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Buchhalter Aufzeichnungen

Constitution

of the German-speaking Protestant Congregation in Singapore

1

The name of the Congregation is ‘Deutschsprachige Evangelische Gemeinde in Singapur’, hereafter referred to as the “Congregation”. Its business address is 3 Orchard Road, Singapore 238825, or such other address as may be decided by the Church Council and approved by the Registrar of Societies from time to time. The Congregation shall only hold services in such places and premises that have received prior written approval from the relevant authorities.

2

The German Speaking Protestant Congregation in Singapore is founded on the gospel of Jesus Christ, as revealed in the Old and New Testaments and interpreted by the Lutheran and Reformed confessional writings of the Reformation.

3

The task of the Congregation in Singapore is to bear witness to the message of the Gospel of Christ crucified and risen, as head of the Church and Lord of the world, in worship, pastoral care, education of the youth and charity. It advocates the ecumenical fellowship of Christians throughout the world.

4

Worship, pastoral care and all other congregational activities are open to all German-speaking Christians, regardless of their denomination or church affiliation.

5

(a) Membership of the Congregation is open to all baptised German-speaking Christians of any age who currently reside in Singapore or Malaysia and who agree to the Congregation's voluntary commitment and its Protestant confession:

(i) provided they are baptised Christians;

(ii) provided they themselves desire baptism by making the Christian profession of faith, or

(iii) in the case of children under 14 years of age - if at least one parent who is already a baptised member of the congregation desires this.

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(b) Those members who are under 18 years of age may only be admitted with the written consent of their parents or legal guardian.

 

(c) Persons who wish to join the Congregation should provide the secretary with their personal data in the prescribed form (on the membership form).

 

(d) Membership is acquired by submitting a written declaration of membership to the Church Council. By declaring his membership, the member recognises the constitution of the Congregation and undertakes to contribute to the realisation of the tasks of the Congregation to the best of his ability. A copy of the constitution of the Congregation is provided to each member admitted.

6

All members who have reached the age of 16 are entitled to vote and may participate in the general meeting with the right to speak and vote. However, only members who have reached the age of 18 can be elected to an office.

7

An Annual General Meeting takes place before 30 April each year.

8

In addition, an extraordinary general meeting must be convened by the chairperson of the Church Council of the Congregation, if requested in writing, by not less than one quarter of the voting members or by 10 voting members, whichever number is the lower, or at any time by resolution of the board of the congregation.

9

All general meetings are convened by the Board, which invites the voting members in writing at least two weeks in advance, enclosing the agenda.

10

The duties of the general meeting are:

 

(a) to receive the report and accounts of the Church Council and, upon application, to discharge the members of the Church Council of the Congregation from liability for their actions;

 

(b) to elect the Protestant pastor (the ‘Pastor’) of the Congregation from among the candidates proposed by the Church Council when a new pastor is appointed;

 

(c) elect the members of the Church Council and the honorary auditors;

 

(d) vote on the proposals of the Church Council;

 

(e) make proposals regarding the organization, expansion and intensification of community life and submit them to the Church Council for discussion and decision-making.

11

(a) A quorum of one-quarter or more of the voting members or ten voting members, whichever is less, shall be present at any general meeting.

 

(b) If a quorum is not present at the opening of the meeting, the meeting shall stand postponed to the same day of the week two weeks later. If there is still an insufficient number of members present, the meeting shall still be deemed to have a quorum, without the right to amend the existing community regulations.

 

(c) Resolutions of the general meeting shall be passed (except for amendments to the constitution) by a simple majority of the members present and entitled to vote.

 

(d) The minutes of the general meeting shall be published in the Congregation newsletter.

12

(a) The Congregation is administered by the Church Council, which consists of at least five and at most nine members.

 

(b) The Congregation priest is an ex officio member of the Church Council.

 

(c) Candidates for the Church Council are proposed at the annual general meeting and elected by a simple majority. The members of the Board are elected by the Congregation assembly for a term of two years. They are introduced in a church service.

 

(d) Members of the Church Council who are neither citizens of the Republic of Singapore nor permanent residents of Singapore require written approval from the Registrar of Societies.

 

(e) The Church Council elects the following members from among its members:

(i) the chairperson

(ii) the deputy chairperson

(iii) the secretary

(iv) the treasurer

(v) one to five assessors

 

(f) All members of the Church Council are eligible for re-election. The treasurer can be re-elected as often as the regulations of the ‘Register of Society’ in Singapore allow.

 

(g) If members of the Church Council resign prematurely, the Board can appoint eligible members of the Congregation to the Church Council in their place until the next general meeting.

 

(h) A meeting of the Church Council shall be held monthly and shall be notified to the members of the Church Council one week in advance. However, the chairperson may also convene further meetings at any time, which shall be notified to the members of the Church Council five days in advance. The Church Council shall constitute a quorum if at least half of the Church Council members, including the chairperson or his/her deputy, are present.

 

(i) Resolutions of the Church Council are passed by a simple majority of the members present. In the event of a tie, the chairperson has the casting vote. Minutes are to be taken at the meeting, signed by the secretary and the chairperson, and added to the Congregation records.

13

The duties of the Church Council are:

 

(a) together with the Congregation priest, to manage all matters relating to the Congregation's mission;

 

(b) to deliberate and decide on the Congregation's secular affairs and to manage its finances;

 

(c) to convene the Congregation assembly;

 

(d) to represent the Congregation externally;

 

(e) hold joint meetings with the representatives of the German-speaking Catholic Community in Singapore on a regular basis;

 

(f) organize and supervise the community's events.

14

The Church Council may not act contrary to the express mandate of the general meeting without prior consultation with the general meeting. The Church Council shall carry out the resolutions of the general meeting.

15

(a) The chairperson shall preside at all Church Council meetings and at the general meetings. He/she represents the Congregation externally.

 

(b) The deputy chairperson assists the chairperson in the performance of his/her duties and represents him/her in his/her absence from Singapore or at Church Council meetings.

 

(c) The Secretary shall keep the books of the Congregation, except the cash books, and shall be responsible for their proper management. He/she shall keep minutes of all Church Council meetings and general meetings. He/she shall ensure that the membership register is kept up to date.

 

(d) The Treasurer holds all the assets of the Congregation, handles all income and expenditure of the community, keeps records of these and is responsible for the accuracy of the accounting. He/she deposits all funds entrusted to him/her in a bank to be named by the Church Council. Cheques etc. must be signed by two of the following Church Council members: the Treasurer, the Chair, his/her deputy, the secretary.

 

(e) The Church Council members participate in the general administration of the Congregation and take on the tasks assigned to them by the Church Council.

16

(a) The pastor is elected by the general meeting. His activities are regulated by an agreement concluded between the Church Council, the church office of the EKD (Evangelische Kirche Deutschland), and the pastor.

 

(b) The duties of the Protestant pastor include, in particular:

(i) leading the church services,

(ii) organising community events,

(iii) providing pastoral care and

(iv) teaching.

 

(c) The pastor performs his duties in sole allegiance to the word of God and in obedience to the Lord of the Church in cooperation with the Church Council.

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(d) In the event of differences of opinion between the pastor and the Congregation, the church office of the EKD will be asked to mediate.

17

Two members entitled to vote who do not belong to the Church Council are elected as honorary auditors at the annual general meeting. Their term of office is only one year and they cannot be re-elected for the following year.

 

(a) They shall audit the annual accounts of the Congregation and submit a report to the general meeting.

 

(b) The chair of the Church Council may at any time request a cash audit report from them, covering a period within their term of office, for presentation to the Church Council.

18

The financial year shall commence on 1-January and end on 31-December.

19

(a) If the Congregation acquires any property at any time, trustees shall be appointed for such property who shall execute a declaration of trust.

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(b)

(i) The Congregation shall appoint at least two, but not more than four, trustees.

(ii) The trustees shall be appointed by the general meeting.

(iii) The trustees may not sell or mortgage any of the Congregation's property without the prior consent of the general meeting.

 

(c) A trustee loses his office if

(i) he dies or is declared of unsound mind,

(ii) if he/she is absent from Singapore for more than one year,

(iii) if he/she is found guilty of conduct that makes him/her unworthy to continue as a trustee,

(iv) if he/she resigns as a trustee.

 

(d) Two weeks before the general meeting at which a trustee is to be removed from office or reappointed, the corresponding application by the Congregation must be announced by notice. The Registrar of Societies must be informed of the outcome of such a general meeting.

 

(e) The location or address of the properties, the names of the trustees and all changes in this regard must be reported to the Registrar of Societies.

20

For all administrative matters not expressly regulated by the constitution, the Church Council has the right to decide independently. The decisions of the Church Council are final, unless they are reversed by a general meeting.

21

Amendments, additions or deletions to the provisions contained in the constitution can only be decided at a general meeting by a two-thirds majority of the voting members present. Such resolutions shall only come into force after they have been approved by the Registrar of Societies.

22

(a) All forms of gambling, with or without stakes, are prohibited on the premises of the Congregation. Objects used for gambling or for the use of intoxicants shall not be allowed on the premises of the Congregation.

 

(b) No funds of the Congregation shall be applied to the payment of fines imposed on any member convicted by a court of law.

 

(c) The Congregation shall not

(i) carry on any trade union activities as defined under the written laws for the time being in force in Singapore in relation to trade unions.

(ii) attempt to restrict or interfere with trade, directly or indirectly make recommendations to its members or enter into agreements or understandings with them for the purpose or with the likely effect of fixing or controlling prices or discounts in respect of any goods or services in a manner that may be detrimental to the interests of consumers.

(iii) To hold any lottery on behalf of the Congregation, its officers, the Church Council or members, whether confined to members or not, unless authorised in advance by the appropriate authorities.

(iv) To engage in any political activity or allow its funds and/or premises to be used for political purposes.

(v) collect money from the public for any purpose without the prior written consent of the Criminal Investigation Department and such other authorities as may be appropriate.

23

Should any dispute arise between members of the Congregation, they shall endeavour to resolve the matter in dispute at an extraordinary general meeting in accordance with the provisions set out in the constitution. Should the members fail to resolve the dispute, they shall be at liberty to bring the matter before a court of law.

24

(a) The Congregation may only be dissolved with the written consent of the Church Office of the Evangelical Church in Germany, if not less than three-fifths of the voting members of the Congregation who are currently resident in Singapore give their consent in person or by proxy at a general meeting convened for this purpose.

 

(b) In the event of the dissolution of the Congregation, all debts and liabilities must be settled in full. The remaining balance will be donated to Orchard Road Presbyterian Church or to a Singaporean charitable organisation or organisations that pursue the same purpose as the Congregation, as decided by the Congregation.

 

(c) The dissolution will be reported to the Registrar of Societies within seven days.

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