Deed of foundation
Name, legal form and registered office
The foundation has the name “Frederic von Anhalt Foundation”. It is an independent foundation under private law and is based in Dessau-Roßlau.
Purpose of the foundation
1. The foundation exclusively and directly pursues charitable and benevolent purposes within the meaning of the section "Tax-privileged purposes" of the tax code.
2. The purpose of the foundation is to promote child and youth welfare and the welfare system.
3. The purpose is to be achieved in particular through:
- Granting of financial aid or benefits in kind for socially disadvantaged children and adolescents, in particular if they are in need of medical care and care, provided that the requirements for the need for help within the meaning of Section 53 AO are met.
- Promotion of measures that are suitable to ensure medical care and supply even in emergencies.
- Allocation of funds to other tax-privileged organizations / corporations for the use of tax-privileged purposes that are similar to the purpose of the foundation, whereby priority should be given to persons or institutions in the fields of health care and research with regard to children and adolescents;
- The award of contracts for empirical research into the sociological conditions of needy children and adolescents, in particular their health situation and development, provided that the foundation's financial means allow it.
4. There is no legal entitlement to the granting of foundation benefits.
1. The foundation is selflessly active. It does not primarily pursue its own economic purposes. The foundation's funds may only be used for statutory purposes.
2. No person may be favored by expenses that are alien to the purpose of the foundation or by disproportionately high remuneration. The founder does not receive any donations from the foundation.
3. The foundation fulfills its tasks itself or through an auxiliary person within the meaning of § 57 para. 1 sentence 2 AO, unless it is active by way of fundraising in accordance with § 58 No. 1 AO. In order to achieve the purpose of the foundation, the foundation can maintain special-purpose operations, provided that the foundation's financial means are sufficient.
§ 4 Foundation assets
1. At the time of approval, the foundation's assets consisted of a base of DM 50,000.
2. The foundation's assets are to be invested in a profitable manner and to be maintained permanently and undiminished in their holdings. It can be reallocated to maintain its value or to strengthen its profitability.
3. All grants that are intended (sub-foundations) accrue to the foundation's assets.
Use of income from assets and grants
1. The foundation fulfills its tasks from the income from the foundation's assets and from donations, unless these are expressly intended to strengthen the foundation's assets.
2. The foundation can transfer its funds in whole or in part to a reserve, insofar as this is necessary in order to be able to fulfill its tax-privileged purposes in the long term and insofar as there are concrete goals and timing for the use of the reserve.
3. Within the scope of what is permitted under tax law, parts of the annual income can be allocated to a free reserve or to the foundation's assets in order to maintain value.
4. Based on these statutes, there is no legal claim by third parties to the granting of funding from the foundation.
1. Organs of the foundation are the board of directors and the foundation council.
2. The board of directors can appoint a special representative in accordance with Section 30 of the German Civil Code (BGB) for transactions that serve the purpose of the foundation.
3. The members of the board work on a voluntary basis, they are only entitled to reimbursement of their necessary expenses.
4. In their work, the members of the board of directors are only responsible for intent and gross negligence in their internal relationships with the foundation.
Composition of the board of directors
1. The board consists of at least one and a maximum of three people. The first board member is appointed by the founder for two years. The founder appoints the chairman and his deputy. After the initial appointment, the board members are appointed and dismissed by the board of trustees, with the exception of the chairman of the board, who is always appointed by the founder during his lifetime. The orders are valid for two years.
2. If the founder demonstrably fails to exercise the rights to which he is entitled according to the articles of association, the foundation bodies decide.
3. If the board of directors is recalled without a new board of directors being appointed at the same time, the board of trustees can appoint one or more of its members to act as interim management.
Duties of the board
1. The board of directors administers the foundation in accordance with the law and the articles of association. This includes in particular
a) the administration of the foundation's assets
b) the use of the foundation's funds,
c) the preparation of the annual financial statements with a report on the activities of the foundation to the foundation council and the foundation supervisory authority.
2. The board of directors represents the foundation in and out of court, it has the position of a legal representative.
The chairman of the board has sole power of representation. The other two board members are only jointly authorized to represent the foundation, unless a board member has been granted sole power of representation.
The board has a quorum if at least two of its members are present. The board of directors makes its decisions with a simple majority of the members present. In the event of a tie, the chairman has the casting vote; in the event of his absence, the vice chairman has the casting vote. The board meets as required. Minutes are to be kept of the meeting, which must be signed by all members. The board of directors meets as often as necessary at the invitation of the chairman; it distributes the business among its members by simple resolution or on the basis of rules of procedure.
The Board of Trustees can grant exemption from the restrictions of Section 181 of the German Civil Code (BGB) to individual members of the Executive Board.
Composition of the Board of Trustees
1. The Board of Trustees consists of a minimum of three and a maximum of seven members. They are appointed for a period of five years and work on a voluntary basis. Re-election is permitted. The composition of the first board of trustees is determined by the founder. The founder appoints the chairman and his deputy. Thereafter, the board of trustees complements itself by way of co-optation. The founder reserves a seat or chairmanship on the board of trustees. The appointment of the successor of a member of the Board of Trustees by the chairman should be made in good time so that the resigning member of the Board of Trustees can participate. A member of the Board of Trustees cannot be a member of the Board of Directors at the same time.
Duties of the Board of Trustees
1. The board of trustees has the task of advising and monitoring the board of directors.
2. The Board of Trustees can issue instructions to the Executive Board in pursuing the purpose of the Foundation. He has the full information rights according to § 90 AG.
3. The receipt of the annual accounts and the activity report. The Board of Trustees decides annually on the discharge of the Board of Directors.
4. After hearing the Board of Directors, the Board of Trustees can issue rules of procedure for the latter.
5. There is a quorum when at least half of the members of the Foundation Council are present. The board of trustees decides by a simple majority. In the event of a tie, the vote of the chairman decides, in his absence the vote of the deputy chairman.
6. The Board of Trustees meets at least once a year at the invitation of the Chairman or the Deputy Chairman. The invitation must be made in writing in good time. Minutes must be kept of the meeting, which must be signed by the chairman and his deputy. A written circulation procedure is permitted. In this case, all members of the Board of Trustees must agree to this procedure.
Amendment of the statutes, repeal
1. Amendments to the articles of association are permissible if this ensures the sustainable fulfillment of the foundation's purpose according to the will and ideas of the founder. They require a decision by the board of directors and the approval of the board of trustees.
2. Changes to the purpose require the approval of the Board of Directors and the Board of Trustees, whereby the respective chairmen and their deputies must also agree.
3. The dissolution of the foundation or the amalgamation of the foundation with another foundation is permissible if the fulfillment of the purpose has become impossible or no longer appears sensible in view of significant changes in the circumstances. They require the approval of all board members and the board of trustees.
In the event of the dissolution or dissolution of the foundation or if its previous charitable purpose ceases to exist, the assets fall to a tax-privileged corporation to be named by the foundation bodies with the condition that they are used directly and exclusively for selfless charitable purposes of child and youth welfare and welfare If the Board of Trustees does not make a decision on the tax-privileged corporation to be named within three months, the assets of the Foundation in the event of dissolution or annulment or if its previous charitable purpose no longer applies to:
Association of Lebenshilfe for the mentally handicapped local association Dessau eV in Dessau-Roßlau.
If the association no longer exists at this point in time, the assets will go to a tax-privileged corporation to be named by the foundation bodies, with the condition that they are used directly and exclusively for charitable purposes of child and youth welfare and welfare.
Come into effect
The amendment to the articles of association comes into force with the approval of the foundation authority.