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At its meeting on March 28, 2019, 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 Article 15 of the Act of January 23, 2018 (GV. NRW. p. 90), the following statutes were adopted:
§ 1: Name, legal form, registered office
(1) The Foundation bears the name "Kirstein Foundation".
(2) It is a foundation under civil law without legal capacity and is administered in trust by the administration of the City of Bonn.
§ 2: Purpose of the foundation
(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 purpose of the Foundation is to promote nature conservation. The statutory purpose is realized in particular through the procurement of funds for the promotion of nature conservation for the preservation of the city forest (Kottenforst) in the Bad Godesberg area by another tax-privileged corporation or by a corporation under public law.
(3) The Foundation shall act selflessly and shall not primarily pursue its own economic purposes.
(4) The Foundation's funds may only be used for the purposes set out in the Articles of Association. The founder and his heirs/legal successors shall not receive any donations from the Foundation's funds.
(5) The Foundation shall not be dissolved if it ceases to be tax-privileged.
§ 3: Foundation assets
(1) The initial estate assets contributed to the Foundation amounted to DM 276,881.45/EUR 141,567.24 as at January 1, 1998. As of December 31, 2001, the initial assets amounted to DM 261,292.90 / EUR 133,596.94.
(2) The value of the Foundation's assets is to be maintained undiminished after deduction of bequests and fulfillment of conditions. For this purpose, the annual income may be allocated to a free reserve or to the Foundation's assets within the limits of what is permissible for tax purposes.
(3) All donations intended for this purpose (endowments) shall accrue to the Foundation's assets.
§ 4: Use of income from assets and donations
(1) The income from the Foundation's assets and any donations that do not accrue to it must be used to fulfill the purpose of the Foundation. This does not apply to contributions to the Foundation's assets in accordance with § 58 No. 7 of the German Fiscal Code.
(2) No person may benefit from expenses that are alien to the purpose of the foundation or from disproportionately high remuneration.
(3) The specialist administration (Office for Urban Greenery) proposes to the Bad Godesberg district council each year for which statutory measures the proceeds are to be used. At least one further alternative is to be determined.
§ 5: Trust management
(1) As trustee, the City of Bonn manages the foundation's assets separately from its own assets. It allocates the Foundation's funds and handles the funding measures.
(2) The trustee shall prepare a report on December 31 of each year, which explains the asset situation and the use of funds on the basis of an audited statement of assets. The asset report shall be submitted to the Bad Godesberg district council annually in the form of a notification.
§ 6: Accumulation of assets
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 must use them directly and exclusively for charitable purposes.
§ 7: Position of the tax office
Resolutions on amendments to the articles of association and resolutions on the dissolution of the foundation must be notified to the responsible tax office. The consent of the tax office must be obtained for amendments to the articles of association that affect the purpose of the foundation.
§ 8: 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 and the violated legal provision and the fact that reveals the defect have been specified.