From December 16, 2013
At its meeting on December 12, 2013, the Council of the City of Bonn adopted the following resolution on the basis of Section 7 of the Municipal Code for the State of North Rhine-Westphalia (GO NRW) in the version published on July 14, 1994 (GV. NRW. S. 666/SGV. NRW 2023, last amended by the law of October 1, 2013 (GV. NRW. p. 564), the following statutes were adopted:
Foreword
These Articles of Association replace the "Articles of Association of the Board of Trustees for the Administration of the Julius Barthels Foundation" dated April 3, 1918. The new version takes into account current tax law requirements.
§ 1: Name, legal form, registered office
The foundation bears the name "Julius Barthels Foundation". It is a foundation under civil law without legal capacity. The foundation is based in Bonn and is administered by the City of Bonn.
§ 2: Purpose of the foundation
(1) The purpose of the Foundation is to raise funds for the promotion of charitable purposes by another tax-privileged corporation or by a corporation under public law. The Foundation may also realize the charitable purpose itself by providing financial support to persons in need (within the meaning of § 53 AO).
(2) The purpose of the statutes is realized in particular through the financial support of needy poor people regardless of denomination in the communities of the Catholic parishes of Alt-Godesberg and Plittersdorf.
(3) The Foundation's funds may only be used for the statutory purposes.
¹Since the parish boundaries existing at the time of the foundation have shifted significantly due to mergers of the parishes, the actual district boundaries are assumed.
§ 3: Non-profit status
(1) The Foundation pursues exclusively and directly charitable purposes within the meaning of the section "tax-privileged purposes" of the German Tax Code.
(2) The Foundation is selflessly active and does not primarily pursue its own economic purposes.
(3) No person may benefit from expenses that are alien to the purpose of the Foundation or from disproportionately high remuneration.
§ 4: Foundation assets
The foundation's assets consist of capital investments (fixed-interest securities) and real estate (generally leaseholds). As at the reporting date of December 31, 2012, they totalled EUR 1,971,774.36 (including the carrying amounts of the real estate assets). Of this amount, capital assets accounted for EUR 1,927,736.63 and reserve assets for EUR 44,037.73.
§ 5: Use of the income from assets
Ten percent of the interest income must be allocated to the capital assets each year.
The remaining income from the foundation's assets and any donations that do not accrue to it are to be used to fulfill the purpose of the foundation. This does not apply to donations to the Foundation's assets in accordance with § 58 No. 7 of the German Fiscal Code.
§ 6: Board of Trustees
The foundation's board of trustees consists of up to five members and is made up of the Mayor of Bonn as chairman, the spiritual representatives of the parishes in the districts of Plittersdorf and Alt-Godesberg and two citizens who live in these districts.
§ 7: Responsibility of the Board of Trustees
Resolution on the
(1) gilt-edged investment of the capital;
(2) the sale or encumbrance of real estate, parts of real estate, mortgages and other receivables as well as securities;
(3) Determining the type of safekeeping of the assets;
(4) Entering into legal transactions which may create an obligation for the estate or the administration or which may cancel or reduce a right of the same;
(5) Authorization to conduct legal proceedings and to conclude settlements;
(6) Determination of the benefits to be granted to the poor or for other charitable purposes;
(7) Approval of the budget and the annual accounts.
§ 8: Responsibility of the foundation administration
The Mayor of Bonn is responsible for day-to-day business. These are in particular
(1) Representing the administration externally;
(2) Keeping the books and minutes;
(3) Dealing with correspondence;
(4) implementing the resolutions of the Board of Trustees;
(5) Monitoring the safekeeping of the assets and the constant examination, implementation and supervision of all measures necessary for the security of the assets;
(6) Preparation of the budget and the annual financial statements with inventory and annual accounts;
(7) Calculation of the amount to be allocated to the capital in accordance with the founder's will;
(8) Examination of coupon credits on securities, account statements, ground rents, purchases and sales of securities and the due dates of receivables;
(9) fulfillment of current obligations, in particular the Foundation's current payment obligations
(10) convening meetings of the Board of Trustees and obtaining resolutions to be passed by circulation
§ 9: Meetings of the Board of Trustees
As a rule, the Foundation administration invites the Board of Trustees to a meeting once a year. The invitation must be sent to the members of the Board of Trustees three days before the date of the meeting.
The Board of Trustees is quorate if at least three members are present. Resolutions are passed by simple majority.
Resolutions may be passed by circulation in justified individual cases (e.g. tight deadlines).
§ 10: Dissolution of the Foundation
If the Foundation is dissolved or abolished or if tax-privileged purposes cease to exist, the assets shall be transferred to the City of Bonn, which shall use them directly and exclusively for charitable purposes in the Alt-Godesberg and Plittersdorf districts.
§ 11: Position of the tax office
Resolutions on amendments to the articles of association and on the dissolution of the foundation must be notified to the responsible tax office. In the case of amendments to the articles of association that affect the purpose of the foundation, confirmation of tax concessions must first be obtained from the tax office.
§ 12: Entry into force
These Articles of Association shall enter into force on the day following their publication.
- - -
The above statutes are hereby made public.
It is pointed out that a violation of procedural and formal regulations of the Municipal Code for the State of North Rhine-Westphalia (GO NRW) in the creation of these bylaws can no longer be asserted after the expiry of one year from the date of this announcement, unless
- a prescribed approval is missing or a prescribed notification procedure has not been carried out,
- these Articles of Association have not been duly published,
- the Mayor of Bonn has previously objected to the resolution on the statutes or
- the formal or procedural defect has been notified to the City in advance, stating the violated legal provision and the fact that reveals the defect.
Bonn, December 16, 2013
Nimptsch
Mayor of Bonn