Foundation statutes of the Renate Günther Stiftung
(extract)

Please note: This English version of the statutes is provided for convenience only. The only legally binding version is the German text.

§ 1 Name, legal form, domicile

  1. (1) The name of the foundation shall be “Renate Günther Stiftung”.
  2. (2) It is a legal entity under (German) civil foundation law. It has its registered seat in Berlin.

2 Object of the foundation

  1. 1. The purpose of the foundation is the care for the elderly and the young (§ 52(2)4 tax code) as well as the training, science and research connected with it.
  2. 2. The care for the elderly is put into practice through the following activities for people who suffer from Alzheimer’s, dementia or other geronto-psychiatric phenomena and who live either in communities or standard households:
    1. Furthering the development and realisation of innovative care and living concepts as well as the implementation of their construction
    2. Furthering institutions or facilities which create suitable living conditions in communities through construction works
    3. Furthering institutions or facilities which provide shelter to low-income persons in above-mentioned living communities
    4. Furthering institutions or facilities which respect the individual social and cultural needs within their communities
    5. Furthering institutions and facilities which guarantee the underlying conditions when additional care is needed
    6. Furthering institutions and facilities which provide training for their nursing staff
    7. Furthering self-help groups for elderly people as well as for people with cancer
    Furthering will take place by the complimentary participation of the foundation when above-mentioned activities are realized, by grating financial assistance or by taking over costs to realize the above-mentioned care concepts, trainings and services for elderly care (in accordance with § 71(2) social code SGB XII). Furthering science and research will take place by granting financial assistance to institutions primarily focussing on care for the elderly.
  3. The care for the young is put into practice by supporting disadvantaged children and adolescents as well as those in need; by furthering facilities for children and adolescents; by supporting of social and medicinal facilities for the young as well as educational facilities, training and research centres focussing on social and medicinal problems of the young
  4. Requirements for furthering the activities mentioned in § 2(2) b to f according to § 2(3) and science and research are that the receivers are non-profit organisations or public corporations (§ 58(1) tax code). The foundation can pursue its object nationally (within Germany) and abroad.

§ 3 Non-profit character

  1. The foundation shall exclusively and directly pursue charitable objects as defined by the section “tax-beneficiary objects” of the tax code.
  2. The foundation acts altruistically. It does not primarily focus on economic objects for its own benefit. It must not aid and abet neither legal nor natural persons by expenses alien to the purpose of the Foundation or by unreasonably high aid, donation or allowance.
  3. The foundation executes its tasks on its own or through auxiliary persons as defined in § 57(1)2 German general tax code, as long as the foundation's means permit, and the foundation is not acting on procurement of funds as per § 58(1) German general tax code. There is no claim of third parties to the granting of the capacities of the foundation that are precariously anytime.

§ 4 Assets of the foundation

  1. The assets granted to the foundation to fulfill its objects on a sustainable and continuing basis, shall be kept undiminished. The assets of the foundation are defined in the act of formation. Endowment contributions by the foundation or third parties shall be allocated to the assets of the foundation. The foundation may accept such donations.
  2. As far as economically feasible, the foundation may re-allocate its funds.
  3. Wins from the re-allocation of objects of the foundation assets must be redeployed. Resultant profits may be added to the foundation assets or used for the fulfillment of the foundation’s objectives.

§ 5 Usage of capital gains yield and donations

  1. The foundation's funds may only be used for statutory purposes.
  2. The foundation fulfills its function
    1. from the earnings of its assets and of re-allocations according to § 4(3)
    2. from the grants received from founders or third parties that are not intended for the growth of the foundations capital base.
  3. Endowment contributions shall be allocated to the assets of the foundation. Non-dedicated donations due to disposition mortis causa may be reallocated to the foundation's assets.
  4. The foundation may establish reserves under the specifications of the paragraph "tax-privileged purposes" of the tax code.