With the following Charter, the Land Berlin, represented by the Senator for Science and Research, Dr. Peter Glotz, and the Wissenschaftskolleg Berlin, represented by the Rector, Professor Dr. Peter Wapnewski, establish this Foundation for the promotion of advanced study and international academic cooperation to mark the 25th anniversary of the death of Ernst Reuter, who, after the regime of the National Socialists, laid the foundation stone for the free development of the city:
Name, Legal Form and Seat of the Foundation
The Foundation is to bear the name "Wissenschaftsstiftung Ernst Reuter" (Ernst Reuter Foundation for Advanced Study). It is a Foundation with legal status under civil law and has its seat in Berlin.
Tasks of the Foundation
(1) The task of the Foundation is to promote the Wissenschaftskolleg Berlin. To that end, the Foundation is to grant the latter free right of usufruct over the properties specified in Article 3, Paragraph 1, Letter a, to procure the necessary funds in line with Article 4, and to pass them on to the Kolleg.
(2) If it is impossible to comply with the purpose of the Foundation as specified in Paragraph 1, then it is the task of the Foundation to promote advanced study and international academic cooperation.
(3) The Foundation is strictly non-profit in the sense of the section on "Purposes qualifying for tax relief" of the Tax Code (1977). It operates for the benefit of others and is not primarily interested in its own profitability. The funds of the Foundation may be used only for purposes that are in accordance with the Charter. No person may benefit from disbursements which are alien to the purpose of the Foundation or from disproportionately high remuneration.
Assets of the Foundation
(1) The principal assets of the Foundation are
a) free right of usufruct in respect to the Berlin-Grunewald properties in the possession of the Land Berlin at Wallotstrasse 19 and 21
b) cash to the amount of DM 250,000
c) the property at Berlin-Grunewald, Koenigsallee 21, which was presented and signed over to the Foundation by the Volkswagenwerk Foundation for the purposes of the Wissenschaftskolleg.
(2) In principle, the assets of the Foundation are to be kept in reserve. In order to achieve the aims of the Foundation, the funds of the Foundation exceeding 250 000 DM may be temporarily made available for use, with the agreement of the Board of Trustees, if its repayment seems assured.
Funds of the Foundation
(1) The funds required by the Wissenschaftskolleg for grants and to operate the Kolleg will be made available each year through allocations from the budget of the Land Berlin and other public-law entities.
(2) In addition, the Foundation may accept funds from third parties insofar as they are designated for a purpose which is in accordance with the tasks laid down in the Charter and providing that accepting them does not compromise the Foundation's independence.
(3) The Foundation is authorized to accept intermittent funding for purposes designated in the Charter, provided it secures the approval of the Supervisory Board and this funding
a) is in the interests of the Foundation,
b) in no way threatens to compromise its independence,
c) and its disbursement does not hinder the Kolleg in fulfilling its statutory obligations.
Organs of the Foundation
The organs of the Foundation are
a) the Director
b) the Board of Trustees
Director of the Foundation
The Rector of the Wissenschaftskolleg should be appointed Director of the Foundation. If he is not appointed, the Board of Trustees shall appoint a temporary Director. The Director decides who is to represent him for the case that he is prevented from exercising the office.
(1) The Director administers the Foundation in accordance with the Charter. He is answerable to the Board of Trustees.
(2) The position of Director is honorary and unpaid.
(3) The Director represents the Foundation in and outside of court.
(4) The Director of the Foundation is accountable. At the end of each accounting year, accounts are to be drawn up on the income and expenditure of the Foundation and on its assets.The accounting year is the calendar year.
Board of Trustees
(1) The Board of Trustees consists of
a) the member of the Berlin Senat responsible for science and research, to be Chairperson,
b) up to two members of the Federal Government responsible for science and research, one of whom shall assume the Chair at meetings of the Board of Trustees if the Chairperson is prevented from so doing.
c) two members to be appointed by the Members' Assembly of the Wissenschaftskolleg.
The Federal Government has one vote, regardless of the number of its representatives.
(2) The members of the Board of Trustees (para 1 points a-c) may coopt up to eight figures from public life as additional members for four years. The executive board of the Foundation may make recommendations for such appointments.
(3) On the suggestion of the Chairperson, the Board of Trustees can appoint additional members if and as long as they provide substantial funds to finance the Wissenschaftskolleg. If the additional member is a public body or juristic person, it shall determine who shall represent it.
(4) The Chairperson and the members from the federal government may delegate members of their administrative staffs to represent them. Other members may vote by proxy by transferring their vote in writing to another member.
Tasks of the Board of Trustees
(1) The Board of Trustees decides on
* guidelines for the Foundation's work
* the annual economic plan
* amendments to the Charter or agreement to changes in the Wissenschaftskolleg's Charter (Article 12 Para 2 Sentence 2 of the Wissenschaftskolleg's Charter)
* acceptance of the Director's report
* agreement to the selection of the Rector in accordance with Article 6 Para 3 of the Wissenschaftskolleg's Charter
* the statement of position on the selection of the Long-Term Fellows in accordance with Article 9 of the Wissenschaftskolleg's Charter
* the delegation of members to the Academic Advisory Board
* the dissolution of the Foundation or its merger with another foundation
* agreement to the dissolution of the Wissenschaftskolleg.
The Rector of the Wissenschaftskolleg provides the Board with a report on the work of the Kolleg. The Board makes a statement about this report.
(2) Membership of the Board of Trustees is honorary.
(1) The Board of Trustees passes its resolutions in meetings or through written ballot.
(2) The Chairperson of the Board of Trustees must give members two weeks' notice of meetings or ballots.
(3) At least half the members of the Board of Trustees must be present at meetings to constitute a quorum. Written ballots require the participation of at least half the members or the result is not valid.
(4) Decisions are voted on the basis of a simple majority. In the event of a tie vote, the Chairperson has the casting vote. Resolutions which concern amendments to the Charter or questions with significant financial repercussions may not be passed unless the representatives of the Federal Government and the State of Berlin vote in favour. In the event of a dispute whether the matter in hand has significant financial repercussions, the Board of Trustees decides.
(1)The Foundation is subject to the supervision of the Senator for Justice in accordance with the regulations of the Berlin Law on Foundations in the version of 10 November 1976 (Gazette of Laws and Ordinances P. 2599).
(2) Resolutions involving amendments to the Charter, the dissolution of the Foundation or its merger with another Foundation require the approval of the supervisory authority. The Director must apply to the supervisory authority for approval.
(3) The Director must submit the Annual Report to the supervisory authority within four months after the close of the accounting year.
(4) Any alteration in the composition of one of the organs of the Foundation must be reported immediately to the supervisory authority by the Director.
Dissolution of the Foundation or Ceasing of its Purpose
In the event that the Foundation is dissolved or its purpose ceases (Article 2, Para 1 and 2; Article 9, Para I, 1st sentence), the State of Berlin is to be repaid the funds it has deposited and the market values of those of the physical assets it supplied which are still available (Article 3, Para I, Letters a and b) and the Volkswagenwerk Foundation is to be given back the property at Konigsallee 21 (Article 3, Para l, Letter c)