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At its meeting on December 12, 2002, the Council of the City of Bonn adopted the following bylaws 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. p. 666 / SGV. NRW 2023), last amended by the law of April 30, 2002 (GV. NRW p. 160):
§ 1: Name, legal form
(1) The foundation bears the name "Max-Becker-Stiftung".
(2) It is a foundation under civil law without legal capacity under 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 Fiscal Code.
(2) The purpose of the Foundation is to support needy persons (within the meaning of Section 53 of the Tax Code) from the Oberkassel district of Bonn.
(3) The foundation is selflessly active and does 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.
§ 3: Foundation assets
(1) According to the foundation deed of March 1959, the foundation was endowed with initial assets of DM 12,000 (in words: twelve thousand). As of December 31, 2001, the foundation's assets amounted to DM 14,089.54/7,203.87 euros.
(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 additions 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.
§ 5: Board of Trustees
(1) The Board of Trustees consists of the district head of the Beuel district and the head of the Office for Social Affairs and Housing.
(2) The members of the Board of Trustees shall agree on a chairperson.
(3) The members of the Board of Trustees work on an honorary basis. They shall not receive any remuneration for their work. They are not entitled to reimbursement of the expenses they incur.
§ 6: Tasks, passing of resolutions
(1) The Board of Trustees decides on the use of the Foundation's funds.
(2) The Board of Trustees should meet at least once a year. It is quorate if all members are present.
(3) Resolutions shall be passed unanimously.
(4) Resolutions that do not concern an amendment to the Articles of Association or dissolution may be passed in writing or by telephone. If a member of the Board of Trustees has not responded to the written procedure within six weeks of the invitation to vote being sent, their silence shall be deemed to constitute consent.
§ 7: Trust management
(1) The trustee manages the foundation's assets separately from his/her own assets. He/she shall allocate the Foundation's funds and handle the funding measures.
(2) The trustee shall submit a report to the Board of Trustees on December 31 of each year, explaining the asset situation and the use of funds on the basis of an audited statement of assets.
§ 8: Adaptation of the Foundation to changed circumstances
If the circumstances change in such a way that the Board of Trustees no longer considers it expedient to fulfill the purpose of the foundation, the Board of Trustees shall decide on a new foundation purpose. The resolution is passed unanimously. The new purpose of the foundation must be charitable and in the field of social welfare.
§ 9: Dissolution of the Foundation
The Board of Trustees may decide to dissolve the Foundation if circumstances no longer allow the Foundation's purpose to be fulfilled on a permanent and sustainable basis.
§ 10: Accumulation of assets
In the event of dissolution or annulment, the assets are to be used for tax-privileged purposes. Resolutions on the future use of the assets may only be implemented with the approval of the tax office.
§ 11: 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.
§ 12: Entry into force
The 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 since 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 articles of association or
the formal or procedural defect has been notified to the City in advance, stating the legal provision infringed and the fact giving rise to the defect.
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