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Law establishing a foundation "Mother and Child-Protection of the Unborn Life"

Original Language Title: Gesetz zur Errichtung einer Stiftung "Mutter und Kind - Schutz des ungeborenen Lebens"

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Law establishing a foundation "Mother and Child-Protection of the Unborn Life"

Unofficial table of contents

MuKStiftG

Date of completion: 13.07.1984

Full quote:

"Law establishing a foundation" Mother and Child-Protection of the Unborn Life ", as amended by the Notice dated 19 March 1993 (BGBl. 406), as last amended by Article 7 (6) of the Law of 7 July 2009 (BGBl I). I p. 1707) "

Status: New by Bek. V. 19. 3.1993 I 406
Last amended by Art. 7 sec. 6 G v. 7.7.2009 I 1707

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1996 + + +)
This provision shall not apply in accordance with the territory referred to in Article 3 of the Agreement. L. I chap. X Sachg. H An. I N ° 2 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 1093
Gem. § 13 idF G v. 21.12.1992 I 2147 shall enter into force in the accession area on 1 January 1993. Unofficial table of contents

§ 1 Establishment and seat

(1) A legally competent foundation under public law "Mother and child-protection of unborn life" is established. The foundation is created with the entry into force of this law. (2) The seat of the foundation is Bonn. Unofficial table of contents

§ 2 Purpose of the Foundation

(1) The purpose of the Foundation is to provide funds for complementary aid, to be granted to mothers who are turning to a maternity counsellor because of an emergency situation, or to be promised for the post-natal period, in order to provide them with To facilitate the continuation of pregnancy. (2) There is no legal claim for benefits under this law. Unofficial table of contents

§ 3 beneficiaries

The Foundation shall give the funds in accordance with the provisions of the second sentence to bodies in the countries which operate nationwide within the scope of the purpose of the foundation (Article 2 (1)) and do not exercise any sovereign powers in the process. The resources allocated to each country are either a combination of such institutions from a number of countries, or a facility per country. Unofficial table of contents

§ 4 Use of the foundation funds

(1) Assistance may be granted from the Foundation's resources in respect of expenses incurred in connection with pregnancy and childbits and in the care and upbringing of a young child, in particular for:
1.
the initial equipment of the child;
2.
the continuation of the budget;
3.
the home and furnishings,
4.
the care of the toddler.
(2) Benefits from funds of the Foundation may only be granted or promised if the assistance is not or is not possible in any other way or is not sufficient in time. (3) For more details, please refer to the guidelines. Unofficial table of contents

§ 5 Freedom of pledge, relationship with other social benefits

(1) Services granted to the persons referred to in Article 2 (1) from funds of the Foundation within the scope of the Foundation's purpose shall not be pawnable. The same applies to benefits granted by funds from other foundations under public law or from funds established by foundations established by a public body body to achieve the purpose referred to in § 2 para. 1 . If a cash benefit is transferred to the account of the expectant mother at a financial institution, if the account is not covered, Section 850k (6) of the Code of Civil Procedure shall apply accordingly. (2) Benefits of the type referred to in the first sentence of the first sentence of paragraph 1 and the second sentence of the second sentence shall remain in the case of social benefits under legislation, the granting or the amount of such benefits depends on other income. Unofficial table of contents

§ 6 Foundation assets

(1) The Federal Government shall make available to the Foundation annually funds equal to the appropriations entered in the budget for this purpose, at least 180 million Deutsche Mark, for the purpose of fulfilling the purpose of the foundation. (2) From the Foundation's 1985 onwards Up to 1 million German marks can be used annually to build up a foundation's assets. Federal funds which have not been issued by the Foundation for the purpose of fulfilling the foundation's purpose until the end of a financial year are to be used in addition to the establishment of the foundation's assets. (3) The foundation is entitled to grant benefits from third parties. Unofficial table of contents

§ 7 Statute

The Foundation may enact a statute which is decided by the Board of Trustees. Unofficial table of contents

§ 8 Foundation organs

The foundation's organs are the foundation board, the managing director and the board of trustees. Unofficial table of contents

§ 9 Board of Trustees

(1) The Board of Trustees shall consist of:
1.
three representatives of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth,
2.
A representative of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth,
3.
a representative of the Federal Ministry of Finance,
4.
four members who are appointed by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth on a proposal from the beneficiaries referred to in § 3.
(2) The Board of Trustees shall elect its chairman and his deputy from the representatives of the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth. (3) For each member, a representative shall be appointed. (4) The members of the Board of Trustees shall be elected by Paragraph 1 (3) and its representatives shall be convened for a period of two years. Repeated appeal is permitted. If a member retires prematurely, a successor is to be appointed for the remainder of his term of office. (5) The Board of Trustees decides on all fundamental issues which are part of the remit of the Foundation, in particular on the determination of the Budget and annual accounts. After hearing the beneficiaries referred to in § 3, he shall establish guidelines for the award and use of the foundation funds and shall monitor the activities of the managing director. It elects two auditors for a period of two years. (6) The Board of Trustees is quorum if more than half of its members are present. (7) The Board of Trustees shall take its decisions by a simple majority; in the event of a tie decides the Chairman's vote. Unofficial table of contents

§ 10 Managing Director

(1) The Chairman of the Board of Trustees appoints a Managing Director. (2) The Managing Director shall conduct the ongoing business of the Foundation, in particular he shall execute the decisions of the Foundation Board. It shall also be responsible for the allocation of the endowing funds and for the monitoring of their appropriate and economic use. He represents the Foundation in court and out of court. Unofficial table of contents

§ 11 Kuratorium

(1) The Board of Trustees consists of:
1.
two representatives of the churches,
2.
six representatives of the Federal Associations of the Free Welfare Administration,
3.
a representative of the foundations in the countries that are active in the scope of the purpose of the foundation (§ 2 para. 1),
4.
one representative of each of the local community leaders,
5.
a representative of the working group of the German family organizations,
6.
a representative of the German Women's Council,
7.
a representative of the medical profession,
8.
up to eight other members.
(2) The members of the Board of Trustees shall be appointed by the Chairman of the Board of Trustees for a period of four years. The Board of Trustees elects the Chairman of the Board of Trustees. (3) The Board of Trustees advises the Board of Trustees in the performance of their duties. Unofficial table of contents

§ 12 Supervision

The foundation is subject to the legal supervision of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. Unofficial table of contents

Section 13 Entry into force in the accession area

This Act shall enter into force on 1 January 1993 in the territory referred to in Article 3 of the Agreement on the entry into force of the Agreement. Unofficial table of contents

Section 14 (Entry into force)

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