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Statutes of the Studierendenwerk Mainz from 07.10.2021

last amended by the Second Statutes for the Amendment of the Statutes of Studierendenwerk Mainz dated 07.10.2021 dated 09.07.2024 by resolution of the Administrative Board of Studierendenwerk Mainz dated 09.07.2024, approved by the Ministry of Science and Health in accordance with § 116 para. 2 sentence 1 HochSchG by letter dated 19.08.2024.

On 7 October 2021, the Administrative Board of the Studierendenwerk Mainz approved the new regulations on the basis of § 112 para. 2 sentence 2 in conjunction with § 113 para. § 113 para. 1 no. 1 a) of the Higher Education Act (HochSchG) of 23 September 2020 (GVBl. p. 461), last amended by the law of 22 July 2021 (GVBl. p. 453), BS 223-41, the following statutes.

These were approved by the Ministry of Science and Health in accordance with Section 116 (2) sentence 1 HochSchG in a letter dated 25 October 2021.

§ 1 Legal form and registered office

Studierendenwerk Mainz is an institution under public law with legal capacity and is based in Mainz.

§ 2 Non-profit status

1) Within the scope of its legal mandate, the Studierendenwerk Mainz and its facilities exclusively and directly pursue charitable purposes in the sense of the currently valid version of the German Tax Code. The Studierendenwerk Mainz uses its funds and surpluses within the framework of the business plan exclusively for statutory purposes.

2) The facilities of the Studierendenwerk Mainz are special-purpose enterprises within the meaning of § 65 of the German Fiscal Code. There is no intention to make a profit. The Studierendenwerk Mainz and its facilities operate selflessly within the meaning of § 55 of the German Fiscal Code. It does not primarily pursue its own economic purposes.
§ 3 Tasks
1) The Studierendenwerk Mainz has the task of providing social support to the students of the universities assigned to it in accordance with § 112 Para. 1 No. 3 HochSchG as well as promoting them economically and culturally.

2) The tasks of the Studierendenwerk Mainz include in particular
a) the participation in the establishment of canteens and other catering facilities as well as the management of these facilities or the provision of catering for students in other ways,

b) the construction of student accommodation and co-operation in such measures,

c) the procurement and management of student accommodation and the provision of accommodation to students,

d) the establishment and operation of childcare facilities for students' children or the securing of occupancy rights in third-party facilities,

e) providing or arranging social counselling and psychological counselling, including counselling and support for foreign students, students with children and students with disabilities or chronic illnesses, as well as promoting the compatibility of studies and family life,

f) the establishment, provision and maintenance of other economic and social facilities,

g) the awarding of scholarships, loans and grants in accordance with the business plan,

h) the support of cultural events for students,

i) cooperation with other Studierendenwerke and higher education institutions, in particular with the aim of jointly fulfilling tasks, insofar as this is objectively necessary,

j) informing the public about the tasks of Studierendenwerk Mainz.

3) Within the framework of cooperation agreements, Studierendenwerk Mainz may provide catering and counselling services for students and universities outside the scope of the HochSchG under the same conditions as for students at its own locations, insofar as this appears expedient and no economic disadvantages are to be expected.

4) In order to generate additional funds for the support of students or to ensure the economic efficiency of the fulfilment of its tasks, Studierendenwerk Mainz may also provide its tasks and underlying services to third parties, provided and insofar as this does not impair the fulfilment of its tasks towards students. The Administrative Board reserves the right to further define or restrict this authorisation by binding resolution if necessary.

5) Studierendenwerk Mainz may fulfil other tasks to promote or support the members and affiliates of the universities or individual university locations and make its facilities available for other purposes. The fulfilment of the tasks according to paragraph 1 may not be impaired by the performance of the tasks according to sentence 1.

6) A change in the range of tasks requires a resolution of the Administrative Board in accordance with § 113 para. 1 no. 1b HochSchG and a corresponding amendment to the statutes.

7) Studierendenwerk Mainz may co-operate with other institutions in the performance of its tasks and make use of third parties to fulfil its tasks, participate in institutions or companies or establish institutions or companies. When founding companies, the application of the provisions of collective bargaining law applicable to the state of Rhineland-Palatinate must be ensured.

8) In performing its tasks, Studierendenwerk Mainz is committed to the principles of sustainable development and consideration of ecological aspects. It promotes the sustainable treatment of nature, the environment and people and works towards the conscious utilisation of resources. It contributes to the implementation of the state's sustainability strategy.

§ Section 4 Financing

1) The Studierendenwerk Mainz receives the funds required to fulfil its tasks in accordance with § 3 para. 2 of these statutes through

a) its own income,

         b) student contributions in accordance with the contribution regulations,

         c) grants from third parties,

         d) grants from the state of Rhineland-Palatinate in accordance with the state budget.

2) Studierendenwerk Mainz shall receive the funds required to finance the other tasks in accordance with § 3 para. 5 as follows:

a) Pro-rata reimbursement of costs by the universities concerned on behalf of the state,

b) Reimbursement of the actual additional expenditure by the client.

§ 5 Financial management

1) Economic management and accounting are based on commercial principles as well as the further requirements of §§ 112 para. 8 sentence 5, 114 HochSchG and the guidelines for the economic management, the preparation of business plans and the accounting of the Studierendenwerke in Rhineland-Palatinate of 29 March 2016 in the version published in the Joint Official Gazette of the Ministry of Education and the Ministry of Science, Further Education and Culture 2016, p. 67 ff.

2) In addition to covering costs, contributions and funds may be used to build up reserves, in particular to cover financial risks. A general operating reserve in the amount of the gross remuneration of all employees in the last three months of the financial year is aimed for. In addition, and insofar as surpluses are generated, reserves can be formed for the fulfilment of statutory purposes.

3) Cross-subsidisation between taxable commercial operations and tax-privileged operating facilities is excluded. In this respect, surpluses or losses may be carried forward to the following financial year. The allocation of surpluses to a reserve or the compensation of losses through the release of a reserve is only permitted insofar as this does not indirectly result in cross-subsidisation or circumvent the financing regulation in accordance with sentence 1.

§ 6 Bodies

The governing bodies of Studierendenwerk Mainz are the Administrative Board and the Managing Director.

§ 7 Administrative Board

1)The composition, election and term of office of the Administrative Board shall be determined in accordance with Section 113 (2) and (4) HochSchG. The interests of equal rights for women and men must be taken into account. The term of office for student members is two years.

2) The Administrative Board advises and decides on matters of fundamental importance to the Studierendenwerk within the meaning of § 113 Para. 1 HochSchG. Personnel decisions regarding the appointment of the deputy management shall be made by the Administrative Board on the recommendation of the management. In all other respects, the hiring, upgrading and dismissal of employees of the Studierendenwerk Mainz are delegated to the Managing Director for a final decision. The interests of equal rights for women and men must be respected.

3) The Administrative Board takes note of the semi-annual reports and discusses the need for action to be derived from them as well as any resolutions proposed by the Executive Board. § Section 113 (7) HochSchG remains unaffected.

4) The Administrative Board shall adopt its own rules of procedure.

5) The student members of the Administrative Board shall receive an expense allowance for attending ordinary meetings of the Administrative Board in which they have participated for at least half of the meeting time. The amount of the expense allowance is determined by the Administrative Board in its rules of procedure.

6) Members of the Board of Directors and guests invited by the Board of Directors shall be reimbursed necessary travel expenses upon request in accordance with the provisions of the State Travel Expenses Act of 24 March 1999 (GVBl. p. 89, BS 2032-30), as amended.

§ 8 Management

1) The managing director is responsible for the tasks defined in § 113 para. 5 ff. HochSchG. The managing director represents the Studierendenwerk Mainz externally and is the supervisor of the staff employed there. In doing so, he or she must observe the general guidelines issued by the Administrative Board for the management of Studierendenwerk Mainz.

2) The Managing Director assumes the role of the highest service authority within the meaning of § 89 LPersVG.

3) The Managing Director shall be represented by a permanent deputy.

4) The position of managing director must be advertised publicly. The applicant must have the necessary experience in the economic, legal and social fields. As a rule, a university degree is a prerequisite for appointment as managing director.

5) The Board of Directors may only pass a resolution on the dismissal of the Managing Director and the termination of his or her employment relationship with two thirds of the votes of its statutory members.

§ 9 Personnel

The provisions for employees of the state of Rhineland-Palatinate apply accordingly to the staff of the Studierendenwerk Mainz.

§ 10 Dissolution of the Studierendenwerk

If the Studierendenwerk Mainz is dissolved or cancelled or if tax-privileged purposes cease to exist, the assets of the Studierendenwerk Mainz are to be transferred to another Studierendenwerk within the scope of the Rhineland-Palatinate Higher Education Act, which must use the assets directly and exclusively for charitable purposes. Otherwise, the assets of Studierendenwerk Mainz shall be transferred to the state of Rhineland-Palatinate, which shall use them to fulfil tasks in accordance with §112 para. 5 HochSchG.

§ 11 Entry into force

1) These statutes shall enter into force on the day after publication in all university publications within the area of responsibility of Studierendenwerk Mainz.

2) With the entry into force of these statutes, the statutes of the Studierendenwerk Mainz dated 18 June 2015 shall cease to apply.

Mainz, 2 September 2024

signed. University Professor Dr Roland Euler
        (Chairman of the Administrative Board of the Studierendenwerk Mainz)