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17 | 12 | 2018
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Statute of the Wilhelm-Leuschner-Foundation of Bayreuth
preamble

The heritage of the German resistance against the national-socialism is one of the foundation pillars of the basic order of the Federal republic of Germany as a democratic and social constitutional state. One symbol figure of the German resistance from the intellectual roots of the democratic Socialism is Wilhelm Leuschner, whose birth house stands in Bayreuth. His life and his political work is one piece of the historical legacy of the German resistance against barbarism and national-socialism. As long as some people have the memory of this tyranny the freedom can be appreciated and enjoyed. Each new generation of adolescents estimate no longer the comforts of the fight against the tyranny so high because they have lost the awareness of a worse state. The awareness of the good state which arises from a worse constitution must be comprehended as a passing on of the resistance and his intellectual roots as historical duty of each generation. The function of the Wilhelm-Leuschner-Foundation is it to convey this heritage to the new generations. Her aim is the advancement of the scientifically research and conveyance of his life-time achievement. This is combined with his commitment for social equity, his concur on the constitution of a modern welfare state and a vibrant political democracy as well as his advocacy for the European people rapprochement. His resistance against the enemies of the democracy should be in the advancement of the educational and exhibition site in his birth house in Bayreuth as well subject of the foundation as the conveyance of international encounters of young scientists, members of domestic and foreign youth organizations and also multiplier of the political educational work.

§ 1 name, legal status, domicile
The foundation bears the name „Wilhelm-Leuschner-Stiftung“. It is an incorporated public foundation of civil law, based in Bayreuth.

§ 2 purpose of the foundation

(1) Purpose of the foundation is to keep alive the remembrance on the life, achievement and the functioning of the former minister of interior of Hesse and member of the resistance Wilhelm Leuschner in the public awareness. Purpose of the foundation is furthermore the interdisciplinary scientific educational and artistic examination with the national socialist extermination policy and its implications till the present especially the support of a commemorative exhibition of life and functioning of Wilhelm Leuschner and his importance for today’s time. The support of an exhibition in the birth house of Wilhelm Leuschner in Bayreuth, Moritzhöfen 25, should be occur as a piece of the German resistance history with statements about the current constitution and legal order Germanys and whose conveyance to upcoming generations. It should enable the conveyance of plurality, tolerance, grace of charity and solidarity as a heritage of the resistance in the form of ideological education. In addition it should convey the European dimension of the heritage of the German resistance which will avoid war as an aid of politics between the national states.

(2) The purpose of the foundation shall be achieved in particular by following measures:
1. Development of academic and extracurricular learning opportunity about life and functioning of Wilhelm Leuschner and for the history of the 20th century.
2. Youth education by international meeting of young people from science, research, unions and other institutions in spirit of the social democracy as well as supporting the encounter work by the maintenance of seminar rooms on the area of the birth house of Wilhelm Leuschner in Bayreuth.
3.  Advancement of the commemorative exhibition about Wilhelm Leuschner in his birth house in Bayreuth and the cooperation with other memorials in exchange of exhibitions about the heritage of the German resistance. 
(3) The foundation pursues exclusively and directly charitable purposes within the meaning of the section “tax-privileged purposes” of the tax code. 

§ 3 restrictions

(1) The foundation does not act on its own behalf. It does not pursue primarily serving its own economic interests. It is not allowed to abet a legal or natural person with expenditures which are different to the purpose of the foundation or which are disproportionately high subsidies, benefits or allowances. 
(2) A legal entitlement of benefits of the foundation is not entitled for the beneficiaries of the foundation because of this statute.
 
§ 4 asset of the foundation

(1) The asset of the foundation has to preserve in his asset continuously and undiminished. It arises from the asset which is essential part of this statute.
(2) Additional founding (allocation to the asset of the foundation) are admissible. Allocations without purpose because of a decision of death can be allocated to the asset of the foundation.
§ 5 foundation funds

(1) The foundation achieve its duties: 1. from the proceeds of the asset of the foundation, 2. from allocations, as far as the allocator does not define the increase of the asset of the foundation; § 4 paragraph 2 sentence 2 stays unaffected.
(2) All capital does only be used for statutory purpose.
(3) It may be built savings whether and as long as it is necessary, to be able to achieve enduring the tax-advantaged statutory purposes and as far as there exist concrete targets and concepts of time for the usage of the savings. The overage of the proceeds about the expenses from the asset management can be in the course of the tax-based regulations conveying to the asset of the foundation for the conservation of value.

§ 6 foundation bodies

(1) Bodies of the foundation are:
1. The governing body,
2. The foundation council

(2) The activities of the foundation bodies are voluntary. Arising expenses are supplanted. For material expenses and expenditure of time of the members of the governing body the foundation council can decide in its height adequate allowance.

§ 7 foundation board

(1) The foundation board consists of three members. They are appointed for the duration of five years by the benefactors; by an untimely retirement of a foundation board the new member is only appointed for the rest of the tenure. The board activity can only be bear until the completion of the 65th year of age. After the first time in office the foundation board is elected by the foundation council. Re-election is admissible. An outgoing member will remain in charge – at the request of the foundation council - until the election of the following member.
(2) The foundation board elects from its center a chairman/chairwoman and a vice-chairman/chairwoman who replace the chairman/chairwoman in any matter in case of being prevented.

§ 8 representation of the foundation, duties of the foundation board
(1) The foundation board represents the foundation judicially and out of court. He has the status of a legal representative. His members are authorized to solely represent. Internally the chairman/chairwoman represents the foundation alone. From the restrictions of Article 22 paragraph 1 sentence 1 BayStG the foundation board is exempt.     
(2) The foundation board is authorized instead of the foundation council to make urgent dispositions and obtain not to be delayed dealings. Thereof he has to inform at the latest the foundation council at the next session.
(3) The foundation board runs according to the guidelines and decisions of the foundation council the dealings of the current administration. He is committed to administrate conscientiously and economically the asset of the foundation and the other capital. Duties of the foundation board are in particular
1. The schedule of the budget proposal of the foundation,
2. The submission of the proposals for the use of the proceeds of the asset of the foundation and for usage possible assertive allocations,
3. The production of the report of the fulfillment of the foundation’s purpose and also the submissions of the proceeds and expenditures of the foundation and its asset (Article 9 paragraph 1 sentence 2),

4. The current management for the fulfillment of the foundation’s purpose,
(4) For the course of business of the foundation board there apply the regulations of the article 12 of this statute. 

§ 9 management, accounting year
 
(1) The board of directors has to chronicle the proceeds and the expenditures of the foundation and to collect the bills and receipts. At the end of each accounting year a report about the fulfillment of the foundation’s purpose and also about the proceeds and expenditures of the foundation and about its asset must be made. The foundation board can appoint a business manager for the activities of the current administration.
(2) Accounting year is the calendar year. 

§ 10 foundation council

(1) The foundation council consists of seven to nine members. For each full member can be appoint a personnel representation. They are appointed by the benefactors for the duration of five years; by an untimely retirement of a member the new member is only appointed for the rest of the tenure. After the first time in office the members and its representation are elected by the present foundation council. Re-election is admissible. An outgoing member will remain in charge – at the request of the foundation council - until the election of the following member. The membership in the foundation council ends with the completion of the 75th year of age. Exceptions define the foundation council.  
(2) Members of the foundation council are not allowed to be at the same time in the foundation board.
(3) The foundation council elects among its center a chairman/chairwoman and a vice-chairman/vice-chairwoman who replace the chairman/chairwoman in any matter in case of being prevented.

§ 11 duties of the foundation council

(1) The foundation council decides in all fundamental matters and advises supports and supervises the foundation board in its activities. He decides in particular about 
1. The budget proposal, cf. Article 8 paragraph 3 No. 1;
2. The submission of the proceeds of the asset of the foundation and for usage possible assertive allocations, cf. Article 8 paragraph 3 No. 2;
3. The annual and capital account, cf. Article 8 paragraph 3 No. 3;
4. The election of the members of the foundation board after the first time in office;
5. The decision about the height of the expense allowance respectively salaries for the foundation board members;
6. The discharge of the foundation board;
7. Modifications of the foundation statute and applications about transformation or annulment of the foundation.

(2) The chairman/chairwoman of the foundation council represents the foundation in all legal transactions with the foundation board or several members of the foundation board.
 
§ 12 courses of business of the foundation council

(1) The foundation council convenes a meeting by the chairman/chairwoman as necessary, minimum once a year stating the agenda and adherence to a time limit of fourteen days. Meetings have to convene furthermore if not less than four members or the board of directors demands this. The board of directors can attend the meeting of the foundation council on demand of the foundation council he is obliged to. 

(2) The foundation council has a quorum if it’s duly been loaded and not less than the half of the members among them the chairman/chairwoman or the vice-chairman/vice-chairwoman. Errors in concerning the invitation are considered as healed if all affected members are attending and not one of them raise an objection.
(3) The foundation council makes his decisions as far as no case of paragraph 13 is existent with ordinary majority of the votes cast. By equality of votes the vote of the chairman/chairwoman or vice-chairman/vice-chairwoman turns the balance. As far as a member of the benefactors is a member of the foundation council there can not be made decisions against the vote of the benefactor.
(4) If no members disagree decisions can be made by written circulation procedure. This does not apply for decisions after Article 13 of this statute. 
(5) About the meetings transcripts must be produced and they must be signed by the chairman/chairwoman and the secretary. They have to make aware to all members of the foundation body and to the foundation oversight. 

§ 13 amendment of the statute, transformation and annulment of the foundation

(1) Amendments of the statute are admissible as far as they are necessary for the adjustment at changed circumstances. They must not influence and annul the tax concession of the foundation. As far as they can affect the tax concession of the foundation they must be brought as statement before the responsible tax authorities.
(2) Changes of the purpose of the foundation are only than admissible if its fulfillment becomes impossible to the circumstances have changed in such a manner that the fulfillment of the foundation’s purpose seems not longer useful. Transformation and annulment of the foundation tend to the statutory provisions.
(3) Decisions after paragraph 1 need the allowance of at least two-thirds of the members of the foundation council and of the foundation board, decisions after paragraph 2 need the allowance of all members of the foundation council and of the foundation board. The decisions become operative after the permission of the government of Upper Franconia (§ 15). 

§ 14  Vermögensanfall

By suspension and annulment of the foundation or by discontinuation of its tax-advantaged purpose the residual asset fall to the share of the club for culture and social history Bayreuth registered society. That has to apply it under regard of the foundation’s purpose directly and exclusively for non-profit purposes.

§ 15 foundation oversight

(1) The foundation is supervised by the government of Upper Franconia.
(2) The foundation oversight administration must be informed immediately about changes in the address, of the authorized representatives and the composition of the organs.

§ 16 coming into effect
 
The statute becomes effective with the permission of the government of Upper Franconia on April 5th 2002.
Last amended from the foundation oversight of the government of Upper Franconia in September 2007.

 
Finanzielle Förderer

fvlz

 

Bayerische Landesstiftung

 Bayerische Landesstiftung

 

Kooperationspartner

Bayerische Landeszentrale für politische Bildungsarbeit

Allianz gegen Rechtsextremismus in der Metropolregion Nürnberg
 
 
Hausbank

 Sparkasse Bayreuth

Büroausstatter

Möbel Hertel Bayreuth

Besucher
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