Preamble
The biodiversity of species is on a rapid decline. The founder has no doubt that mankind is to blame. Human activities cause a drastic drop in biodiversity, the extinction of species and the depletion of wilderness areas that are part of a diverse and complex ecosystem. Within the last hundred years, people have altered the planet drastically. Thousands of species, animals and plants, were unable to adapt to the changing environmental conditions – thus being extinct in present days.
The "SAVE - Wildlife Conservation Fund" promotes sustainable wildlife-, environmental-, nature- and species conservation, as well as species protection, research, education, information, consumer education - and maximum protection in these areas. By initiating and supporting specific projects, the foundation seeks to conserve biodiversity.
§ 1. Name, legal form, foundation’s registered office
- The foundation is named "SAVE – Wildlife Conservation Fund".
- It is a foundation being of legal capacity with its registered office in Wülfrath.
§ 2. Mission of the Foundation
- The Foundation follows exclusive and direct charitable purposes within the meaning of the section "tax-privileged purposes" of the General Fiscal Law on its agenda.
- The purpose of the Foundation is to promote wildlife-, environment-, nature- and species- conservation, education and youth services, as well as promoting international understanding and development cooperation.
Our goal is to establish a lasting awareness for nature and environment in the society. This will not only be accomplished by the preservation of resources and biodiversity, but will also be based on social awareness and in compliance with ethical principles. Furthermore, the gradual introduction to the complex issue of "nature and environment” and the involvement in social projects shall have a positive effect on the coexistence of people and promote a new social consciousness.
The Foundation will act all over the world. A particular concern thereby is to strengthen and promote the relations between Germany and other nations in terms of a peaceful cooperation. In this respect, the aim of the Foundation is to give courtesy in the generation of income possibilities in Africa and other continents by using natural resources in a sustainable way. At the same time, the implicit goal is to raise consciousness for the unique biological diversity, particularly with regards to endangered animal species, and therefore, to protect and support them in future. This will be accomplished by running education projects.
The Foundation achieves its aims in particular, but not exclusively, by the measures listed below:
- practical wildlife and nature conservation work, such as conducting or supporting projects to protect individual species, as well as the creation and conservation of habitats for fauna and flora;
- Public relations, publications and educational activities such as lectures and seminars;
- Cooperations with District Wildlife Coordinators, responsible governments and other nonprofit organizations;
- Development of practicable solutions to allow the coexistence of wild animals and the human population by having equal rights;
- Establishment of child guidance centres.
Provided funds are sufficient, further measures will be implemented, such as:
- Testing, investigation and implementation of wildlife-friendly land use forms;
- Education and training of people in order to achieve a peaceful coexistence of humans and animals;
- Establishment of organizations that can offer local people a professional perspective in nature conservation - and can therefore address the conflict between poverty and the concerns of nature conservation;
- Establishment of school projects with a focus on active and sustainable nature conservation;
- Development of test systems to prevent the spreading of diseases and epidemics regarding domestic animals and wild animal populations;
- Extensive biological research into the genetics of the animals, in particular concerning diseases;
- Scientific research on the interactions between humans and predators and active research on effective solutions of the problems.
- The purpose of the Foundation is also raising funds for the promotion and support of local authorities that are already operating in the means of the foundation. In addition, the Foundation itself can realize the purposes referred to in paragraph 2 immediately. If the Foundation itself cannot perform its functions it will make use of an assistant § 57 paragraph 1 sentence 2 of the General Fiscal Law.
- The Foundation is a charitable organization and does not follow its own economic interests.
- The Foundation's funds may be used for statutory purposes only. The founder and his / her heirs / successors will not receive payments from the funds of the Foundation. No person may benefit from expenses that are against the purpose of the foundation or unreasonably high compensations.
- To realize the foundation's purposes, its funds can be used for public relations in a reasonable extent.
§ 3. Assets of the Foundation
- The initial capital is based on the charitable foundation act and consists of the following items: Cash assets of € 50,000.00 (in words: fifty thousand euro), with only 10% of its total volume may be invested in shares.
- The asset of the foundation is to be preserved in its undiminished value. It may, exceptionally and only with the consent of the foundation authority, be utilized to up to 15% of its value if the foundation's purpose is not to be achieved differently and the complete refund within the following three years can be guaranteed. The fulfillment of the Statute purposes may not be affected significantly by the refund.
- The foundation's assets may be redeployed. Redeployment income may be used partly or completely to fulfill the foundation's purpose. Paragraph 2 sentence 1 is to be followed.
§ 4. Use of the yields on assets and donations
- The yield on the foundation's assets and the donations are to be used real time, serving the foundation’s purpose under the fiscal law legislation. As far as in being in line with the Fiscal Law, free or earmarked reserve funds may to be formed. Free reserve funds may, in whole or in part, be feeding the foundation’s assets. In the year of establishment and in the next two calendar years, surpluses from asset management and profits from commercial businesses may all or in part be feeding the foundation’s assets.
- Donations that are destined for the assets by the donor or that are the result of an earmarked donation call are to be feeding the foundation's assets. Donations by reason of death that are not destined for the real time fulfillment of the foundation’s purpose by the deceased may be feeding the foundation’s assets.
- No person may benefit from expenses that are foreign to the purpose of the foundation or from unreasonably high compensations.
§ 5. Legal status of beneficiaries
The beneficiary of the Foundation is, under this statute, not legally entitled to benefits of the Foundation.
§ 6. Organs of the Foundation
- Organs of the Foundation are
- the Board
- The Board of Trustees
The members of the in a) and b) mentioned bodies should not be members of the other body.
- The members of the institutions are only liable for intent and gross negligence.
§ 7. Composition of the Board
- The board consists of at least one and not more than three people.
- The appointment of the first board is made by the founder. The founder is chairman of the board for life. After retiring from the board the board appoints a chairman from its center. The tenure of office of the remaining board members shall be five years. Re-election is possible.
- With resignation of board members their successors are appointed by the Board of Trustees without delay. The same applies to the appointment of new board members to the maximum number of the first paragraph. At the request of the chairman, the outgoing member may remain in office until the election of his successor.
- With the existence of an important reason, board members may recalled by the Board of Trustees with a majority of ¾ of its members.
§ 8. Rights and obligations of the Board
- The Board represents the Foundation in and out of court. He has the status of a legal representative. If the Board consists of several people, he acts through its chairman together with another member.
- The Board is to fulfill the founder’s will as effectively as possible within the Foundation Act and these Articles. Its task is particularly
- the management of the foundation's assets, including the keeping of records and the preparation of financial statements, to the extent that it is not the responsibility of the Managing Director / CEO,
- the resolution on the use of the proceeds of the foundation's assets,
- decision-making in the context of §§ 12 and 13.
- The Board may adopt rules of internal procedure.
- The members of the board are volunteers working for the Foundation. They may not receive any financial benefits. Their incurred, reasonable costs and expenses may be reimbursed after an appropriate board resolution.
§ 9. Composition of the Board of Trustees
- The Board of Trustees consists of one and a maximum of nine persons. The first Board of Trustees is appointed by the founder.
- If the Board of Trustees is formed by more than one person, it shall elect a chairman and the vice chairman from among its members.
- The tenure of office of members of the Board of Trustees shall be five years. Re-appointment is possible. With retirement of Trustees the remaining members appoint the successor. The same applies to the appointment of new board members up to the permitted maximum number of the first paragraph.
- The Board of Trustees may recall its members with the existence of an important reason. The dismissal requires a majority of ¾ of the members of the Board of Trustees.
§ 10. Rights and duties of the Board of Trustees
- The Board of Trustees, as an independent controlling body, monitors compliance with the founder's will by the Board.
- The Board of Trustees is particularly responsible for
- the appointment and dismissal of members of the Board,
- confirmation of the annual financial statements and the approval of the Board,
- the confirmation of the Rules of Internal Procedure of the Board,
- decision-making in the context of §§ 12 and 13.
- The Board of Trustees may adopt Rules of Internal Procedure.
- The trustees are volunteers working for the Foundation. They may not receive any financial benefits. Their incurred, reasonable costs and expenses may be reimbursed after an appropriate board resolution.
§ 11. Decisions
- The Board and the Board of Trustees have a quorum if more than half of the members are present. They decide by a simple majority of votes cast. In a tie, the vote of the chairman shall be decisive. Absent members may be presented by a present member by a written declaration to the particular foundation’s organ. Minutes of the meetings are to be finished.
- Circular resolutions are allowed; this does not apply for the appointment and dismissal of organ members and to decisions under §§ 12 and 13 hereof.
§ 12. Amendment of the Statutes
- On amendments that do not relate to the foundation's purpose, the Board decides with the approval of the board of trustees. The Foundation's authority is to be informed about this within one month after the decision.
- As long as there has been considerable changes in measures and the fulfilling the foundation's purpose is not detrimental, the Board and Board of Trustees may change or extend the existing foundation's purpose with ¾ majority vote of its members. The resolution requires the approval of the Foundation's authority.
§ 13. Liquidation of the foundation / association
If the circumstances don’t allow the fulfillment of the foundation’s purpose continuously and sustainably and the sustainable fulfillment of a new foundation’s purpose, amended after § 12 paragraph 2, doesn’t come into consideration, the Board and the Board of Trustees may, with a majority of ¾ of their members, decide the liquidation of the Foundation or the merge with one or more other tax-deductible foundations. The merged new foundation must also be tax-deductible. The resolutions require the approval of the Foundation‘s authority.
§ 14. Seizure of Assets
Upon the liquidation or annulment of the Foundation or loss of tax-deductible purposes, the assets go to a legal entity under public law or to another tax-deductible body to be used for purposes within the meaning of § 2 of the Statute.
§ 15. Informing the Foundation‘s Authority
By request, the foundation’s authority is to be informed about all affairs of the Foundation at any times. Within 12 months after a fiscal year the foundation’s authority is to be presented an annual statement with a balance sheet and a report on the fulfillment of the Foundation’s present purposes, spontaneously.
§ 16. Position of the competent tax authority
Decisions on amendments and on the liquidation of the Foundation are to be reported to the competent tax authority without prejudice to the out of the Foundation's law arising special obligations to obtain a permit. For constitutional amendments concerning the purpose of the foundation, the competent tax authority’s opinion on the tax-deductibility is to be obtained prior to the decisions.
§ 17. Foundation Authority
The Foundation’s Authority is the regional government Düsseldorf, supreme authority is the Ministry of North Rhine-Westphalia, which is in charge of Foundation Law. The recognition and approval powers of the Foundation authority are to be considered.
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