§ 1 Name, Place of Business, Legal Status, Financial Year
The foundation’s name is “Saint Barbara”. It is a juridical foundation under civil law with headquarters in Munster. The financial year is the calendar year.
§ 2 Foundation Purpose
- The foundation’s purpose is the advancement of relief for war victims, war survivors and war disabled as a result of landmines, the advancement of disaster- und civil protection, the advancement of science and research as well as development cooperation. The foundation’s purpose is realized in Germany and abroad specifically through:
- Demand analysis, supervision and final acceptance of projects.
- Planning and carrying out of humanitarian aid projects.
- Planning and carrying out of humanitarian mine and ordnance clearance projects.
- NBC protection measures.
- Support and carrying out of specific measures for disaster aid.
- Planning and implementation of scientific projects and research on the issues of disaster and civil protection as well as development cooperation, including NBC protection measures.
- Development of concepts, organization and carrying out of development aid projects.
- Planning and carrying out of projects in adaption to the effects of climate change, especially in developing countries.
- Educational activities for the population in affected areas as well as training of native personnel to protect the civil population (help for self-help).)
- Coordination of supporting measures and cooperation with non-profit humanitarian organizations with a similar purpose.
- Public relations (i.e. information events, lectures, publications regarding the work of the foundation.
- There is no legal claim for the granting of the foundation’s funds.
§ 3 Non-Profit Status
- The Saint Barbara Foundation pursues exclusively and directly charitable purposes, in accordance with the section “tax privileged purposes” of the tax regulations.
- The foundation is non-profit; it does not primarily pursue economic purposes of its own.
- The foundation’s funds may be used only for purposes that are in accordance with the statute. No person may be benefited from allocations that are not in accordance with the purpose of the foundation, or through inappropriately high compensation. The foundation may not use its funds for either the direct or indirect support of political parties.
- The foundation operates directly in its own name, but also becomes active through the donation of funds.
§ 4 Foundation Capital
- The foundation’s capital is evidenced by the deed of foundation.
- The foundation’s capital may be increased from donations by a third party, as far as these have been specifically earmarked for it.
- Free reserves may be created in accordance with the tax regulations.
- In the long-term interest of the existence of the foundation, the foundation’s capital is not to be reduced in value. Reallocation of capital is permissible, although the maintenance of its value is to be observed.
- The foundation fulfills its tasks by means of grants, donations and income from the foundation’s capital.
§ 5 Foundation’s Body
The foundation’s body consists of the board of directors and the board of trustees.
§ 6 Board of Directors
- The board of directors of the foundation consists of three members (the chairman, vice chairman and another member). The first board of directors is appointed by the founder. The founder is appointed as chairman of the board for life. The other members are nominated by the chairman and appointed by the board of trustees by ordinary resolution.
- After the death of the founder the board of trustees appoints a new chairman of the board with the consent of his heirs.
- The members of the board of directors should have professional competence and experience in line with the foundation’s tasks.
- The board of directors is appointed for a period of four years. The right to revoke the appointment due to important reasons remains untouched. The members of the board of directors carry out business until new elections. Re-election is permissible.
- The chairman of the board represents the foundation externally. In his absence the foundation is represented by the vice chairman.
- The board of directors decides in all fundamental affairs according to the statutes independently and conducts the day-to-day business of the foundation.
- The members of the board of directors are entitled to be reimbursed for necessary and adequate disbursements incurred in accordance with the foundation’s work. The members of the board of directors can get an adequate remuneration for their efforts as far as the economical situation of the foundation allows. The board of trustees decides about the remuneration and determines the amount. The remuneration has to be contractually agreed.
§ 7 Board of Trustees
- The board of trustees is formed to support the foundations goals and tasks. It is obliged to consult and support the board of directors nationally and internationally. Beyond this, the board of trustees decides on the yearly budget, the report on the fulfillment of the foundation’s purpose and the annual accounts as well as on other affairs indicated in these statutes. The members of the board of trustees perform their tasks on a voluntary basis.
- The board of trustees consists of a minimum of 10 people. The first board of trustees is nominated by the founder in accordance with the deed of foundation. After that, the members are nominated by the board of trustees or the board of directors and appointed by the board of trustees by ordinary resolution.
- The board of trustees nominates from amongst its members a chairman and a vice chairman. The vote of the chairman is the deciding vote when a tie exists.
- The term of office of the members of the board of trustees shall be five years and extends until revoked.
- The meetings of the board of trustees are called by the chairman when needed, whereby a meeting should be held at least once a calendar year. Two weeks’ notice must be given. A meeting must be called when at least five members of the board of trustees or the chairman request a meeting.
- The board of trustees constitutes a quorum when at least half of the members are present or represented by a written proxy which assigns the right to vote to another member of the board of trustees. It passes resolutions by a simple majority of the votes. Resolutions can also be passed in a written circulation procedure, as long as no member of the board of trustees opposes. Minutes of meeting are to be recorded.
§ 8 Final Clauses
- The foundation’s board of directors is empowered, with the consent of the board of trustees and the founder, and after his death with the consent of his heirs, to change the statutes or to make additions to them. The exclusively charitable purpose of the foundation is to be upheld thereby.
- In case of the dissolution or cancellation of the foundation, or through the loss of its tax privileged purpose, the remaining capital is to go to the city of Munster, which is to use it directly and exclusively for non-profit, charitable and religious purposes.
§ 9 Supervision
- The foundation’s supervision authority is the district government of Lüneburg.
- The board of directors of the foundation is required to:
- inform the supervision authority of every change in the constitution of the foundation’s body.
- to provide annual accounts and a report about the fulfillment of the foundation’s purpose within five months after the end of the financial year.
- Changes in the statutes become effective after approval by the foundation’s authority.
from 28 JULY 1995
in the version of 01 OKT 2018