Statutes of the foundation ‚Halle Institute of Science & Technology’

§ 1
Name, Legal Structure

  1. The foundation has the name ‚Halle Institute of Science & Technology’
  2. It is an unincorporated foundation within the administration of Martin-Luther-Universität Halle-Wittenberg and is therefore represented by the latter in legal and business transactions.

§ 2
Foundation’s Purpose

  1. The foundation’s purpose is the promotion of research in the areas of Molecular Bioscience and Material Science.
  2. The following facts in particular shall serve the foundation’s purpose:

           - Supporting up-and-coming scientists
           - Contribution to developing the scientific infrastructure
           - Supporting scientific events

§ 3
Non-Profitmaking Character

  1. The foundation shall exclusively and directly aim at nonprofit making purposes as contemplated by the Article „Tax-Favoured Purposes“ of the German Fiscal Code.
  2. The foundation’s activities shall have a disinterested character. Its foremost purpose shall not be profitability. The foundation’s funds shall not be used exclusively in conformity with the foundation’s statutes.
  3. No person may be favoured by expenses not corresponding to the Foundation’s purpose or by inadequately high remunerations.
  4. The foundation shall complete its tasks itself or through an assisting person in the spirit of Article § 57 Abs. 1 S. AO, as long as it is not involved in fund raising activities pursuant to Article § 58 Nr. 1 AO. The foundation may hold enterprises serving the fulfilment of the foundation’s purpose.

§ 4
Endowment Property

  1. The endowment property results from the Foundation’s business activities.
  2. The endowment property shall be maintained permanently and entirely (after complying with all requirements) and to be invested as profitably as possible.
  3. The endowment property shall be added by all allocations intended to be part of it (endowment allocations).

§ 5
Utilisation of the Foundation’s Investment Income and Allocations

  1. For its functions, the foundation shall use the non-financial assets and the investment income from the endowment property and allocations, as long as these are not expressly intended to increase the endowment property.
  2. The foundation may use its funds entirely or partially to create a reserve, to the extent as this is necessary, in order to serve its tax-favourable purposes in a sustained manner and as long as exact intentions exist about the concrete objectives and times of using this reserve.
  3. For maintaining the value, parts of the annual investment income may be allocated to a free reserve or the endowment property, within the admissible limits required by tax law. .
  4. Under the present statutes, no third party shall put forward a legal claim regarding the reception of promotion funds from the foundation, such funds being possible to be revoked at any time.

§ 6
Foundation Organ

  1. The foundation’s organ is the Board of Trustees.
  2. The Board of Trustees members have honorary functions.

§ 7
Board of Trustees

  1. The Board of Trustees consists of Jörg Kreßler as chairmen; Karin Breunig, Wolfgang Grellmann, Reinhard Neubert, Joachim Ulrich und Ludgar Wessjohann as members and the Chancellor.

§ 8
Tasks of the Board of Trustees

  1. The Board of Trustees shall decide about the use of the foundations funds.
  2. The Board of Trustees’ decisions shall usually be made at meetings. A Board of Trustees’ meeting shall be convened by the Chancellor as required, however, at least once a year, the Chancellor communicating the agenda and at two weeks’ notice. Moreover meetings shall be conducted if at least two members of Board of Trustees require it.
  3. The Board of Trustees constitutes a quorum if at least four members, including the chairman, are present after all members have been summoned in due form.
  4. The Board of Trustees shall make its decisions at a simple majority of the votes cast, as long as the statutes do not stipulate any derogations from this rule. In case of parity of votes, the chairman’s vote shall be decisive.
  5. Minutes shall be written about the meetings which shall be signed by the chairman of the meeting and the author of the minutes. They have to be communicated to all members of the Board of Trustees.
  6. If no member of the Board of Trustees contradicts, decisions may be made in writing by a circular letter or by telephoning the members one after another.
  7. Decisions regarding a modification of the foundation’s purpose or the liquidation of the foundation shall only be made at meetings.
  8. Decisions about modifying the statutes shall require the consent of Martin-Luther-Universität.

§ 9
Fiduciary Management

  1. Martin-Luther-Universität Halle-Wittenberg shall manage the endowment property separately from its own property within the General Foundation Fund. It shall allocate the foundation’s funds and handle its promotion measures.
  2. Martin-Luther-Universität Halle-Wittenberg shall present a report to the Board of Trustees on 31 December every year, explaining the financial situation and use of funds based on an audited substantiation of property.

§ 10
Adapting the Foundation to modified Conditions and Liquidation

  1. If the situation changes in a way that a permanent and sustained realisation of the foundation’s purpose by Martin-Luther-Universität Halle-Wittenberg and the Board of Trustees is not considered as adequate any more, the two entities shall be able to decide a different purpose together.
  2. The decision shall require all members’ of the Board of Trustees consent. The new purpose of the foundation has to be nonprofit making and has to be in the area of business research.
  3. Martin-Luther-Universität Halle-Wittenberg and the Board of Trustees may decide together about the liquidation of the foundation, if the circumstances do not allow for a permanent and sustained fulfilment of the foundation’s purpose any more.

§ 11
Accrued Property

  1. In case of dissolving the foundation, its property shall become part of Martin-Luther-Universität Halle-Wittenberg’s corporate property, under the condition that it shall only be used directly and exclusively for uninterested and nonprofit making purposes coming as close as possible to the foundation’s purpose.

§ 12
Position of the Local Tax Office

  1. Decisions about modifying the statutes and the liquidation of the foundation shall be indicated to the responsible Local Tax Office. Changes in the statutes concerning the foundation’s purpose require a declaration of non-objection from the Local Tax Office.