Statutes of the Foundation
This Foundation was established on the occasion of the 50th Lindau Nobel Laureate Meeting to honour one of its initiators, Professor Graf Lennart Bernadotte af Wisborg (†), and in the long-term, to ensure the continuance and the support of the meetings of international Nobel Laureates which have been organised and carried out by the Council for the Lindau Nobel Laureate Meetings an annual basis since 1951.
The Foundation’s aim is to support, encourage, and ensure the future continuance of the meetings initiated by Professor Graf Lennart Bernadotte af Wisborg (†), Dr. Franz Karl Hein and Professor Dr. Gustav Parade, to enable a dialogue and exchange of ideas between scientists – regardless of nationality, political differences, and age – with the goal of better international understanding.
§ 1 Name, legal form and legal domicile
The Foundation bears the name ‘Stiftung Lindauer Nobelpreisträgertagungen’ or ‘Foundation Lindau Nobel Laureate Meetings’. It is an independent foundation under private law and is based on the Island of Mainau in Lake Constance.
§ 2 Purpose of the Foundation
1. The Foundation supports science and research especially in those areas for which Nobel prizes are awarded, i.e. especially in the areas of physiology or medicine, chemistry, physics, and economics.
2. The Foundation encourages an international perspective and understanding between people, and also supports the sciences in the fields of the Nobel prize categories by bringing together and establishing contact between older and younger scientists at an international level.
3. The Foundation supports and promotes the annual meeting of Nobel Laureates on Lake Constance organized by the ‘Council for the Lindau Nobel Laureate Meetings e. V.’ as well as related projects.
4. In addition to help in organizing, implementing and financing of the meetings of Nobel Laureates, travel support and scholarships for young students and scientists who might otherwise not be able to attend the meeting may also be considered as ful filling the Foundation’s purpose.
5. The Foundation may also support, financially or otherwise, similar tax-privileged corporate bodies, institutions under public law and foundations or public offices to the extent that the recipients use the resources to support measures in accordance with paragraphs 1 to 4 above.
6. The Foundation exclusively and directly pursues non-profit purposes as stated in the section on ‘Tax- privileged Purposes’ of the German Tax Code. The Foundation carries out its duties on its own or be able to make use of an auxiliary person as defined in Section 57 paragraph 1 clause 2 of the Tax Code to the extent that he or she is not, in the pursuit of funding, active as defined in Section 58 number 1 of the Tax.
§ 3 Restrictions
1. The Foundation is non-profit in nature and does not pursue purposes primarily aimed at its own economic advantage. Legal nor natural persons shall not be favoured by expenditures foreign to the purpose of the Foundation or by disproportionately large payments.
2. There is no legal claim to benefits from the Foundation; they may be cancelled at any time.
§ 4 Capital Stock
1. The Foundation’s capital stock is not allowed to diminish. The capital stock initially consists of DM 100,000 (Euro 50,000) in cash. Individual positions of the capital stock may be sold and redeployed.
2. Contributions earmarked for capital stock by founders or third parties are allowed.
3. The Foundation may assume the administration of dependent foundations or mutual funds which serve the realization of the Foundation’s own purpose.
§ 5 The Foundation’s assets
1. The Foundation fulfils its purpose a) using revenue arising from the Foundation’s assets and b) from contributions to the extent that they are not intended to be added to the Foundation’s capital stock.
2. Foundation funds may be used only for the purpose of the Foundation as defined in the statutes. Reserves as permitted by the Tax Code shall be built to let the Foundation fulfil its long-term purpose as set out in the statutes.
§ 6 The structure of the Foundation
The sole organ of the Foundation is the Board of Directors.
§ 7 Board of Directors
1. According to the will of the founders, the Board of Directors shall consist of at least three but not more than seven persons. The members of the first Board of Directors shall be appointed by the founders.
2. The period of office of a member of the Board of Directors expires on death or
a) five years after the date of appointment,
b) upon the attainment of 75 years of age
c) upon resigning, which is allowed at any time.
Re-election is admissible in case a) for a further period of five years at a time and in case b) for a further period of one year at a time. Retiring members of the Board of Directors shall remain in office until a successor has been elected.
3. Upon retirement of a member of the Board of Directors, a successor shall be elected by the Board by a simple majority of its members. Re-election is admissible.
4. A majority of the members of the Board of Directors can dismiss one of its members for suitable reasons. The member affected shall however be given the opportunity to make a statement beforehand.
5. The Board of Directors elects from among its members a Chairman and a Vice-Chairman. Re-election is admissible.
6. The members of the Board of Directors may receive appropriate remuneration for duties carried out on behalf of the Foundation. Expenses incurred in pursuance of such duties shall be refunded.
7. In the case of an increase in available funding or an expansion of the Foundation’s activities, the Board of Directors may hire a Managing Director to prepare for decisions which are to be taken by the Board and to carry out the Board’s duties or it may designate an Executive Chairman from the members of the Board of Directors on a full-time or a part-time basis; the Board may call in specialists.
§ 8 Management, Deputation
1. The Board of Directors manages the Foundation. It is responsible for the realization of the Foundation’s purpose.
2. The members of the Board of Directors represent the Foundation – each individually – in and out of court.
3. The Board of Directors decides on the use of the Foundation’s assets.
§ 9 Procedures of the Board of Directors
1. Meetings of the Board of Directors shall be convened by the Chairman or Executive Chairman as necessary but at least once yearly. Invitations shall be issued in writing or by telefax, accompanied by the agenda, at least 14 days prior to the date of the meeting. Meetings shall also be convened when requested by at least three members of the Board of Directors.
2. The Board of Directors has a quorum when the members have been invited according to the rules and at least three members are present including either the Chairman or Vice-Chairman. Failure to abide by the rules regarding invitations shall be disregarded if the members affected are present and do not object.
3. The Board of Directors decides on the basis of a simple majority of the votes cast. In the case of an even vote, the Chairman, or in his or her absence the Vice-Chairman, has the casting vote.
4. Minutes shall be kept and signed by the Chairman, Vice-Chairman or Executive Chairman. Copies of the minutes shall be distributed among all members of the Board of Directors and the supervisory authority.
5. Decisions which involve neither an amendment to the statutes nor dissolution may also be carried out by correspondence.
§ 10 Honorary Presidium
1. The Foundation Lindau Nobel Laureate Meetings shall establish an Honorary Presidium to which belong persons who have rendered an outstanding contribution towards the goals and interests of the Foundation, the mediation of science and research and/or the meetings of Nobelprizewinners. The Honorary Presidium is not an organ of the Foundation. Members of the Honorary Presidium may take part in the meetings of the Board of Directors in an advisory capacity.
2. Membership in the Honorary Presidium shall be decided by the approval of a simple majority of the Board of Directors upon the nomination by a member of the Board of Directors.
§ 11 Honorary Senate
1. The Foundation Lindau Nobel Laureate Meetings shall establish an Honorary Senate in recognition of those persons who have rendered an outstanding contribution to the meetings of Nobel Laureates in Lindau and the Foundation.
2. The members of the Honorary Senate may advise the Board of Directors in their activities.
3. The appointment as Honorary Senator of the Foundation Lindau Nobel Laureate Meetings shall be decided by the approval of a simple majority of the Board of Directors upon the nomination by a member of the Board of Directors.
§ 12 Founders’ Assembly
1. All founders are members of the Founders’ Assembly of the Foundation Lindau Nobel Laureate Meetings. The Founders’ Assembly may also include donors appointed by decision of the Board of Directors.
2. Membership of the Founders’ Assembly expires upon death or retirement. Section 11 paragraph 3 applies, mutatis mutandis.
3. The Founders’ Assembly has the right to be suitably informed of the activities of the Foundation on an annual basis. If this takes place in the form of a meeting, the Chairman of the Board of Directors presides over this meeting.
§ 13 Fiscal year and accounts
1. The Foundation’s fiscal year coincides with the calendar year.
2. The Board of Directors shall prepare annual accounts of the Foundation including an overview of the Foundation’s assets at the end of the fiscal year. The report shall be submitted to the supervisory authority.
§ 14 Amendments to the charter, merger, dissolution
1. If the Foundation’s purposes can no longer be fulfilled, or no longer appear meaningful in view of substan tially altered conditions, the Board of Directors may decide on a change in the Foundation’s purpose, a merger with another foundation, or the dissolution of the Foundation.
2. Decisions on amendments to the statutes, a change of the Foundation’s purpose or dissolution of the Foundation shall require the approval of all members of the Board of Directors. They may not diminish or abolish the non-profit status of the Foundation. Such decisions shall be directed to the Foundation’s supervisory authority along with an opinion of there sponsible tax office. They shall become effective only with the approval of the Foundation’s supervisory authority.
§ 15 Devolution of assets
If the Foundation is dissolved or otherwise ceases to exist, or loses its non-profit status, the remaining Foundation assets shall go to the non-profit Lennart Bernadotte-Stiftung which is to use the money in accordance with the Foundation’s purpose exclusively and directly for non-profit and scientific purposes as stated in these statutes.
§ 16 Supervisory authority
Signing the charter of the foundation
Unterzeichnung der Stiftungsurkunde durch die Stifter
The Foundation is accountable to the Office of the District Commission in Freiburg.
§ 17 Date of commencement
The Foundation’s statutes take effect on the day of the approval by the Office of the District Commissioner in Freiburg.
Insel Mainau/Lindau in Lake Constance, this day the 25th of June 2000
former German President Prof. Dr. Roman Herzog,
Prof. Dr. h.c. mult. Graf Lennart Bernadotte af Wisborg (†)
Board of Directors
Wolfgang Schürer, Chairman
Gräfin Bettina Bernadotte af Wisborg