Law Establishing A Foundation "german Historical Museum"

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

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Law to establish a foundation "Deutsches Historisches Museum" (DHMG)

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DHMG

Date of issue: 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. I p. 784) "

:Modified by Art. 1 G v. 14.6.2010 I 784

See Notes

Footnote

(+ + + Text Evidence: 30.12.2008 + + +)

DAs G for more information on the standstill. as Article 1 of the G v. 21.12.2008 I 2891 adopted by the Bundestag.
It is gem. Article 3 of this G entered into force on 30.12.2008.

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 valid federal foundation of public law, which is based in Berlin. The Foundation shall come into force with the entry into force of this Act.(2) The Foundation is the institution of the independent foundation "Foundation Flight, Expulsion, Reconciliation" (§ 15). Non-official table of contents

§ 2 Foundation purpose

(1) The purpose of the foundation is to make the entire history of German history in its European context. .(2) The performance of this purpose shall be in particular:
1.
The establishment, maintenance and development of a permanent exhibition;
2.
Acquisition of Realia on German history as well as its inventory, documentation and, if necessary, restoration;
3.
Change exhibitions, museum education 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 Deutsches Historisches Museum-GmbH including the liabilities and movable property of the Federal Republic of Germany, which have been acquired and made available for the purpose of the German Historical Museum, to the Stiftung "Deutsches Historisches Museum" (German Historical Museum). At the same time, the Deutsches Historisches Museum-GmbH is also out of the box. The management of the Deutsches Historisches Museum-GmbH reports the transfer of assets and the erasing of the GmbH for entry in the commercial register.(2) In order to fulfil the purpose of the foundation's purpose, the Foundation shall receive an annual grant from the Federal Government in accordance with the respective Federal Budget Act as well as § § 23 and 44 of the Federal Budget Code, including the previous Federal Budget Act. Administrative provisions.(3) The Foundation shall be 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 affected 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. Non-official table of contents

§ 4 Statutes

The Foundation is set up by its Board of Trustees and approved by the Board of Trustees. Legal supervision is needed. The same shall apply to amendments to the Articles of Association. Non-official table of contents

§ 5 Foundation bodies

bodies of the foundation are
1.
the board of trustees,
2.
the president or the president,
3.
the Scientific Advisory Board.
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§ 6 Board of Trustees

(1) The Board of Trustees consists of 15 members, who are posted for five years each.(2) Five members are sent to the Board of Trustees from
1.
to the German Bundestag,
2.
the Federal Government, one of which is a member on the proposal of the Federal Government Commissioner for Culture and the Media and the Federal Foreign Office, and
3.
the countries, including a member of the Land Berlin.
For each member, a alternate member must be sent for the case of 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 may be exercised by another member or deputy member of the board of trustees.(3) The posting-authorized bodies may dismiss any member or alternate member sent by them. 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 elects the Presidency from the members sent by the Federal Government; the Vice-Chair shall hold the member sent by the Land of Berlin.(5) The Board of Trustees shall monitor the activities of the Foundation's management. 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 President or the President shall report to the Board of Trustees on their activities or activities.(6) The Board of Trustees shall have a quorum if more than half of the members are present or represented.(7) Decisions concerning the statutes and their amendments 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. Budgetary and personnel questions cannot be decided against the vote of the member of the Board of Trustees or of the member representing him who is seconded on a proposal by the Federal Government Commissioner for Culture and the Media.(8) At the meetings of the Board of Trustees, the President and the Chairman of the Scientific Advisory Board shall take part in an advisory capacity, unless the Board of Trustees decides otherwise on a case-by-case basis.(9) The provisions of the Statute shall be laid down in detail. Non-official table of contents

§ 7 President or President

(1) The President or 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 shall report to the Board of Trustees in accordance with Section 90 of the German Stock Corporation Act (AktG). The reports referred to in § 90 (1) sentence 1 of the German Stock Corporation Act shall be reported in writing.(3) The President or the President shall carry out the operations of the Foundation, take decisions of the Board of Trustees, decide on all matters, unless the Board of Trustees are responsible, and shall represent the Foundation in a judicial and legal form. extrajudicial.(4) The President or the President shall require the approval of the Board of Trustees in respect of legal transactions and acts of considerable importance.(5) The provisions of the Statute shall be laid down in detail. Non-official table of contents

§ 8 Scientific Advisory Board

(1) The Scientific Advisory Board shall include at least 12 experts and not more than 25 experts. . They are appointed by the Board of Trustees for five years. Repeated vocations are admissible.(2) The Scientific Advisory Board shall advise the Board of Trustees and the President or the President.(3) The provisions of the Statute shall be laid down in detail. Non-official table of contents

§ 9 honorary activity

The members of the Board of Trustees and the Scientific Advisory Board shall carry out their duties Volunteer. The reimbursement of travel expenses and other expenses shall be governed by the provisions applicable to the direct federal administration. Non-official table of contents

§ 10 Supervision; annual accounts; economic plan; budget 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 shall draw up an annual financial statement and a management report in accordance with the provisions of the Third Book of the Commercial Code for major corporations and shall have the effect of examining them. The chairperson gives the examination assignment; the auditor reports to the board of trustees.(3) The Foundation shall draw up an economic plan, including a transfer account, in accordance with the federal budget order. The budgetary and economic management shall be governed by the provisions applicable to the immediate federal administration.(4) The budgetary and economic management of the Foundation, including the independent foundation, is subject to examination by the Federal Court of Auditors in accordance with § 111 of the Federal Budget Code of the Examination by means of an audit determined by the statutes of the Foundation. Place. Non-official table of contents

§ 11 Reporting

The Foundation shall submit a publicly accessible report every two years on its activities and their projects. Non-official table of contents

§ 12 employees

(1) The business of the foundation is usually carried out by employees perceived. The employees of the Foundation shall be subject to the collective agreements and other provisions applicable to the employees of the Federal Government. The second sentence shall apply to apprentices.(2) Without prejudice to § 12 (1) sentence 2 and 3, the Foundation shall enter into the rights and obligations of the German Historical Museum-GmbH at the time of its dissolution existing employment relationships and educational conditions.(3) The Foundation has the ability to provide services in accordance with Section 121 of the Law on Civil and Civil Service Law. 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 The statutes shall be conferred. The President shall be appointed by the President of the Federal Republic of Germany or by the President of the Federal Republic of Germany.(4) The Board of Trustees is the Board of Trustees of the Foundation's officials. § 187 of the Federal Officials Act remains unaffected. Non-official table of contents

§ 13 Fees and Deposits

(1) For the use of the Foundation's facilities and for access to special Events will be charged and levied.(2) The Foundation shall be empowered to identify, by statute, the chargeable facts and, in so doing, to provide for 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 admitted on a case-by-case basis for reasons of equity or public interest. Non-official table of contents

§ 14 Seal of service

The foundation is the official seal of the small Bundessiegel with the transcript " Stiftung Deutsches Historical Museum ".

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", the foundation will become the foundation of the foundation "Deutsches Historisches Museum" (German Historical Museum) establishes an independent foundation under public law in Berlin. Non-official table of contents

§ 16 Foundation purpose

(1) The purpose of the independent foundation is to remembering and remembering in the spirit of reconciliation. Commemoration of escape and expulsion in the 20th In the historical context of the Second World War and the National Socialist expansionist and non-nationalist policy and its consequences, the century has been growing.(2) The accomplishment of this purpose shall be in particular:
1.
Establishment, 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.
Development of solo exhibitions on specific aspects of the Overall theme;
3.
communicating research results and scientific knowledge;
4.
Collection, documentation and scientific evaluation of relevant documents and materials, especially of eyewitness accounts;
5.
Co-operation with German and international museums and research institutions.
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§ 17 Foundation assets

(1) With the entry into force of this law, all of the Federal Republic of Germany will be responsible for the independent foundation to be established "Foundation for the escape, expulsion, reconciliation" of movable property acquired or made available in the assets of the institution. The same applies to assets from donations to the independent foundation "Foundation Flight, Expulsion, Reconciliation" from the third party. The institution manages this special fund separately from its assets.(2) In order to fulfil the purpose of the foundation's purpose, the institution shall receive an annual subsidy from the Federal Government in accordance with the respective Federal Budget Act, as well as sections 23 and 44 of the Federal Budget Code and the corresponding federal budget regulations. Administrative provisions.(3) The institution shall be entitled to accept grants from third parties for the non-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 affected 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 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 make for the independent foundation the 31. December of each year a report explaining the financial situation and the use of funds. In the context of his public reporting, he ensures an adequate publicity of the Foundation's activities. Non-official table of contents

§ 18 bodies and management of the independent foundation

(1) The independent foundation is formed
1.
The Board of Trustees,
2.
the Scientific Advisory Group.
The members of the The Board of Trustees and the Scientific Advisory Group are honorary members of the Board of Trustees.(2) The independent foundation shall have a director or a director. Non-official table of contents

§ 19 Board of Trustees

(1) The Board of Trustees is made up of 21 members.(2) It is proposed:
1.
Four members by the German Bundestag,
2.
each one member by the Federal Foreign Office, the Federal Ministry of the Interior and the Federal Government Commissioner for Culture and the Media,
3.
six members by the Bund der Verdriven 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.
For Each member shall be proposed to have an alternate member in the event of the 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 forward the proposals referred to in the second sentence of the second sentence of paragraph 2 to 4 and the second sentence 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 first paragraph of paragraph 2, the German Bundestag shall elect the members and alternates in the second sentence of paragraph 1 to 4 and the second 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's or 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 if a member or alternate member cedes as a function carrier in the case of the authorized body from its function there. 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 post-occupation has to be carried out, 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 "Haus der Geschichte der Bundesrepublik Deutschland" (House of History of the Federal Republic of Germany). The alternates for these members shall be their statutes.(6) If a member and his alternate member are prevented from voting, the voting rights may be exercised by another member or alternate member.(7) Decisions shall require 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 the 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 independent 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 shall adopt its rules of procedure.(9) In the case of decisions of the Board of Trustees, the President or the President (Section 7) shall have a right of veto if they are against legislation, in particular against the statutes of the institution or against the principle of economy and economy, .(10) In budgetary and personnel matters, decisions can only be taken with the consent of the member of the Board of Trustees elected for culture and media on a proposal by the Federal Government Commissioner for Culture and the Media. Non-official table of contents

§ 20 Scientific Advisory Group

(1) The Board of Trustees shall set up 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 advise the Board of Trustees and the Director or the Director on technical matters.(2) The Scientific Advisory Committee shall advise the Board of Trustees and the Director or the Director on technical matters in accordance with the purpose of the Foundation. It is intended to contribute to the fact that the independent foundation presents the historical events in a balanced and historical-based and vivid way, comprehensively and vividly.(3) The Scientific Advisory Committee shall elect from among its members a Chairperson and its Deputy or Deputy or a Chairman and his Deputy or Deputy 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. Non-official table of contents

§ 21 Director or Director

(1) The director or director shall head the independent foundation, which shall: Decisions of the Board of Trustees are prepared and prepared for its meetings. 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 employment relationship above the highest collective bargaining agreement. In so far as this is necessary for the performance of the tasks, the group of charges shall be employed. Non-official table of contents

§ 22 Transitional regulation

Until the first constitution of the Board of Trustees and the scientific advisory group in accordance with this law in the version of the law of 14. June 2010 (BGBl. 784), the previously existing bodies remain in office.