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50-03 Statutes of the "St. Albertus Magnus Home Foundation"
From May 22, 1984
At its meeting on May 17, 1984, the Bonn City Council adopted the following bylaws on the basis of § 4 of the Municipal Code for the State of North Rhine-Westphalia dated October 1, 1979 (GV. NW. p. 594/SGV. NW. 2023) and §§ 59 et seq. of the Fiscal Code (AO 1977) dated March 16, 1976 (BGBl. I p. 613), last amended by the law dated December 16, 1981 (BGBl. I p. 1523):
§ 1: Name of the Foundation
The city of Bonn establishes the "St. Albertus-Magnus-Heim" foundation based in Bonn.
§ 2: Purpose of the Foundation
(1) The Foundation serves exclusively and directly charitable and benevolent purposes within the meaning of the section "Tax-privileged purposes" of the German Tax Code.
(2) The purpose of the Foundation is to promote assistance for the elderly. It is realized in particular through the care of the residents of the home as well as through the promotion or implementation of generally culturally entertaining or social events.
§ 3: Selflessness
The foundation is altruistic; it does not primarily pursue its own economic purposes.
§ 4: Earmarking
The Foundation's funds may only be used for statutory purposes. The City of Bonn does not receive any donations from the Foundation's funds.
§ 5: Exclusion of favoritism
No person may benefit from expenses that are alien to the purpose of the foundation or from disproportionately high remuneration.
§ 6: Foundation assets
(1) The foundation's assets consist of a savings balance of EUR 15,556.38. This savings balance has arisen from earlier donations for the purposes of the "St. Albertus Magnus Home". Donations from third parties are to be added to the foundation's assets.
(2) The purpose of the foundation is fulfilled from the income from the foundation's assets.
§ 7: Execution of the Foundation's business
(1) The fiduciary administration of the Foundation's assets is carried out by the Chief City Director of the City of Bonn or an employee appointed by him. No remuneration shall be paid for this from the Foundation's funds.
(2) The use of the funds for charitable and benevolent purposes shall be evidenced by proper, auditable records of income and expenditure.
(3) The management of the Foundation's assets and proof of the use of the funds are subject to inspection by the City of Bonn's Audit Office.
§ 8: Amendment of the Articles of Association, dissolution, merger
(1) The Bonn City Council shall decide on the amendment of the statutes, the dissolution of the Foundation and the merger into a new foundation.
(2) If the Bonn City Council decides to dissolve the Foundation, the Foundation's assets shall revert to the City of Bonn. The City of Bonn shall use it exclusively and directly for charitable and benevolent purposes in accordance with these Articles of Association.
§ 9: Entry into force
These Articles of Association shall enter into force on the day following their public announcement. --- 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 NW) 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,
these statutes have not been duly published,
the Chief Town Clerk 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.