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Statutes of the Student Services Braunschweig

I. Section / General Technical Specifications

§ 1 – Name

The student services bears the name “Student Services OstNiedersachsen”.

§ 2 – Legal status, tasks and authority

Art. 1
The student services located in Braunschweig is a legally responsible public agency. The student services has the statutory mandate to promote and advise the students within its area of responsibility in respect to economy, health, social issues and culture in accordance with the regulations on the responsibility of the student services. The student services may offer its mensa services to pupils and students at universities of cooperative education, as long as the supply mandate in regard to the universities is not affected, cost-covering fees are charged and the service stays within the range of already existing capacities.

Art. 2

This mandate for promotion and counselling is implemented by the Student Services especially by

  1. provision and management of suitable student accommodation in housing complexes as well as the procurement of accommodation of other providers,
  2. provision of suitable nursing day care at own or other nursery groups or kinder gardens for student children,
  3. modern range of food at refectories or other gastronomical facilities,
  4. implementation of state education grants in accordance with § 3 Abs. 8 NHG in case of reimbursement of the necessary costs by the State of Lower Saxony,
  5. counselling on regard to study finances as well as the granting and mediation of student loans,
  6. counselling of students in regard to personal and social problems by preventive support of stabilization- and development processes,
  7. implementation and support of meaures and projects in the field of student cultural work.

In the course of its duties, the Student Services commits to a careful use of natural ressources and sustainable management.

Art. 3
The tasks are perceived as self-administrative tasks. This does not apply if special tasks are assigned by the sectoral ministry as state mandates.

The Student Services cooperates with the universities and especially with students in the scope of fullfilling its tasks and takes part in the positive development and the profile building of universities within its area of responsibility. It can take over further university-specific tasks by means of contracts with single or several universities.

For the performance and supplement to its tasks, the Student Services may participate in an enterprise in the form of  a legal person governed by private law or establish such enterprises. § 50 Art. 4 sentences 2 to 5 NHG will be applicable accordingly.

Art. 4
In the course of existing resources, the Student Services offers its services cost-coveringly to study applicants, language students, students from other universities and third parties as well.

Art. 5
The Student Services informs the public about its work on a regular basis.

Art. 6
In the course of fullfilling its tasks, the Student Services is entitled to collect, process and use personal data in accordance with the Lower Saxony Data Protection Act and the Federal Data Protection Act.

Art. 7
The Student Services is going to use an official seal with the transcription „Stu­dentenwerk Braunschweig“.

§ 3 – Public utility

Art. 1
The Student Services is non-profit-making, it entirely and directly pursues charitable and benevolent aims in the meaning of the paragraph “tax-privileged purposes” of the tax code and does not primarily pursue individual economical purposes.

Art. 2
The enterprises of the Student Services are to be established and managed thus, that the principles of economic efficiency are respected. Such enterprises shall only be run on a regular basis, if they are special-purpose enterprises in the sense of  the tax code (§§ 65, 66 and 68) which are not seeking to make profits.

Art. 3
Funds appropriated by the federal state and fees charged by the Student Services are used by the Student Services exclusively for statutory purposes. No person is favoured by disproportionate salaries or expenses which are not according to the purposes of the Student Services.

Abs. 4
The non-profit appropriation of the single commercial enterprises has to be established in special statutes.

II. Section – Financing and Business Management

§ 4 – Fundraising

The means which are necessary to fullfill its tasks are obtained or generated by the Student Services

  1. by the student fees in accordance with the correspondent fee statutes,
  2. by the financial aid of the Federal State of Lower Saxony,
  3. by the reimbursement of costs for the implementation of federal or other university-related tasks,
  4. by donations of third parties,
  5. by service charges and other revenues.

§ 5 – Business management

Art. 1
Business management and accountancy comply with commercial principles. The provisions of the German Commercial Code applicable for large corporations have to be applied on the annual financial statement by analogy. The accountancy must include a cost- and activity accounting, which enables provision of indicators for cross-university purposes.

Art. 2
The Student Services draws up a business plan for each financial year.
The annual financial statement has to proven by an accounting firm and determined by the board of directors.
The financial year startsont the 1st of January and ends on the 31st of December.

III. Section – Bodies of the Student Services

§ 6 – Bodies

Bodies of the Student Services are

  • the managing director,
  • the board of directors,
  • the management board,
  • the regional councils.

Women are to be duly taken into consideration as members of the bodies. The bodies board of directors, management board and regional councils shall draw up their own rules of procedure.

§ 7 – Management

Art. 1
The managing director

  1. directs and publicly presents the Student Services. The representation of the Student Services in bodies and other committees of legal entities and associations of individuals does not count as an external representation,
  2. prepares the annual financial statement according to § 109 LHO,
  3. carries out the annual business plan of the Student Services,
  4. submits the annual report,
  5. excercises the legal supervision of the other bodies of the Student Services,
  6. maintains the order of the Student Services and excercises the domiciliary rights,
  7. serves as immediate superior of the Student Services’ personnel,
  8. prepares the resolutions of the management board,
  9. regularly informs other bodies about essential affairs of the Student Services,
  10. informs the board of directors about essential decisions of business policy, which might affect the annual result.

Art. 2
In cases of urgency, the managing director may demand the convocation of the other responsible body on short notice on indication of  subjects of discussion. The body has to discuss about and decide on these subjects in his presence. If a meeting of the responsible body cannot be brought about in time, the managing director will come to the necessary decision himself and informs the responsible body immediately about the measures initiated. The body may annul the decision in the course of its next meeting. Rights which have arisen for third parties remain unaffected by such an annulment.

Abs. 3
Decisions on fields which have been assigned to the Student Services as  state mandates or  related to other university-related agreed by contract or due to which the Student Services has established enterprises under private law or participated in them, entirely fall within the competence of the managing director, unless otherwise provided on the basis of laws or other legal regulations.

Art. 4

The chairman of the board of directors represents the Student Services vis-à-vis the managing director.

§ 8 – Board of directors

Art. 1
The board of directors

  1. elects the chairman or chairwoman and the other members of the management board as well as their deputies in accordance with § 9 Art. 2;
  2. appoints and dismisses the managing director and regulates the managing director’s service,
  3. resolves the organisational statutes or amendments with a two-thirds majority of its voting members,
  4. resolves the tax orders or their amendments of the Student Services’ special-purpose enterprises,
  5. resolves the annual business plan,
  6. orders the accounting firm for the review of the annual financial statement,
  7. formally ascertains the annual financial statement and releases the managing director (§ 109 LHO),
  8. resolves the fee statutes and determines the Student Services’ fee with a two-thirds majority of its voting members,
  9. resolves general directives for the managing director and receives the annual report of the managing director.

Art. 2
The board of directors consists of :

  • one student of each university in the area of responsibility of the Student Services to be elected by each student parlament
  • a member of the presidium of each university in the area of responsibility of the Student Services,
  • two members of the economy or the public administration, those will be appointed by the chairman on consignment of the majority of the remaining members.

In case that a member of the board of directors should retire or be absent, a respective deputy may be elected or designated at the same time. In case of absence of a member of the board and his or her deputy, the right to vote may be delegated by written authority to another board member of the same status group (students, members of the executive board or members of the economy or the public administration), providing that every member may only exact the right to vote for one other member.

Participation in meetings with advisory capacity:

  • the managing director,
  • the members of the board of directors,
  • two members of the Student Services’ personnel.

Art. 3
For the respective term of office, the board of directors elects from among its members a presidium member as chairman and another member of the board of directors as his or her deputy. The electoral process will be managed by the former chairman, in case of his absence the task will be performed by the eldest voting member of the board of directors.

Art. 4
It is possible to re-elect or re-designate a member. A deselection which is followed by the election of a new member or a withdrawal of an appointment during the term of office is permitted.

Art. 5
The term of office of members of the board of directors lasts 2 years. It beginns at the 1st of Januray and ends at the 31st of December of the following year. If there should be no new election after the expiry of the term of office, the former members remain in office until the new election, at the longest for six months.

Art. 6
The chairman or chairwoman summons the board of directors at least once per semester. The convocation must be delivered to the members the latest 14 days prior to the meeting, stating the agenda. The director has to summon the board of directors within one week with a period of notice of at least 14 days, if the managing director or a third of the voting members, the  chairman or a regional council call for this, notifying the agenda.

§ 9 – Directors

Art. 1
The tasks of the directors are:

  1. preparation of the resolutions of the board of directors,
  2. resolution on purchase, sale and/or encumbrance of real property and parts of real property,
  3. resolution on the Student Services’ establishment of or participation in enterprises and associations of individuals under private law,
  4. resolution on taking out credits, mortgages or other medium- and long-term liabilities against thir parties or the granting of guarantees,
  5. resolution on conclusion of an in-house collective agreement or the joining of a tariff acommunity,
  6. participation in recruitment processes of executives,
  7. counselling and resolution on principles of the Student Services’ development.

In the scope of fullfilling their tasks, the directors will consider the opinion of the regional councils adequately.

Art. 2
The directors consist of:

  1. the chaiman or -woman,
  2. five students who are elcted by the student members of the board of directors,
  3. five student members of the university, who are elected by the non-student members of the board of directors,
  4. the managing director with advisory capacity.

The student members of each regional council may propose a student member for the directors each, the non-student members of each regional council may propose a non-student member for the directors each.

In case that a member of the directors should retire or be absent, the entitled members may each propose a deputy at the same time.

The members of the directors must not be members of the board of directors.

It is possible to re-elect a member.

It is possible to deselect a member of the directors by menas of an election of a new member of the directors with two-third majority of the voting members of the board of directors. Such a decision takes effect immediately. It is only possible to decide on such a motion in the course of a meeting of the board of directors, if the members of the board of directors have been accordingly informed of this fact with a proper invitation at due date.

Art. 3
The members of the directors elect a deputy director from among their members. The managing director is inelegible. The electoral process will be managed by the former chairman, in case of his absence the task will be performed by the eldest voting member of the directors.

Art. 4
The directors are entitled to be informed about essential affairs of the Student Services and its shareholdings by the managing director and to take insight into business documents.

Art. 5
The members of the directors are elected for two years. The term of office beginns at the 1st of January and ends at the 31st of December of the following year. If there should be no new election after the expiry of the term of office, the former members remain in office until the new election, at the longest for six months.

Art. 6
The directors convene at least two times per semester; the convocation by the chairman or chairwoman must be delivered to the members the latest 7 days prior to the meeting, stating the agenda. The director has to summon the board of directors with a period of notice of at least 14 days if the managing director or two voting members call for this, notifying the agenda.

Art. 7
Decisions of the directors can be made by circular resolution.

Members of the directors, who have not delivered a vote within 7 days, count as absent for this decision.

§ 10 – Regional councils

Art. 1
Regional councils are established at the locations Braunschweig, Clausthal, Hildesheim, Lüneburg and Wolfenbüttel.
They

  1. dispose of an appropriate financial budget in the scope of the statute purposes, which is put in the annual business plan,
  2. contribute to the further development of the Student Administration’s regional services and submit proposals to the resepctive responsible body,
  3. take a stand on all questions concerning the specific work of the Student Services in the respective region,
  4. may submit proposals concerning affiars of regional importance proactively to the directors and the board of directors for consultation and decision,
  5. consult the regional figures of the annual business plan and take a recommending stand,
  6. propose changes of the priorization in regard to investment projects to the directors,
  7. support the managing director in implementing measures of regional significance.

Art. 2
The regional councils consist of members of the board of directors of the respective region. In addition, there is a non-student member of each university of the region, who is elected by the senat and a student member, who is elected by the student parliament. If a university should have several locations, it may only send members to that regional council, at which location there are most of the students.

In case that a member of the directors, who does not belong to the board of directors, should retire or be absent, the entitled committees may each propose a deputy at the same time.

It is possible to re-elect a member. A deselection which is followed by the election of a new member during the term of office is permitted.

Participation in meetings of the regional councils with advisory capacity:

  1. the managing director,
  2. a member who is designated by the staff council of the Student Services,
  3. a representative of the student union (AStA) of each university of the respective region,
  4. the members of the directors of the respective region.

Art. 3
The regional council elects a chairman or chairwoman from among its members, who summons the meetings and sets the provisional agenda in coordination with the managing director. The managing director or members with advisory capacity are inelegible. The electoral process will be managed by the former chairman, in case of his absence the task will be performed by the eldest voting member of the regional councils.

Art. 4
The members of the regional councils are elected for 2 years. The term of office beginns at the 1st of January and ends at the 31st of December of the following year. If there should be no new election after the expiry of the term of office, the former members remain in office until the new election, at the longest for six months.

Art. 5
The regional councils meet at least once per semester.

§ 11 – Liability

In accordance with § 7 bis 10 of the statutes, § 48 Beamtenstatusge­setz i. V. m. § 51 NBG applies to the members of the bodies or a replacement regulation respectively, unless they do not bear liability in accordance with other laws.

IV. Section Procedure

§ 12 Legal status of the members of the board of directors and the directors

Art. 1
All members of the bodies have to contribute to the effective fullfillment of the Student Services’ tasks by their participation in the committees. They may excercise their right to vote without  being bound to instructions or mandates.

Art. 2
All members of a body have the same right to vote. Members of a body with advisory capacity have the same rights as other members apart from the right to vote.

Art. 3
Members of the bodies do not participate in consultations and decisions which might cause a special personal benefit or disadvantage to themselves, their spouses, their relatives to the third degree or relatives by marriage to the second degree or persons who are represented by them by law or by authority.

§ 13 – Elections

Art. 1
Elections take place on the principles of majority election.

Art. 2
Seats which cannot be filled remain vacant.

§ 14 – Public

Art. 1
The meetings of the bodies are closed sessions.

Art. 2
Personal matters are always discussed and decided in the course of closed sessions. Decisions on personal matters are always made under a secret ballot. Resolutions of the bodies are treated confidentially by its members, unless the body in question does not decide otherwise.

Art. 3
Real property- and business affairs are discussed and decided in the course of closed sessions if a procedure in open court could cause disadvantages to the State, the Student Services or persons concerned by these affairs or affected natural or legal persons.

Art. 4
The chairman or chairwoman excercises the domiciliary right in the meeting room. The general domiciliary right of the managing director  remains unaffected thereby.

§ 15 – Resolutions

Art. 1
The bodies are quorate if the meeting has been summoned properly and the majority of the voting members is present. The chairwoman or chairman verifies the existence of a quorum at the begonning of the meeting. Thereupon, the body is considered to be quorate, even if the number of the voting members present should dicrease in the course of the meeting, as long as a member claims that there is no quorum; during the ascertainment, whether the body is still quorate, this member rates among the present members.

Art. 2
If the chairwoman or chairman establishes that there is no quorum of the body, she or he summons a second meeting for the treatment of the unsettled items of the agenda, which has to take place in the couse of three weeks. This meeting is quorate without regard to the number of the members present; this fact must be pointed to in the invitation. Elections and resolutions in accordance with § 8 Art. 1 No. 1 to 3 can only be made in the second meeting in case of a quorum (§ 15 Art. 1 Sentence 1).

Art. 3
Resolutions are made with the majority of the votes cast, at least, however, by a fourth of the number of members of a body, unless otherwise stipulated by the statutes. Abstentions do not count as votes cast. On application, a minority vote has to be attached to the resolution.

Art. 4
As long as only a part of the body is entitled to vote on the resolution, the stated regulations apply only to those members.

Art. 5
If the election of a body or single members is declared null and void or if the composition changes due to new elections, this does not affect the coming into effect of the previously decided resolutions and the official acts made by these bodies.

V. Section Final Provisions

§ 16 - Dissolution of the institution

In case of  dissolution of the institution the remaining assets pass to the universities in the area of responsibility of the Student Services. The assets will be distributed proportionally to the number of the registred students. The universities will make use of them exclusively and directly in accordance with purposes in terms of  § 2 Art. 1 and 2 of these statutes.

§ 17 – Transitional regulations

Art. 1
The term of office of the current members of the bodies directors and board of directors ends on the 31st of December, 2007. This regulation applies without regard to the approval and the publication of these statutes.

Art. 2
The term of office of the newly elected or appointed members of the bodies after the coming into effect of these statutes beginns at the 1st of January, 2008.

§ 18 – Coming into effect

These statutes requires the approval of the Ministry of Science and Culture of the State of Lower Saxony. It comes into effect one day after its publication.

Braunschweig, 14th of April, 2011

The board of directors of the Student Administration has resolved the statutes in this version in the course of its meeting at the 14th of April, 2011.

The Ministry of Science and Culture has approved these statutes in their present form on the 9th of May, 2011.

The board of directors of the Student Services OstNiedersachsen has resolved the new version of the statutes of the Student Services OstNiedersachsen provided in the Annex in the course of its meeting on the 13th of December, in accordance with § 69 Art. 1 Sentence 1 NHG in the version of 24.06.2002, last amended by Article 1 of the law as off 21.11.2006 (Nds. GVBl. S. 538), which I have approved today.