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Law establishing a foundation "Deutsches Historisches Museum"

Original Language Title: Gesetz zur Errichtung einer Stiftung „Deutsches Historisches Museum“

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Law establishing a foundation "Deutsches Historisches Museum" (DHMG)

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DHMG

Date of completion: 21.12.2008

Full quote:

" DHMG of 21 December 2008 (BGBl. 2891), as defined by Article 1 of the Law of 14 June 2010 (BGBl. 784).

Status: Amended by Art. 1 G v. 14.6.2010 I 784

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 30.12.2008 + + +) 

DAs G was adopted by the Bundestag as Article 1 of the G v. 21.12.2008 I 2891.
It's gem. Article 3 of this Act entered into force on 30 December 2008.

Section 1
Foundation "Deutsches Historisches Museum"

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§ 1 Name, seat, legal form and sponsorship of the Foundation

(1) Under the name "Deutsches Historisches Museum" (German Historical Museum), a legally competent federal direct foundation under public law, based in Berlin, will be established. The foundation is created with the entry into force of this law. (2) The foundation is the institution of the independent foundation "Foundation Flight, Expulsion, Reconciliation" (§ 15). Unofficial table of contents

§ 2 Purpose of the Foundation

(1) The purpose of the Foundation is to present the whole of German history in its European context. (2) The fulfilment of this purpose shall serve in particular:
1.
Establishment, maintenance and further development of a permanent exhibition;
2.
Acquisition of Realien for German history as well as its inventory, documentation and, if necessary, restoration;
3.
exchange exhibitions, educational mediation, lectures, seminars, film screenings and other events;
4.
Entertainment of a library and a media library;
5.
research and publications;
6.
Cooperation with German and international museums and other institutions with technical reference.
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§ 3 Foundation assets

(1) With the entry into force of this law, the assets of the German Historical Museum-GmbH including the liabilities and movable property of the Federal Republic of Germany, which are intended for the purpose of the German Historical Museum The foundation "Deutsches Historisches Museum" (German Historical Museum) has been acquired and made available. At the same time, the Deutsches Historisches Museum-GmbH will be out. The management of the Deutsches Historisches Museum-GmbH reports the transfer of assets and the erasing of the GmbH for registration in the commercial register. (2) In order to fulfil the foundation's purpose, the foundation receives an annual grant of the Federal government in accordance with the respective federal budget law as well as § § 23 and 44 of the federal budget regulations, including the administrative provisions in force thereto. (3) The foundation is entitled to accept grants from third parties. The acceptance may only take place if there are no obligations which affect the success of the foundation's purpose. The purpose of the foundation shall be deemed to be impaired if the fulfilment of the requirements can be expected to result in an expense which is disproportionate in relation to the value of the grant. (4) The Foundation's assets shall be used only in the sense of the purpose of the foundation. Unofficial table of contents

§ 4 Statute

The Foundation has a statute which is decided by its board of trustees and which requires the approval of the legal supervision. The same shall apply to amendments to the Articles of Association. Unofficial table of contents

Section 5 Institutions of the Foundation

Bodies of the Foundation shall be
1.
the Board of Trustees
2.
the President or the President,
3.
the Scientific Advisory Board.
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§ 6 Kuratorium

(1) The Board of Trustees consists of 15 members who are seconded for five years. (2) Five members are sent to the Board of Trustees by
1.
the German Bundestag,
2.
The Federal Government, of which one member each on a proposal from the Federal Government Commissioner for Culture and the Media and the Federal Foreign Office, and
3.
the countries, including a member of the Land of Berlin.
For each member, an alternate member shall be sent in the event of the prevention. The members and alternates sent by the German Bundestag must be members of the German Bundestag during the entire time of the posting. If the deputy member is also prevented from exercising the right to vote, the right to vote may be exercised by another member or deputy member of the board of trustees. (3) The posting-authorized bodies may or may not be appointed members of any of the members of the Board of Trustees. Deputising a deputy member. If a member or a substitute member fails, a new member or a new alternate member shall be sent for the period remaining until the end of the five-year period. (4) The Board of Trustees shall elect the Chairman of the Board of Trustees. The Board of Trustees supervises the activities of the Foundation's Board of Trustees. (5) The Board of Trustees monitors the activities of the Foundation's Board of Trustees. It decides on all fundamental questions, in particular on the broad outlines of the programme design, the statutes, the economic plan, the appointment of the auditor and important personnel decisions. The rights and duties of its members correspond to those of the members of the Supervisory Board of a joint-stock company. The Board of Trustees has a quorum if more than half of the members are present or represented. (7) Decisions concerning the statutes and their activities shall be subject to a decision of the Board of Trustees. Any amendment shall require a two-thirds majority of the votes cast. Further qualified majorities may be laid down in the statutes. Decisions of a majority of the votes cast shall also be required. In the event of a tie, the voice of the person shall give the rash which holds the Chair of the Board of Trustees. The vote of the member of the Board of Trustees sent on a proposal by the Federal Government Commissioner for Culture and the Media or the member representing him may not be decided on budgetary and personnel matters. (8) To the Meetings of the Board of Trustees shall take part in an advisory vote by the President and the Chairman of the Scientific Advisory Board, unless the Board of Trustees decides otherwise on a case-by-case basis. (9) The statutes shall be governed by the provisions of the Statute. Unofficial table of contents

§ 7 President or President

(1) The President shall be appointed by the Board of Trustees after hearing the Scientific Advisory Board. The first President of the Foundation will be the previous Managing Director of Deutsches Historisches Museum-GmbH. (2) The President has to report to the Board of Trustees in accordance with Section 90 of the German Stock Corporation Act. The reports referred to in Section 90 (1) sentence 1 of the German Stock Corporation Act shall be refunded in writing. (3) The President or the President shall conduct the business of the Foundation, take the decisions of the Board of Trustees, decide on all matters, to the extent that: (4) The President or the President shall require the approval of the Board of Trustees for legal transactions and acts of considerable importance. (5) The following shall be taken into account in the following: regulates the statutes. Unofficial table of contents

§ 8 Scientific Advisory Board

(1) The Scientific Advisory Board shall include at least 12 experts and a maximum of 25 experts. They are appointed by the Board of Trustees for five years. Repeated appointments are admissible. (2) The Scientific Advisory Council shall advise the Board of Trustees and the President or the President. (3) The statutes shall be laid down in more detail. Unofficial table of contents

§ 9 voluntary activity

The members of the Board of Trustees and the Scientific Advisory Board shall perform their duties on a voluntary basis. The reimbursement of travel expenses and other expenses shall be governed by the provisions applicable to the direct federal administration. Unofficial table of contents

§ 10 Supervision; annual accounts; economic plan; budgetary and economic management; audit

(1) The foundation, including the independent foundation, is subject to the legal supervision of the Federal Government's or the Federal Government Commissioner for Culture and the Media. (2) The Foundation has an annual financial statement and a management report in accordance with the regulations of the Third Book of the Commercial Code for large corporations to be prepared and examined. The chairperson gives the examination order; the auditor reports to the board of trustees. (3) The foundation has to draw up an economic plan, including a transfer bill, in accordance with the federal budget order. The budgetary and economic management is governed by the provisions applicable to the immediate federal administration. (4) The budgetary and economic management of the Foundation, including the independent foundation, shall be subject to the following conditions: Examination by the Federal Court of Auditors pursuant to § 111 of the Federal Budget Code of the examination by a body designated in the Articles of Association. Unofficial table of contents

§ 11 Reporting

Every two years, the Foundation shall submit a publicly accessible report on its activities and projects. Unofficial table of contents

§ 12 Employees

(1) The activities of the Foundation are usually carried out by employees. The employees of the Foundation shall be subject to the collective agreements and other provisions applicable to the employees of the Federal Government. Sentence 2 shall apply to trainees. (2) The Foundation shall enter into the rights and obligations of the German Historical Museum GmbH at the time of its dissolution, without prejudice to the provisions of section 12 (1) sentence 2 and 3. (3) The Foundation has the ability to provide services in accordance with § 121 of the Civil Service Law Framework Act. With the exception of the President or the President, the officials of the Foundation shall be appointed by the person holding the Chair of the Board of Trustees, unless the President or the President has the power to appoint them by the Articles of association. The President shall be appointed by the President of the Federal Republic of Germany or the President of the Federal Republic of Germany. (4) The Board of Trustees shall be the Supreme Service Authority for the Foundation's officials. § 187 of the Federal Officials Act remains unaffected. Unofficial table of contents

§ 13 Fees and charges

(1) Charges and levies are charged for the use of the Foundation's facilities and for access to special events. (2) The Foundation shall be empowered to identify, by means of statutes, the chargeable facts, and in so doing to provide fixed rates or framework rates. In the case of the measurement of charges, the type and extent of the respective use, as well as the personnel and material costs involved, must be taken into account. Fees and outsourcing as well as exemption from fees and outsourcing can be granted on a case-by-case basis for reasons of equity or public interest. Unofficial table of contents

§ 14 Service seal

The foundation is the official seal of the small Bundessiegel with the transcript "Stiftung Deutsches Historisches Museum" (German Historical Museum Foundation).

Section 2
Independent Foundation "Foundation Flight, Expulsion, Reconciliation"

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§ 15 Name, seat and legal form

Under the name "Foundation Flight, Expulsion, Reconciliation", an independent foundation under public law in Berlin will be established with the entry into force of this law in the sponsorship of the foundation "Deutsches Historisches Museum" (German Historical Museum). Unofficial table of contents

§ 16 Purpose of the Foundation

(1) The purpose of the independent foundation is, in the spirit of reconciliation, the memory and the commemoration of flight and expulsion in the 20th. In the historical context of the Second World War and the National Socialist expansionist and non-nationalization policy and its consequences, the fulfilment of this purpose is particularly important.
1.
Erection, maintenance and further development of a permanent exhibition on flight and expulsion in the 20th century, historical backgrounds and contexts as well as European dimensions and consequences;
2.
Elaboration of solo exhibitions on specific aspects of the overall topic;
3.
Dissemination of research results and scientific knowledge;
4.
Collection, documentation and scientific evaluation of relevant documents and materials, in particular in the case of eyewitness accounts;
5.
Cooperation with German and international museums and research institutions.
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§ 17 Foundation assets

(1) With the entry into force of this Act, all movable property acquired or made available by the Federal Republic of Germany for the independent foundation "Foundation Flight, Expulsion, Reconciliation" to be established shall be entered into the Capacity of the wearer. The same applies to assets from donations to the independent foundation "Foundation Flight, Expulsion, Reconciliation" from the third party. The institution administers this special fund separately from its assets. (2) In order to fulfil the purpose of the foundation, the institution receives an annual subsidy from the Federal Government for the independent foundation in accordance with the respective federal budget law. as well as § § 23 and 44 of the Federal Budget Code and the administrative provisions of this Act. (3) The institution shall be entitled to accept grants from third parties for the independent foundation. The acceptance may only take place if there are no obligations which affect the success of the foundation's purpose. The purpose of the foundation shall be deemed to be impaired if the fulfilment of the requirements can be expected to result in an expense which is disproportionate in relation to the value of the grant. (4) The Foundation's assets shall be used only in the sense of the purpose of the foundation. (5) The The institution shall issue the foundation funds from the annual grant of the Federal Government in the implementation of the decisions of the Foundation Board of the independent foundation. (6) The institution shall prepare a foundation for the independent foundation at 31 December of each year Report explaining the asset situation and the use of funds. In the context of his public reporting, he ensures an appropriate publicity of the Foundation's activities. Unofficial table of contents

Section 18 Panels and management of the independent foundation

(1) The independent foundation shall be formed
1.
the Board of Trustees,
2.
the scientific advisory group.
The members of the Board of Trustees and the Scientific Adviser Award are honorary. (2) The independent foundation has a director or director. Unofficial table of contents

§ 19 Board of Trustees

(1) The Board of Trustees consists of 21 members. (2) It is proposed to:
1.
four members by the German Bundestag,
2.
one member each by the Federal Foreign Office, the Federal Ministry of the Interior, and the Commissioner for Culture and the Media,
3.
six members by the Federation of displaced persons e. V.,
4.
Two members each through the Evangelical Church in Germany, the Catholic Church in Germany and the Central Council of Jews in Germany.
An alternate member shall be proposed for each Member in the event of prevention. The members and alternates proposed by the German Bundestag must be members of the German Bundestag. (3) The Federal Government Commissioner for Culture and the Media shall direct the proposals referred to in the first sentence of paragraph 2. Number 2 to 4 and sentence 2 with a corresponding request for election of the President or President of the German Bundestag. On the basis of the proposals referred to in the first sentence of the second sentence of the first sentence of paragraph 1 to 4 and the second sentence, the German Bundestag shall elect the members and alternates. The election is based on an overall proposal, which can only be adopted or rejected as a whole. The President of the German Bundestag shall communicate the results of the election of the Federal Government Commissioner for Culture and the Media. (4) The members and their alternates shall be elected for a period of five years. The term of office shall end before the end of the five-year period when a member or alternate member cedes as a function carrier from his function in the case of the authorized body. In this case, the period of time remaining until the end of the five-year period shall be subject to subsequent occupancy. Paragraphs 2 and 3, first, second and fourth sentences, shall apply accordingly. If more than one subsequent appointment has to be made, the third sentence of paragraph 3 shall apply accordingly. (5) Members of the Foundation shall be the President (Section 7) and the President of the Foundation "House of History of the Federal Republic of Germany". Germany ". The alternates for these members are their statutory representatives. (6) If a member and his alternate member are prevented from exercising, the right to vote may be exercised by another member or alternate member (7) decisions shall be taken by a majority of the votes cast. The member elected on a proposal by the Federal Government's Commissioner for Culture and the Media is chaired by the President. The Director and the Chair of the Scientific Adviser Award shall participate with Rederecht. (8) The Board of Trustees shall determine the basic principles of the Foundation's programme and shall decide on all fundamental matters of the Foundation's programme. non-self-employed foundation, insofar as this does not affect fundamental administrative matters of the institution. The Board of Trustees shall decide, in particular, on the use of the appropriations from a point of expenditure specified in the Rules of Procedure, the appointment of the members of the scientific advisory group and the appointment or recruitment and the appointment of the members of the Scientific Advisory Committee. Dismissal or dismissal of the Director or Director and controls their activity or activities. The Board of Trustees has a point of order. (9) Against decisions of the Board of Trustees, the President or the President (§ 7) has a right of veto if it is against legislation, in particular against the statutes of the institution or against the (10) In budgetary and personnel matters, decisions can only be taken with the consent of the Federal Government's representative for culture and the media on a proposal from the Federal Government Commissioner for Culture and the Media. Member of the Board of Trustees. Unofficial table of contents

§ 20 Scientific Advisory Group

(1) The Board of Trustees shall establish a scientific advisory group with up to 15 members. The members shall be appointed for a period of five years. Repeated vocations are admissible. The members of the scientific advisory group must be personalities who are suitable, on the basis of their expertise, to consult the Board of Trustees and the Director or the Director on technical matters. (2) The scientific advisory group advises the Board of Trustees and the Director or the Director in accordance with the Foundation's purpose in technical matters. It is intended to contribute to the fact that the independent foundation presents the historical events in a balanced and historical-based and historical way, comprehensively and vividly. (3) The scientific advisory group chooses from its centre a Chairman and its deputy or deputy or a chairman and his deputy or deputy, acting by a majority of the votes cast. At the meetings of the Scientific Advisory Group, the Director and the Chairman of the Board of Trustees shall take part in the meeting with a right of reenacting. Unofficial table of contents

Section 21 Director or Director

(1) The Director or the Director shall direct the independent foundation, implement the decisions of the Board of Trustees and prepare the meetings of the Foundation. The Board of Trustees must be adequately informed about the activities of the Foundation. (2) With the approval of the Board of Trustees, the Director or the Director may be appointed for a period of five years in an official relationship or in a non-tariff- The employment relationship above the highest collective bargaining agreement is to be employed, as far as this is necessary for the performance of the tasks. Unofficial table of contents

Section 22 Transitional regime

Until the first-time constitution of the Board of Trustees and the Scientific Advisory Group pursuant to this Act, in the version of the Law of 14 June 2010 (BGBl. 784), the previously existing bodies remain in office.