Preambulum
I, the undersigned, have decided to hereby establish with the present foundation deed based on Articles 74/A – 74/F of the Civil Code a foundation which will operate independently as a legal entity.
It is significant to the Hungarian and international spiritual life that Georg Kühlewind’s (born as György Székely) – who passed away on 15th January, 2006 - outstanding work will be processed, its unknown parts will be revealed.
His work was exceptionally important in the fields of cognition, spiritual life, linguistics, arts, religious studies, pedagogy and curative education. He has written 23 books in German of which only a few have been translated into other languages. It is public interest, it is in the public’s interest that his posthumous notes be described with academic standards and that his writings, the findings of his research should reach the greater public.
I.
The Foundation’s data
Name of the Foundation:
Georg KühlewindFoundation (hereafter: the Foundation)
The Foundation’s headquarters:
1118 Budapest, Villányi út 77. magasföldszint 2.
The founder:
Henriette Paulovics
address: 1026 Budapest, Pasaréti út 113. fszt. 3.
II.
The Foundation’s legal status
-
The foundation is a juridical person; it is self-sufficient in accomplishing its tasks.
-
Joining
The Foundation is open to the affiliation of Hungarian and foreign juridical- and natural persons or to that of non-juridical- organizations and communities inasmuch as these approve of its aims and contribute with estimable input of capital. Affiliation is possible by disclosing personal details or anonymously; by donating money or by payment in kind of physical assets, or by guaranteeing to deliver services. The Foundation will open a foreign currency account in order to administer possible foreign donations and may use the donations on this account by paying in foreign currency.
-
The Foundation’s duration
The founder establishes the Foundation for an indefinite time.
III .
The Foundation’s objectives and activities
-
The foundation’s objectives
The objectives of establishing the Foundation and the purposes of its functioning are: revealing and presenting Georg Kühlewind’s life-work, making it public for later generations. Revealing – so far - unknown pieces of his work and supporting scholarly work that is in relation to his work. Truthfully preserving Georg Kühlewind’s spiritual legacy.
-
The Foundation’s activities
The Foundation in order to follow the above described aims leads the following activities:
-
Supporting activities that propagate and study Georg Kühlewind’s life work.
-
Supporting scholarly description- and translation of the unpublished works of Georg Kühlewind.
-
Creating such “document-libraries” through which researchers and those interested may become familiar with Kühlewind’s spiritual legacy.
-
Finding financial supporters so that the Foundation’s aims may be carried out.
-
Cooperation with similar foundations, institutions and organizing social gatherings with these.
-
The economic results produced will not be distributed but solely spent on the activities described in the present foundation deed.
-
Organizing and funding international programs, conferences and study-tours.
IV.
The Foundation’s assets and its asset-management policy
1. The foundation’s assets
The foundation’s initial capital is 300.000.- (in words: threehundredthousand) forints cash.
The foundation’s initial capital may be increased:
-
by the contribution of new members (cash, physical assets),;
-
as a result of the foundation’s economic activity;
-
from due bank-interests;
-
other sources (support for projects, sources from different tenders)
2. The foundation’s asset-management policy
In order to achieve its objectives the Foundation may use its assets and its assets’ proceeds. The Foundation acts independently in order to achieve the above described objectives and may use its assets for accomplishing these objectives.
In order to achieve its objectives of public benefit the Foundation is entitled to carry out independent enterprise only by not compromising these objectives.
The Foundation will not share the profits of its activities but use them to achieve the objectives described in the foundation deed.
The regulations of the present legal document and the Advisory Board are to decide on the use of the Foundation’s assets with regard to the conditions set by the joining donators – after these conditions had been accepted by the Advisory Board.
V.
The Foundation’s managing body
1. The Advisory Board
The foundation’s decision making body and supreme trustee is the 3-membered (three-membered) Advisory Board (Advisory Board in the followings). The members of this Advisory Board and its Chairman are assigned by the Founder; their appointment is for an indefinite time. The founder may recall any member of the Advisory Board and may assign new members in case the members’ activities endanger the Foundation’s objectives based on Paragraph 6 of Article 74/C of the Civil Code.
Only people in relation to whom there is no motion of conflict (based on Paragraph 3 of Article 74/C of the civil Code) may be assigned to the Advisory Board after the person in question has declared so in writing.
The Advisory Board’s activities are guided by the Chairman. The Chairman is assigned by the Founder from among the members of the Advisory Board for indefinite time.
The Chairman represents the Foundation towards any third parties with full power and delegation.
The Chairman of the Advisory Board is:
József Pál
address: 1122 Budapest, Városmajor str. 1/B. II. floor 1.
Members of the Advisory Board:
Dr. László Böszörményi
address: A-9073 Viktring, Haselbachweg 46.
residence in Hungary: 1118 Budapest, Irinyi J. str.28/c.
László Norbert Jakubinyi
address: 3535 Miskolc, Kisszilvásvölgy str. lot nr.76210
No managing authority may be established where the Founder may induce direct or indirect effect on the assets of the Foundation.
Membership of the Advisory Board terminates if:
-
a member quits;
-
a member dies,
-
The Founder recalls the member if the latter’s activities endanger the Foundation’s aims and functioning;
The founder suggests a new member for the place of the one who left within 30 days.
The members of the Advisory Board do not require payment for their work, yet they are entitled to the refunding of their costs in keeping with accomplishing their duties.
2. The Advisory Board’s functioning
The Advisory Board's meetings
The Advisory Board holds meetings as occasion requires, but at least once a year.
The Advisory Board is called together by the Chairman in writing; the invitation must contain the date and place of the meeting, its agenda, and all documents that might be important when making decisions in keeping with the agenda must be attached. The call for a meeting is valid only in case all members of the board receive the invitation at least eight days before the event. A verbal process must be recorded in which the followings are to be entered: the place and date of the event, the purport of its decisions, how long they will be in force, the number of those who voted for and of those who objected to the decisions and if possible their names. The verbal process must be signed by all members present.
The Chairman must call together a board-meeting within 30 days in case any of the members sets forward a reasonable proposal in writing.
Decision-making
The advisory-board decides in matters under its authority by decision-making. The Advisory Board has a quorum if the meeting has been called according to the rules and if at least two members are present. The board votes openly and constitutes a quorum with a majority decision in case all three members are present, or by unanimous vote in case only two members are present.
The Chairman records the board’s decisions and indicates the purport of these decisions, their date, the names of those in favour and/or those against the decisions and the expiration of the decisions. Those involved are to be informed about the advisory-board’s decisions by the Chairman within 8 days in writing and in a verifiable way.
3. The advisory-board’s duties and jurisdiction
The advisory-board:
-
ensures that the Foundation’s activities are in keeping with its purposes,
-
specifies - in consensus with the Founder - The Organizational and Operational Rules that should be in accord with those stated in the Foundation Deed,
-
decides on the yearly plans of the Foundation,
-
decides on how to use the Foundation’s assets, on joining the Foundation, and on accepting donations and sponsorship,
-
administers the renewal and increase of the Foundation’s assets,
-
assents the yearly report,
-
practices the right of employer of the foundation.
The advisory-board may establish a separate work-organization and hire employees for carrying out the administrative duties in keeping with the Foundation’s objectives.
The advisory-board prepares a written review about the Foundation’s activities each year and sends it to the Founder together with the financial report; it also presents this review to the new members at the board’s meeting or by posting it up at its headquarters.
VI.
The Foundation’s representation
The Foundation is represented by the Chairman against any third parties, courts or the authorities. The Chairman is entitled to independently represent the Foundation. In his/her absence each member of the board may proceed empowered by an authorization the Chairman gives for each particular case.
The board may delegate power of representation to any of its members; the particulars of this delegation are established in the The Organizational and Operational Rules.
József Pál, the Chairman of the board is the party entitled to independently dispose of the Foundation’s bank account.
VII.
Board of supervisors
In case the Foundation’s yearly income exceeds 5 million forints the representative of the advisory-board is bound to notify the Founder about this fact in due time. The Founder is required to establish a Supervisory Board for the auditing of the Foundation’s economical activities within 30 days from having received the notification and also to extend the foundation deed with articles regarding this Supervisory Board.
VIII.
The Foundation’s liquidation
The foundation is liquidated in the cases specified in Articles 74/E-F of the Civil Code. In this case the assets of the Foundation – after the payoff of possible creditors – entitle the Founder in proportions he had contributed, while the rest of the assets have to be given to cases with similar public minded goals as those of the Foundation and the public must be informed properly about this.
IX.
Final provisions
The foundation carries out its activities independently within the respective legal frame. The foundation does not lead direct political activities, its establishment and actions are independent from political parties, it does not give nor accept financial help to/from those. Furthermore the Foundation will not accept any support that wants to influence, limit or in any other way control its freedom or even try to influence it.
The Foundation is a legal entity established through registration at the Municipal Court. It starts its activities when the holding of the Municipal Court becomes conclusive judgment.
The issues not enlisted in this present deed of foundation are to be judged according to the Civil Code and other statutes on foundations.
The Founder has read the present deed of foundation, understood its decrees and finding everything in accord with her will signs in approval.
Date: 4th December, 2008; Budapest
………………………..
Henriette Paulovics
Founder
I, the undersigned, countersign the present document drawn up by myself with my stamp 11528 in Budapest on 4th December, 2008.
…………………………………….
dr. Tibor Szabó
lawyer