Law Establishing A Foundation "german Historical Museum"

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

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Read the untranslated law here: http://www.gesetze-im-internet.de/dhmg/BJNR289110008.html

Law establishing a foundation "German Historical Museum" (DHMG) DHMG Ausfertigung date: 21.12.2008 full quotation: "DHMG by December 21, 2008 (BGBl. I S. 2891), by article 1 of the law of June 14, 2010 (BGBl. I p. 784) is has been modified" status: amended by art. 1 G v. 14.6.2010 I 784 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 30.12.2008 +++) the G was adopted as article 1 of the G v. 21.12.2008 I 2891 by the Bundestag.
It entered into force article 3 of this G on December 30, 2008 as per.
Section 1 Foundation "German Historical Museum" § 1 name, domicile, legal form and sponsorship of the Foundation the name "German Historical Museum" is (1) a legal Federal Foundation under public law with headquarters in Berlin. The Foundation is created with the entry into force of this Act.
(2) the Foundation is carrier of dependent Foundation "Foundation flight, expulsion, reconciliation" (§ 15).

§ 2 purpose of the Foundation (1) the purpose of the Foundation is to represent the entire German history within its European context.
(2) the fulfilment of this purpose are used in particular: 1. device, entertainment and development of a permanent exhibit.
2. acquisition of realities of German history as well as their inventory, documentation and, where necessary, restoration;
3. exhibitions, educational teaching, lectures, seminars, film screenings and other events;
4. Entertainment, a library and a library;
5. research and publications;
6 cooperation with German and international museums and other institutions related professional.

§ 3 Foundation assets (1) with the entry into force of this law passes the assets of German Historical Museum GmbH including liabilities and movable assets of the Federal Republic of Germany, which were purchased and deployed for purposes of the German Historical Museum, on the Foundation of "German Historical Museum". At the same time, the German Historical Museum GmbH goes out. The management of the German Historical Museum GmbH announces the asset transfer and termination of GmbH for registration in the commercial register.
(2) in order to fulfill the purpose of the Foundation the Foundation receives an annual grant from the Federal Government in accordance with the respective Federal Budget Act and §§ 23 and 44 of the federal financial regulation including the regulations implementing.
(3) the Foundation is entitled to accept contributions by third parties. The adoption must be only, if it means no conditions that affect the achievement of the purpose of the Foundation. The purpose of the Foundation is deemed to be impaired, if the compliance a burden can be expected, which is disproportionate in relation to the value of the donation.
(4) the Foundation's assets is only in the sense of the purpose of the Foundation to use.

§ 4 statute that gives Foundation is a statute, which is decided by its Board of Trustees and the approval by the supervisory. The same applies to amendments to the Statute.

§ 5 organs of the Foundation are 1. organs of the Foundation Board of Trustees, 2. the President or the President, 3. the Scientific Advisory Board.

§ 6 Board of Trustees (1) the Board of Trustees consists of 15 members, who are sent for each five years.
(2) in the Board of Trustees, five members are sent by 1 the Bundestag, 2. the Federal Government, of which per a member on the proposal of the or of the charge the Federal Government for culture and media and the Foreign Office, and 3 countries, of which a member of the State of Berlin.
For each Member, a substitute for case is to send. The members delegated by the German Bundestag and deputy members must be members of the German Bundestag during the whole period of posting. Also the Deputy member is prevented, the right to vote may be exercised by a member or Deputy member of the Board of Trustees.
(3) the posting authorised bodies can dismiss each of them posted for Member or Deputy member. A member or alternate member resigns, a new Member or a new alternate member shall for the time remaining until the end of the five years to send.
(4) the Board of Trustees elects the Chair from the members delegated by the Federal Government; the Member sent by the State of Berlin holds the deputy chairmanship.
(5) the Board of Trustees monitors the activity of the Foundation Board. It decides on all basic questions, in particular about the basic principles of programming, the articles of Association, the economic plan, the appointment of the auditor and important personnel decisions. The rights and obligations of its members correspond to those of the members of the Supervisory Board of joint-stock company. The President or the President has on his or her activities to the Board of Trustees.
(6) the Board of Trustees is quorate if more than half of the members are present or represented.
(7) decisions on the Constitution and amendments require a majority of two thirds of the votes. More qualified majorities can be set in the articles of Association. The rest require resolutions of the majority of the votes. Vote the vote shall be decisive, which holds the Presidency of the Board of Trustees of the person. Against the vote of the Board of Trustees member posted at the suggestion of the or of the charge the Federal Government for culture and media, or of the Member representing him can not be decided in budget and personnel issues.
(8) the President or the President and that or the Chairman of the Scientific Advisory Board with advisory vote take part at the meetings of the Board of Trustees, unless the Board decides otherwise in a particular case.
(9) further regulates the Statute.

§ 7 appointed President or President (1) who is President or the President of the Board of Trustees after consultation of the Scientific Advisory Board. First President of the Foundation is the former Managing Director of the German Historical Museum GmbH. (2) the President or the President has to report the Board according to section 90 of the companies act. The reports referred to in article 90 paragraph 1 sentence 1 of the companies Act are to report in writing.
(3) the President or the President manages the Affairs of the Foundation, carries out the decisions of the Board of Trustees, decides if not the Board of Trustees is responsible in all matters, and represents the Foundation and out of court.
(4) the President or the President required the approval of the Board of Trustees to legal transactions and acts of major importance.
(5) further regulates the Statute.

Article 8 Scientific Advisory Board (1) the Scientific Advisory Board include at least 12 and no more than 25 experts. They are appointed by the Board of Trustees for five years. Repeated appeals are allowed.
(2) the Scientific Advisory Board advises the Board of Trustees and the President or the President.
(3) further regulates the Statute.

§ 9 volunteering members of the Board of Trustees and advisory practice their activities volunteer from. The reimbursement of travel costs and other expenses depend on the provisions on the direct Federal Administration.

Article 10 supervision; Annual accounts; Management plan; Budgetary and economic management; Examination (1) the Foundation including the dependent Foundation is subject to the legal supervision of the or of the charge the Federal Government for culture and media.
(2) the Foundation has to prepare financial statements and a management report in accordance with the regulations of the third book of the commercial code for large corporations and to check. The Chairman granted the audit engagement; the auditor reported the Board of Trustees.
(3) the Foundation has the federal budget rules to set up a business plan including a reconciliation. The budgetary and economic management depends on the provisions on the direct Federal Administration.
(4) the fiscal and economic management of the Foundation including the dependent Foundation is subject to without prejudice to a review by the Federal Court of Auditors according to § 111 of the federal financial of audit by a body specified in the articles of Association.

Reporting that lays foundation every two years one section 11 publicly available report on their activities and their intentions before.

§ 12 workers (1) the business of the Foundation usually by workers and perceived workers. The workers and employees of the Foundation, you are for each applicable to workers and employees of the Federal Government collective agreements and other provisions to apply. Sentence 2 shall apply accordingly for trainees.
(2) the Foundation is the existing working and training conditions without prejudice to section 12 paragraph 1 sentence 2 and 3 in the rights and obligations of with the German Historical Museum GmbH at the time of its dissolution.
(3) the Foundation has Service Mr ability according to § 121 of the civil servants law framework. The civil servants and officials of the Foundation are appointed with the exception of the President or of the President of the person, who has chaired of the Board of Trustees, as far as the power to appoint by the Statute is transmitted not the President or the President. The President or the President is appointed by the Federal President or the President.
(4) Supreme authority of service for civil servants and officials of the Foundation's Board of Trustees. section 187 of the federal civil servants Act remain unaffected.

Article 13 fees and expenses (1) for the use of facilities of the Foundation, as well as for access to special events be fees and expenses.
(2) the Foundation is authorized by statute to determine the chargeable offences and to provide for this fixed rates, or frame rates. If the tax type and scope of the respective use and related personnel and administrative expenses to take into account. Fees and delivery discount and charges - delivery exemption may be admitted in certain cases for reasons of equity or of public interest.

§ 14 official seal the Foundation leads the small federal seal with the inscription "Foundation German Historical Museum" as official seal.
Section 2 dependent Foundation "Foundation flight, expulsion, reconciliation" § 15 name, seat and legal form under the name of "Foundation flight, expulsion, reconciliation" a dependent Foundation of under public law in Berlin is built with entry into force of this Act in sponsorship of the Foundation "German Historical Museum".

Article 16 Foundation (1) purpose of the dependent Foundation aims to keep the memory and the memory of flight and expulsion in the 20th century in the historical context of the second world war and the Nazi expansion and destruction policy and its consequences in the spirit of reconciliation.
(2) the fulfilment of this purpose are used in particular: 1. construction, entertainment and development of a permanent exhibition to flight and expulsion in the 20th century, the historical backgrounds and contexts, as well as European dimensions and consequences;
2. elaboration of exhibitions on specific aspects of the overall issues;
3. communication of research results and scientific knowledge;
4. collection, documentation and scientific evaluation of relevant documents and materials, including reports;
5. cooperation with German and international museums and research institutions.

§ 17 endowments (1) with the entry into force of this law all go by the Federal Republic of Germany for the employed Foundation to be built "Foundation flight, expulsion, reconciliation" over purchased or provided movable assets in the assets of the carrier. The same applies to assets from donations for the employed Foundation to be built "Foundation flight, expulsion, reconciliation" by a third party. The carrier maintains this funds separately from his assets.
(2) in order to fulfill the purpose of the Foundation, the winner receives an annual grant of Federal for the employed Foundation after the Federal Budget Act and regulations to judgments of sections 23 and 44 of the federal financial regulation, and the.
(3) the carrier is entitled to accept contributions from a third party for the employed Foundation. The adoption must be only, if it means no conditions that affect the achievement of the purpose of the Foundation. The purpose of the Foundation is deemed to be impaired, if the compliance a burden can be expected, which is disproportionate in relation to the value of the donation.
(4) the Foundation's assets is only in the sense of the purpose of the Foundation to use.
(5) the institution awards the Stiftungsmittel from the annual subsidy of the Federal Government in implementing the decisions of the Board of Trustees of the paid employment Foundation.
(6) the institution produces a report that explains how the financial situation and the use of funds for the employed Foundation as at 31 December of each year. In the context of its public reporting ensures that an adequate publicity of the Foundation's activities.

§ 18 are bodies and head of the paid employment Foundation (1) paid Foundation formed the Board of Trustees, 2. 1 the Scientific Advisory Board.
The Board of Trustees and the Scientific Advisory Group members are volunteers.
(2) the unincorporated Foundation has a Director or a Director.

§ 19 Board (1) the Board consists of 21 members.
(2) it will be proposed: 1 four members by the German Bundestag, 2. one Member by the Foreign Office, the Federal Ministry of the Interior and the Commissioner or the Federal Government for culture and media, 3. six members by the Federal Commissioner of displaced e. V., 4. each two members of the Evangelical Church in Germany, the Catholic Church in Germany and the Central Council of Jews in Germany.
A substitute is to propose for each Member in case of prevention. The members proposed by the German Bundestag and deputy members must be members of the German Bundestag.
(3) or the officer who directs the Federal Government for culture and media the proposals referred to in paragraph 2 sentence 1 number 2 to 4 and set 2 with a corresponding application to the election of the President or the President of the German Bundestag to. The German Bundestag selects on the basis of the proposals referred to in paragraph 2 sentence 1 number 1 to 4 and set 2 the members and deputy members. The choice is based on a comprehensive proposal which may be accepted or rejected as a whole. The President or the President of the German Bundestag shares with the outcome of the election which or the Federal Government Commissioner for culture and the media.
(4) the members and their deputies are elected for the duration of five years. The mandate ends before expiry of the five years if a member or alternate member as officials on the proposal authorized authority resigns from his local function. In this case, a filling is done for the time remaining until the end of the five years. Set of 1, 2 and 4 shall apply paragraph 2 and paragraph 3. More than one has to be filling, sentence 3 according to paragraph 3 is applicable.
(5) members officio are the President or the President (article 7) and the President or the President of the Foundation of "House of the history of the Federal Republic of Germany". The alternates for these members are their statutory representatives.
(6) a member and his alternate member are unable, the right to vote may be exercised by another Member or alternate member.
(7) decisions shall require a majority of the votes. The Member elected on the proposal of the or of the authorized the Federal Government for culture and media has the Presidency. The Director or the Director and that or the Chairperson for the Scientific Advisory Group participate with speaking rights.
(8) the Board of Trustees determines the basic principles of the Foundation program and decide on all fundamental issues of paid employment Foundation, as far as this not basic administrative matters of the carrier are concerned. The Board decides in particular on the use of funds from a level of expenditure closer determined in the rules of procedure, the appointment of the members of the Scientific Advisory Group, as well as on the appointment or setting and the dismissal or dismissal of the Director or the Director and controls his or her work. The Board of Trustees to adopt rules of procedure.
(9) against decisions of the Board of Trustees a veto right of the President or the President (article 7), if they fail to comply with laws and regulations, in particular against the statutes of the institution or against the principle of efficiency and thrift.
(10) in budget and personnel matters, decisions only with the approval of the Foundation Board elected on the proposal of the or of the authorized the Federal Government for culture and media can be grouped.

Article 20 Scientific Advisory Board (1) directing board a Scientific Advisory Board a with up to 15 members. The members shall be appointed for five years. Repeated appeals are allowed. The members of the scientific consultants circle must be personalities that are suitable on the basis of their expertise, to advise the Board of Trustees and the Director or the Director on technical issues.
(2) the Scientific Advisory Board advises the Board of Trustees and the Director or the Director according to the purpose of the Foundation in technical matters. It should help that the employed Foundation balanced and geschichtswissenschaftlich sound and alive, comprehensive and clearly is the historical events.
(3) the Scientific Advisory Board elects from among its members a Chairman and whose substitute or Deputy or a Chairman and its Deputy or Deputy with the majority of the votes. Director or the Director, as well as that or the Chairman of the Board with the right to speak, participate in the meetings of the scientific consultants circle.

§ 21 Director or Director (1) the Director or the Director directs the audit-related Foundation, carries out the decisions of the Board of Trustees and prepares its meetings. Board of Trustees is adequate to teach about the activity.
(2) with the consent of the Board of Trustees the Director or the Director of a civil servant can on time for the duration of five years be appointed or employed a noncontracted work contract above the highest collective pay grade, insofar as this is necessary for carrying out the tasks.
Section 22 transitional arrangements up to the first Constitution of Board of Trustees and the Scientific Advisory Group under this Act in the version of the law of June 14, 2010 (Federal Law Gazette I p. 784) remain the previously existing bodies in the Office.