Statutes for Techcollege

Chapter 1: Name, registered office and purpose

1. 1 Techcollege is an independent institution with its registered office in Aalborg Municipality, North Jutland Region, and is covered by the Act on Institutions for Vocational Education. The institution's CVR number is 46994051. The name of the institution and subsequent changes thereof are approved by the Minister for Children, Education and Equality.

1.2 The provisions of Chapter 2 of the Public Administration Act on disqualification and Chapter 8 on the duty of confidentiality etc. apply to the board of directors, the manager and other employees of the institution.

2. 1 The institution was established on 03.03.1805 as Aalborg Technical School and was most recently merged with the Seminary for Crafts and Design on 01.01.2003. As of 01.08.2008, the institution changed its name from Aalborg Technical School to Tech College Aalborg. As of 08.04.2016, the institution has changed its name from Tech College Aalborg to Techcollege.

3. 1 The purpose of the institution is, in accordance with the legislation, to offer vocational basic and continuing education and other education and training. The institution's offering includes vocational education, labour market education and related education primarily within the technical field and the agricultural and farming area, as well as upper secondary education leading to the higher technical examination (htx).

3. 2 The institution may, in connection with the education programmes it is approved to offer, cf. subsection 1, carry out revenue-generating activities in accordance with the rules in the budget guidance and the rules laid down by the Minister for Children, Education and Equality.

3.3 The institution may, in connection with the education programmes, cf. paragraph I, develop and implement measures justified by labour market policy.

3.4 The institution's purpose is also to operate a boarding school (school home) covered by Section I 8(1) of the Act on Institutions for Vocational Education.

Chapter 2: Composition of the Board of Directors

4. 1 The institution is managed by a board of 11-12 members with voting rights. In addition, the board has two members without voting rights. Members with voting rights must be of legal age. The board is composed as follows:

A) 9-10 external members:

1 member is appointed by Dansk Metal Aalborg.

1 member is appointed by the Trade Union Ban 33 Aalborg – construction group.

1 member is appointed by the Danish Electricity Association North Jutland.

1 member is appointed by the Trade Union 3F Aalborg – Private Service, Hotel & Restaurant.

1 member is appointed by the Confederation of Danish Industry (the representative must have knowledge of construction education and the construction industry).

1 member is appointed by Horesta-A.

1 member is appointed by Tekniq.

1 member is appointed by Aalborg Municipality.

1 member is appointed by Techcollege's board of directors via self-replacement.

4. 2 When appointing the employer- and employee-appointed members of the board, the local coverage and industry spread that reflect the institution's activities must be taken into account as far as possible.

Those appointed must have contact with the local labor market.

B) 1 member with voting rights and 1 member without voting rights, appointed by the student council from among participants in education at the institution. When appointing, the student council decides which member, who has reached the age of 18, has voting rights.

C) 1 member with voting rights and 1 member without voting rights, appointed by and from among the institution's employees. The employees decide on which member has voting rights when appointing them.

4. 3 The board of directors should, as far as possible, have a balanced composition of women and men.

4. 4 Employees and participants in training at the institution may not be appointed as external members of the board of directors pursuant to subsection 2.A). The same applies to employees in management positions or other employees in the administration at other institutions for vocational training.

4. 5 The head of the institution, cf. section 15, who is the secretary of the board, participates in the board meetings without the right to vote.

5. 1 The members of the board of directors must collectively contribute to promoting the institution's strategic work with their experience and professional insight into education and the labor market's needs for the education programs.

5.2 The external members are appointed in their personal capacity and must collectively have experience with educational development, quality assurance, management, organization and finance, including assessment of budgets and accounts as well as educational quality.

6.1 The term of office of the board is 4 years, running from the 1st of May after elections for municipal boards have been held.

6.2 Re-appointment may take place.

6.3 If a member no longer meets the conditions for membership, cf. section 5(7) and (8) of the Act on Institutions for Vocational Education, the member must resign from the board of directors immediately. The person entitled to appoint must appoint a new member for the remaining part of the term of office as soon as possible.

6.4 If an employee or a participant in training at the institution no longer meets the conditions for appointment as a member of the board, membership shall cease immediately. The person entitled to appoint shall appoint a new member for the remaining part of the term of office as soon as possible.

Chapter 3: Duties and responsibilities of the board of directors

7.1 The board of directors has the overall management of the institution.

7.2 The board, upon recommendation from the head, determines the institution's objectives and strategy for the education programmes and associated activities in the short and long term, the annual programme for the institution's activities and approves the budget and accounts.

7.3 The board of directors shall work to ensure that the institution undertakes teaching, advisory and other service activities that enable the need for vocational basic and continuing education among education seekers and companies to be met to the greatest extent possible. The board of directors shall, on the recommendation of the manager, decide on the institution's provision of training that provides qualifications and on the implementation of other educational activities such as income-generating activities and other activities within the purpose, cf. § 3.

7.4 The board of directors prepares the institution's statutes.

8.1 The board is responsible to the Minister for Children, Education and Equality for the operation of the institution, including the management of government grants.

8.2 The board members are not personally liable for the institution's financial obligations. The general rules of Danish law on compensation apply to the board members.

9.1 The board of directors shall manage the institution's funds so that they are of the greatest possible benefit to the institution's purpose. Within this purpose and under the conditions laid down in or pursuant to legislation, the board of directors shall have free disposal of the use of government grants and other income.

9.2 The institution's funds, with the exception of necessary cash reserves, are invested in accordance with the provisions of section 11(3) and (4) of the Act on Institutions for Vocational Education.

9.3 All securities belonging to the institution must be listed in the institution's name.

10.1 The board of directors appoints and dismisses the head of the institution. The other staff of the institution are appointed and dismissed by the board of directors upon recommendation from the head, cf. however, section 14.3.

10.2 The board of directors must follow the provisions set or agreed upon by the Minister of Finance regarding salaries and employment conditions, including pension conditions, for the staff employed by the institution.

11.1 The board of directors appoints the institution's internal auditor and changes auditors in compliance with section 26(3), second sentence, and section 27 of the Act on Institutions for Vocational Education.

11.2 The board of directors shall inform the Ministry of Children, Education and Equality and the Auditor General of the appointed internal auditor and of any change of internal auditor.

Chapter 4: The work of the board of directors

12.1 The board of directors shall elect its chairman and deputy chairman from among the external members, cf. section 4, subsection 2, A).

12.2 The chairman - and in his absence the vice-chairman - shall call and chair the meetings of the board of directors. At least 4 meetings shall be held annually. A meeting shall also be held when at least 2 board members so request.

12.3 The Board of Directors has a quorum when at least half of the members entitled to vote are present. Decisions are made by a simple majority of votes, cf. however, paragraph 4. In the event of a tie, the vote of the Chairman - and in his absence, the vote of the Deputy Chairman - is decisive.

12.4 For decisions to amend the articles of association, to purchase, sell or mortgage real estate, to merge or split, and to dissolve, at least 2/3 of all voting board members must vote in favor.

12.5 The decisions of the board of directors shall be recorded in minutes, which shall be signed by all board members. A board member who disagrees with the board of directors' decision has the right to have his or her opinion recorded in the minutes.

13.1 Members of the board of directors may be paid a separate remuneration in accordance with the rules laid down by the Ministry of Children, Education and Equality.

13.2 The travel expenses and other expenses of the board members in connection with their duties are borne by the institution in accordance with the rules on reimbursement of expenses for official travel in the state.

14.1 The Board of Directors shall establish rules of procedure and instructions for its work. The rules of procedure and instructions shall, at a minimum, determine:

1) Guidelines for the division of labor between the board of directors on the one hand and the head of the institution on the other, including specifying options for delegation.

2) Procedures for taking a position on the institution's administration, including the accounting function, internal control, IT, organization and budgeting, as well as the institution's salary and personnel policy.

3) Procedure for obtaining information necessary for the fulfillment of the board's tasks and for the board's discussions on the board's competence profile.

4) Procedure for follow-up on plans, internal and external evaluations, reports on the institution's educational results, budgets, reports on the institution's liquidity, activity development, financing conditions, cash flows, etc.

5) Procedure for and content of audit protocol, etc.

6) Procedure for reviewing interim financial statements and the like during the financial year, including assessment of the budget and deviations therefrom.

7) Procedure for obtaining the necessary basis for audit.

14. 2 If the board of directors establishes an executive committee, the framework for its establishment, composition and function must be determined in the rules of procedure. The executive committee cannot be given decision-making authority in matters that fall within the competence of the board of directors.

14. 3 The board of directors may authorize the manager to exercise, to a specified extent and under the responsibility of the board of directors, the powers granted to the board of directors, unless there are specific duties of action and the like for the board of directors.

Chapter 5: Daily management of the institution

15. 1 The head of the institution is responsible for the day-to-day management of the institution and is responsible for the business to the board of directors.

15. 2 The manager must, in accordance with guidelines set by the board, submit to the board an annual written report on the institution's activities in the past year, proposals for the coming year's budget and the planning of the institution's education programmes and associated activities.

Chapter 6: Subscription rights

16. 1 The institution is signed by the chairman of the board and the head of the institution jointly or by one of these jointly with the deputy chairman of the board.

Chapter 7: Accounting and auditing

17. 1 The institution's accounting year is the financial year.

17. 2 The institution's accounts are audited by the National Audit Office in accordance with section 2(1) of the Act on the Audit of the State Accounts etc. The Minister for Children, Education and Equality and the Auditor General may, in accordance with section 9 of the Act on the Audit of the State Accounts etc., agree that audit tasks are carried out in a more specifically defined collaboration between the National Audit Office and the internal auditor mentioned in section 11.

17. 3 At the end of the financial year, the institution shall prepare an annual report in accordance with the rules laid down by the Minister for Children, Education and Equality. The institution's accounting must follow the rules laid down by the Minister for Children, Education and Equality and accounting instructions approved by the board.

17. 4 The annual report shall be signed by all board members and by the head of the institution. In connection with submitting the annual report, the board members shall make a solemn declaration that they meet the conditions for being a member of the board, cf. section 5(7) and (8) of the Act on Institutions for Vocational Education.

Chapter 8: Assets and liquidation

18.1 If the Ministry of Children, Education and Equality revokes the approval of the independent institution pursuant to Section 2 of the Act on Institutions for Vocational Education, the institution must be dissolved.

18.2 A decision to close down the institution in cases other than those specified in subsection 1 may only be made by a majority comprising at least 2/3 of all voting members of the board of directors, and must be approved by the Minister for Children, Education and Gender Equality, cf. section 2, subsection 3, of the Act on Institutions for Vocational Education.

18.3 Upon the institution's closure, the liquidation will be handled by a liquidation committee of 3 members appointed by the board of directors. The board of directors of the institution will function until the liquidation committee has been appointed.

19.1 A calculation of the net assets of Techcollege as of 31.12. 1990 has been made, which amounted to a total of DKK 97,711,100 for the then Aalborg Technical School and DKK 0 for the then Seminarium for Håndværk og Design, Nørresundby.

19.2 A separate registration is made on an ongoing basis of gifts given in the form of movable property, real estate and construction grants for real estate. Movable property means furniture, equipment, works of art and the like.

19.3 The net assets, calculated at the time of liquidation, shall be used as follows:1) The net assets calculated in accordance with subsection 1, as well as gifts given in the form of movable real estate and construction grants for real estate, given on or after 1 January 1991, shall be used for educational and training purposes after approval by the Minister for Children, Education and Gender Equality and after consultation with the municipal council of Aalborg Municipality.2) The remaining part of the net assets shall then be used for educational and training purposes according to the provisions of the Minister for Children, Education and Gender Equality.

19.4 The part of the assets that have been donated as gifts is calculated at the current market value, less any added value resulting from publicly financed improvements in the form of renovations, extensions, etc. If special conditions have been imposed by the donor, these must be respected as far as possible.

Chapter 9: Entry into force etc.

20.1. These statutes come into force on 17 December 2021 and are published on the school's website on the same date. Thus adopted at the board meeting on 17 December 2021 in accordance with the current statutes' rules on amendments to the statutes.