Statutes of the Julius Hackethal Foundation
§ 1 Name and Legal Form
- The foundation bears the name Julius Hackethal Stiftung (Julius Hackethal Foundation).
- The founder is Mrs. Carmen Wloczyk, Buchfinkenweg 23, 04159 Leipzig, hereinafter referred to as the Founder.
- It is a dependent foundation (non-legally capable) and is represented in trust by Mr. Markus Wloczyk, Buchfinkenweg 23, 04159 Leipzig, hereinafter referred to as the Trustee, who represents it in legal and business affairs.
- Attaining full legal capacity is an objective of the foundation as soon as the existing statutory frameworks can be fulfilled.
§ 2 Purpose of the Foundation
Within the scope of the sub-items mentioned in paragraphs 1 and 2, the foundation pursues charitable and non-profit purposes in the fields of:
1. Public Health and Public Healthcare
through the following measures:
- Establishment of a facility for: counseling and public education
- Training of medical practitioners across various health professions
- Honoring the achievements of Prof. Julius Hackethal
2. Promotion of Science and Research
through the following measures:
- Forwarding of funds for projects in science and research
§ 3 Charitable Status (Gemeinnützigkeit)
- The foundation exclusively and directly pursues charitable and non-profit purposes within the meaning of the section "Tax-Privileged Purposes" of the German Tax Code (Abgabenordnung - AO).
- The foundation acts selflessly. It does not primarily pursue its own economic purposes. The funds of the foundation may only be used for the purposes set forth in these statutes.
- No person may be favored by expenditures that are alien to the purpose of the foundation, or by disproportionately high remuneration.
- The foundation fulfills its tasks itself or through an auxiliary person within the meaning of § 57 para. 1 sentence 2 AO, provided it does not operate by way of fundraising pursuant to § 58 No. 1 AO.
- The foundation may maintain a commercial enterprise (Zweckbetrieb) to realize the foundation's purpose.
§ 4 Foundation Assets
- The foundation assets result from the foundation agreement (Stiftungsgeschäft).
- The core of the foundation assets must be preserved permanently and undiminished, and must be invested as profitably as possible.
- The foundation assets shall be increased by all donations intended for this purpose (endowments/Zustiftungen).
§ 5 Use of Asset Earnings and Donations
- The foundation fulfills its tasks from the earnings of the foundation assets and from donations, unless these are expressly intended to strengthen the foundation assets.
- The foundation may allocate its funds, in whole or in part, to a reserve, provided this is necessary to sustainably fulfill its tax-privileged purposes and provided that specific objective and time concepts exist for the use of the reserve.
- To preserve value, parts of the annual earnings may be allocated to a free reserve or to the foundation assets within the framework of what is permitted under tax law.
- Third parties have no legal claim to the granting of foundation benefits, which are revocable at any time, on the basis of these statutes.
§ 6 Foundation Organ
- The organ of the foundation is the Board of Trustees (Kuratorium).
- The members of the Board of Trustees act in an honorary capacity. They are entitled to reimbursement of their out-of-pocket expenses and costs. An appropriate compensation (flat rate) may be provided for the time and work contributed by the members.
§ 7 Board of Trustees
- The Board of Trustees consists of a minimum of two and a maximum of five members.
- Ex-officio members (geborene Mitglieder) are the Founder (or persons designated by them) as well as the Trustee or his representative. The Chair of the Board of Trustees during their lifetime shall be the Founder, and subsequently one of their succeeding persons. The Founder is entitled to resign from office at any time.
- The Trustee remains an ex-officio member of the foundation, even after the foundation has attained independent legal capacity.
- The ex-officio members may appoint further members (co-opted members).
- The term of office for members of the Board of Trustees is 2 years. Reappointment is permissible. Upon the retirement of a co-opted member of the Board of Trustees, the successor shall be named by the remaining (ex-officio) members.
- The Board of Trustees elects a Deputy Chair and - without prejudice to the provisions of paragraph 2 - a Chair from among its members.
- The Board of Trustees should consist of individuals who possess special expertise and experience with regard to fulfilling the tasks of the foundation. One member should be an expert in financial and economic matters.
§ 8 Tasks of the Board of Trustees
- The Board of Trustees decides on the allocation of foundation funds. The Trustee has a right of veto against this decision, particularly if it violates the statutes or statutory or tax regulations.
- Resolutions of the Board of Trustees are generally adopted during meetings. The Board of Trustees is convened to a meeting by the Trustee as required, but at least once a year, stating the agenda and observing a notice period of two weeks. Meetings must also be convened if all members of the Board of Trustees request it.
- The Board of Trustees adopts its resolutions by a simple majority.
- The Board of Trustees designates a Chairperson.
- Minutes must be taken of the meetings and signed by the meeting chair and the recording secretary. These must be brought to the attention of all members of the Board of Trustees.
- If no member of the Board of Trustees objects, resolutions may be adopted via written or telephone circular procedures. In the written procedure, a response period of two weeks from the dispatch of the request for voting applies.
- Resolutions concerning an amendment of the core purpose or the dissolution of the foundation can only be adopted in meetings. Unanimity is required for such resolutions.
- Resolutions on amendments to the statutes require the consent of the Trustee.
- The Board of Trustees reserves the right to establish a support association (Förderverein), whose task shall be to promote the foundation's purpose in general and to assist the members of the Board of Trustees in fulfilling their duties. The members of the association are appointed unanimously by the Board of Trustees.
§ 9 Trust Administration
- The Trustee, Mr. Markus Wloczyk, Buchfinkenweg 23, 04159 Leipzig, manages the foundation assets separately from his personal assets. He allocates the foundation funds and handles funding measures.
- Mr. Markus Wloczyk submits a report to the Board of Trustees as of December 31 of each year, which explains the asset investment and the allocation of funds on the basis of a certified statement of assets. Within the scope of his public reporting, he also ensures appropriate publicity for the foundation's activities.
- The Board of Trustees determines how the Trustee is compensated for his administrative services.
§ 10 Adaptation of the Foundation to Altered Circumstances and Dissolution
- If circumstances change to such an extent that the permanent and sustainable fulfillment of the foundation's purpose is no longer considered meaningful by the Trustee and the Board of Trustees, they may jointly resolve a new foundation purpose or name for the foundation.
- The resolution requires the consent of all members of the Board of Trustees. The new foundation purpose or the foundation under a new name must be charitable and must lie within the fields specified in § 2.
- The Trustee and the Board of Trustees may jointly resolve the dissolution of the foundation if circumstances no longer permit the permanent and sustainable fulfillment of the foundation's purpose.
§ 11 Change of Trustee
- A change of Trustee requires the unanimous consent of the Board of Trustees and the Trustee.
- In the event of dissolution, cessation, or a serious breach of duty by the Trustee, the Board of Trustees may resolve to continue the foundation with another trustee or as an independent foundation. In this case, paragraph 1 is rendered ineffective regarding the requirement for the Trustee's consent.
§ 12 Attainment of Legal Capacity
- Attaining full legal capacity is an objective of the foundation as soon as the required framework conditions can be met.
- Even if the required framework conditions are met, the consent of the Trustee is absolutely and indispensably required.
§ 13 Disposal of Assets
- In the event of the dissolution of the foundation, or upon cessation of its tax-privileged purposes, the assets shall fall to the Free State of Saxony, with the obligation to use them directly and exclusively for selfless charitable purposes that come as close as possible to the foundation's purpose.
§ 14 Position of the Tax Office
- Resolutions concerning amendments to the statutes and the resolution to dissolve the foundation must be reported to the competent tax office. For amendments to the statutes that affect the purpose of the statutes, a certificate of non-objection (Unbedenklichkeitserklärung) must be obtained from the tax office.
Location / Date: ___________________________
Founder: Carmen Wloczyk