Act concerning the establishment of a »Foundation Memorial to the Murdered Jews of Europe« of 17 March 2000, amended on 3 July 2009
»Act concerning the establishment of a ›Foundation Memorial to the Murdered Jews of Europe‹ of 17 March 2000 (BGBl. I p. 212), which has been amended by article 1 of the Act of 3 July 2009 (BGBl. I p. 1686)«
§ 1 – Establishment and Legal Form
Under the name of »Foundation Memorial to the Murdered Jews of Europe«, a foundation under public law with legal capacity at a federal level shall be established with headquarters in Berlin. The Foundation will come into being with the entry into force of this Act.
§ 2 – The Foundation’s Objective
(1) The objective of the Foundation is to commemorate the National Socialist genocide of European Jewry. The Foundation shall contribute to ensuring that all victims of the National Socialist regime are commemorated and honoured appropriately.
(2) For this purpose, the Foundation will, in particular, undertake the following:
1. Maintain and run the Memorial to the Murdered Jews of Europe (Field of Stelae and Information Centre);
2. Maintain the permanent exhibition at the Information Centre;
3. Organise special exhibitions, lectures and seminars;
4. Compile accompanying publications to the extent necessary.
(3) The Foundation furthermore administers the Memorial to the Sinti and Roma Murdered under the National Socialist Regime and the Memorial to the Homosexuals Persecuted under the National Socialist Regime.
§ 3 – The Foundation’s Assets, Non-Profit Character
(1) With the entry into force of the Act concerning the establishment of a Foundation for the »Memorial to the Murdered Jews of Europe«, ownership of movable and immovable assets already made available and acquired by the Federal Government of Germany for the endowment fund for the »Memorial to the Murdered Jews of Europe« is transferred to the Foundation.
(2) To fulfil its remit, the Foundation will receive an annual subsidy from the Federal Government calculated according to the federal budget current at the time.
(3) The Foundation is entitled to accept donations from third parties.
(4) The resources of the Foundation are to be used only within the framework of the Foundation’s Objectives.
(5) The Foundation is exclusively and directly committed to pursuing non-profit goals as defined under the section of the tax code relating to »objectives attracting tax concessions«. No person may receive disbursements that are alien to the objective of the Foundation, nor receive disproportionately high remuneration.
§ 4 – The Foundation’s Constituent Bodies
§ 5 – Board of Trustees
(1) The Board of Trustees is made up of the following members appointed from the following institutions:
1. The German Bundestag
– the President of the German Bundestag,
– and one member per 100 members or part thereof of each party represented in the German Bundestag,
2. the Federal Government – two members,
3. the Senate of the Land of Berlin (state government) – two members,
4. the Association to Promote the Establishment of a Memorial to the Murdered Jews of Europe – three members,
5. the Central Council of Jews in Germany – two members,
6. the Jewish Community of Berlin – one member,
7. the Jewish Museum of Berlin – one member,
8. the Topography of Terror Foundation – one member,
9. the Working Group of Concentration Camp Memorials in Germany – one member.
Members of the Board of Trustees can transfer their vote to another member or, by way of special written authority, have themselves represented in cases when for important reasons they are unable to take part in board meetings.
(2) The Board of Trustees decides all fundamental issues within the Foundation’s remit, in particular:
1. the appointment of the Director,
2. the budget drawn up by the Director,
3. the appointment of the members of the Advisory Board.
The Board of Trustees oversees the activities of the Director.
(3) The Board of Trustees is chaired by the President of the German Bundestag or his or her deputy. The deputy is to be appointed from the midst of the Board of Trustees.
(4) Meetings are convened by the Director at the behest of the chairperson of the Board of Trustees. The Board of Trustees has a quorum if more than half of its members are present or represented. The Board of Trustees makes decisions on the basis of a simple majority. In the event of an equal distribution of votes, the chairperson has the casting vote.
(5) The institutions appointing members to the Board of Trustees can recall such members and replace them with other members.
§ 6 – Director
(1) The Director is appointed by the Board of Trustees for a five-year term. Reappointment is permitted. As of 11 July 2009, the former Executive Director of the Foundation Memorial to the Murdered Jews of Europe is appointed Director.
(2) The Director is responsible for implementing the resolutions of the Board of Trustees and conducting the business of the Foundation.
§ 7 – Advisory Board
(1) The Advisory Board consists of at least twelve members. These are appointed by the Board of Trustees for four years. Reappointment is permitted.
(2) The Advisory Board advises the Board of Trustees and the Director.
§ 8 – Honorary Status
The members of the Board of Trustees and the Advisory Board are appointed on an honorary basis. They are compensated for travelling expenses according to the relevant federal statutes.
§ 9 – Employees
Employees of the Foundation are employed on the basis of the collective salary agreements and other provisions for employees of the Federal Government applicable at the time.
§ 10 – Budget, Audit, Supervisory Control
(1) The Foundation’s management of its budget, its cash management and accounting, along with its financial reporting, are subject to the regulations applicable to federal agencies. The Foundation’s financial practices and management procedures are subject to auditing by the German Auditor General’s office.
(2) The Foundation is subject to the supervisory control of the highest relevant federal authority.
§ 11 – Charter
The Foundation draws up its own charter, which is approved by the Board of Trustees with a majority of three quarters of its members. The same applies to amendments to this charter.
§ 12 – Official Seal
The Foundation holds an official seal bearing a special form of the federal eagle and the circumscription »Foundation Memorial to the Murdered Jews of Europe«.