wording of which is decided by the members’ assembly. The ballot rules and regulations is an appendix of the statute. After their term has been completed, members of the steering committee remain in office until their replacements have been elected.
4. If a member of the steering committee steps down before the end of his or her term, or is voted out by a simple majority of the members’ assembly, the remaining members take over this person’s duties. A new member must then be elected within four weeks, whose term ends along with the other members of the steering committee.
5. The steering committee is responsible for the current business of the association. It must prepare a yearly budget to be approved by the members’ assembly.
6. The steering committee is responsible for the employment of necessary personal.
7. The responsibilities of the steering committee are divided up into three spheres:
   a. chairman (representation and strategy)
   b. finances and business operations
   c. members and personal (internal comunication)
8. Decisions of the steering committee require the agreement of a majority of the entire committee, must be recorded in writing and given to every member of the committee. Decisions of the steering committee may, in case of urgency, be made per written or telephone comunication, so long as none of the committee’s members object.
9. Changes to the statute, that are demanded for formal reasons by supervisory, judicial or finance agencies, may be made by the steering committee. In such a case, all members are to be informed without delay.
10. The creation or change in the woring contract of a member of the steering committee requires majoritiy agreement in a joint session of the steering committee and the department secretaries’ committee. In such a case, the members’ assembly is to be informed without delay.
11. The members of the steering committee are required to spend an average of 8 hours a week on association and committee related work in the rooms of the association. In this capacity, appropriate consultation times must be offered for the members of the association. The committee members are to be paid appropriately for this time spent. The hourly wage is to match the current wage of non-contracted guides.

1. In the case that a damage claim is made against the association by one of its members, the association is only liable for wilful intent and gross negligence. This applies to damages resulting from association not doing its duty to maintain safety on its premises.
2. In the case that a member of the association or third person makes a claim for damages against a member of the steering committee for an action carried out as part of his or her duty as part of the steering committee, then the member of the steering committee has the right to reimbursement from the association or exemption from responsibility for covering said damages. This does not apply when the member of the steering committee caused the damages intentionally or as a result of gross negligence. If the association claims damages caused by a member of the steering committee whilst performing his or her duties, then the member of the steering committee is only liable in cases of intent and gross negligence. The steering committee has the right to take out liability insurance to cover his or her risk of liability, the cost of which may be billed to the association. This must be listed specially in the association’s budget plan.
3. In the case that a third person outside of the association claims damages against a member of the association, resulting from their activities of the association (for example during a tour), then the association can reimburse costs incurred, or take over responsibility and cover the cost of legal protection, as long as the damages were not caused intentionally or as a result of gross negligence.
4. In the case that damage claims are made against a member of the association by another member, resulting from association activities (for example whilst exploring an underground building together), the member is only responsible for damages caused by intent or as a result of gross negligence.

1. The regular members’ assembly must be called as least twice per year by the steering committee with a proper invitation. The invitation must be sent in writing to the last known address of each member at least two weeks in advance of the assembly. The steering committee decides on the tentative agenda.
2. Irregular members’ assemblies are to be called by the steering committee when the interests of the association require it. Alternatively, an assembly can be called by the unanimous vote of the department secretaries’ committee or by a fifth of all members of the association with a declaration of the reasons for it. The invitation must be made as stated in § 9, paragraph 1.
3. The members’ assembly must be presented with a written report of the steering committee and, once per year, with the annual financial statement. The Assembly elects three account auditors from its ranks that do not belong to the steering committee or the department secretaries’ committee and who are not responsible for the association’s bookkeeping.
4. The account auditors must, in the interest of the association, inspect the bookkeeping, the annual financial statement, the report of the steering committee and if necessary the report of an independent auditor, and report the result to the members’ assembly. The account auditors must be provided access to all of the documents that they require.
5. The members’ assembly additionally makes decisions regarding:
   a. the budget of the association (with a simple majority),
   b. changes to the statute (with a two-thirds majority),
   c. dissolution of the association (with a three-fourths majority)
   d. the creation and termination of work contracts for members of the steering committee (with a simple majority)
   e. association and other rules and regulations (with a simple majority).
   A majority of the votes of all those personally present with voting rights is required for the members’ assembly to pass a resolution. Probationary members do not have voting rights.
6. The minutes of member’s assemblies are to be recorded by a keeper of minutes, who is elected by the member’s assembly. For this a record of the results suffices. The members’ assembly can decide to keep running minutes for particular agenda points.
7. The members’ assembly decides upon the level of members’ dues, including possible reductions.

1. The department secretaries’ committee is made up of four members of the association with one vote each. The department secretaries’ committee coordinates the departments and advises the steering committee. It can, with unanimous agreement, veto the decisions and resolutions of the steering committee within a period of four weeks after their announcement. If no agreement can be found between the steering committee and the department secretaries’ committee, then the matter to be solved with a vote of the members assembly. Members of the steering committee may not also be members of the department secretaries’ committee.
2. Each department secretary is in charge of one department of the association. The following four departments are to have one secretary each:
   a. Internal affairs department (member services, etc.)
   b. Sales and marketing department (tours, public relations, etc.)
   c. Building and technic department (exhibition setup, building measures, etc.)
   d. Research department
3. Within the departments, active members can build workgroups or carry out various duties and activities as individuals, that serve the purposes and goals of the association (§ 2). These activities are to be coordinated with the department secretary.
4. The procedure of the election of the department secretaries is governed by voting regulations, the wording of which is decided by the members’ assembly.
5. The term of office of the department secretaries’ committee is two years. The department secretaries’ committee meets when necessary, at least once per month. Each department secretary can call a meeting when necessary. The department secretaries are accountable for their work in the department secretaries’ committee to the members’ assembly.

1. Decisions made during meetings of the members’ assembly, the steering committee and the department secretaries’ committee are to be recorded in writing and signed by the keeper of the minutes.
2. Decisions of the steering committee and the department secretaries’ committee must be provided to the members of the other respective committee within a period of four weeks.

1. For the decision to dissolve the association, a three-fourths majority of all present members with voting rights at a members’ assembly is required. The decision can only be made if the proposal is announced sufficiently in advance of the members’ assembly in the invitation.
2. In the case of the dissolution of the association, the assets of the association and the asset surplus are to be transferred to a tax-privileged, officially recognized corporate body or a non-profit public institution, with the condition that they are used in Berlin, solely for purposes and goals in the spirit of the association. Decisions regarding the use of these assets may only be made with the approval of the fiscal authority for corporate bodies.

In the case of insolvency, the association continues to exist as an association without legal capacity.

The statutes of the association published on this website serve only as non-binding information. The steering committee possesses the current, legally binding version, which may be viewed upon request.