Trust Fund Charter
Name and location of the Trust Fund
The Trust is to be known as the "Zerbst Castle Preservation Trust e.V.". The location of the Trust is in Zerbst/Anhalt. The Trust is enrolled in the Registry of Associations.
Aims of the Trust Fund
The Trust maintains itself exclusively and directly in accordance with the non-profit aims under the terms, in particular, the section dealing with taxation privileges in the fiscal code. The Trust has no business purposes and is non commercial in intent.
The primary aim of the Trust is to promote the retention of the Zerbst/Anhalt Castle complex and its surroundings. It has committed itself to the following tasks and goals:
- The preservation of the existing historical remains of the Castle.
- Long term to reconstruct the exterior of the East Wing in a style in keeping with the original.
- To publicise the Castle, both in the region and outside, through various kinds of public involvement.
- The organisation and presentation of cultural events.
- To popularise the cultural and historical values of the Castle complex.
- To mobilise a broad public consensus for the preservation of the Castle and surroundings.
- The rescue of the adjacent buildings in the Castle garden from total loss and their restoration in accordance with best preservation practices.
- The replanting, maintenance and long time care of the landscape park.
- To integrate the Castle and park in the future tourist concept of the town Zerbst/Anhalt and region.
The Trust consists of ordinary members, honorary members and supporting members.
To become an ordinary member, one must be older than 14 years of age, be interested in the aims of the Trust, be willing to support the Trust and accept the Charter of the Trust. Those who are under age must be vouched for by their legal guardians. Only ordinary members may be eligible to be elected onto the Board of Directors.
The Board of Directors may nominate persons as honorary members, who have outstandingly engaged themselves on behalf of the Trust and its aims. The nomination shall be voted upon at the Annual General Meeting (AGM). An honorary member shall be considered to have been elected when a two thirds majority has voted for the nomination.
Supporting members can be either individuals or legal entities, who support the Trust both materially and in spirit. For example the town of Zerbst/Anhalt is an honorary member of the Trust.
After the foundation of the Trust, acceptance as member, in writing, is decided upon by the Board of Directors. Reasons for the rejection of an application for membership of the Trust must not be made known to the applicant.
Membership of the Trust is voided through resignation, expulsion or death.
Cancellation of membership of the Trust must be forwarded to those affected in writing at the end of the year with a 3 months notice period.
Expulsion is possible when a member, despite the demand for payment and the reminder that his annual contribution is in arrears, still does not pay up. Also when a member infringes against the Charter or when, through his behaviour, the Trust is brought into disrepute or materially damaged. The said expulsion can be decided upon in a membership assembly with a two thirds majority of those who are present. The affected person has the right, before the vote, to state his case and must be duly notified in writing of his expulsion.
Expulsion is still possible if a member has failed to pay his/her membership fees for two fiscal years, despite a demand for payment and a reminder of the same. After a resolution of the members of the board, the said membership shall expire at the end of the first quarter of the following year, if no payment has been made. Notification of expulsion is to be given to the member in writing.
Rights and obligations of the members
Ordinary, honorary and supporting members are to be treated equally with regard to their rights and obligations with the exception of the rules concerning contributions.
Each member is entitled:
- To play an active role in the life of the Trust Fund.
- To take part in building a consensus in the Trust through practice in forwarding motions, discussions and voting. To take part in the meetings of the members.
- To participate in all events staged by the Trust.
Each member is obliged:
- To abide by the terms of the Charter.
- To recognise and abide by the resolutions of the Trust and strive for their implementation.
- To pay the membership contributions on time, as resolved by a meeting of the members.
The annual membership contribution is to be determined by a meeting of the members by a simple majority vote resolution.
The assembly of the members is the highest organ of the Trust. It is called together, in writing, at least once a year by the Board of Directors. It is chaired by the Chairman or the Vice Chairman and it regulates the affairs of the Trust.
At the AGM the following points of the concluded business year are to be treated at the minimum.
Extraordinary general meetings of the membership can be called together, in writing, according to the discretion of the Board of Directors. The Board of Directors are duly bound to call such an assembly of the members when at least a quarter of the members demand, in writing, such a meeting in accordance with the Charter of the Trust. The invitation to all members to attend must be delivered, in writing, at least two weeks beforehand as a resolution in the daily order of business.
- A report from the Board of Directors concerning the recently expired business year.
- A report from the Treasurer and the Financial Controllers.
- The validation of the Board of Directors.
- The holding of new elections in accordance with the Trust Charter.
The legitimately assembled general meeting of the members can make decisions without regard to the number of members in attendance. Decisions are taken according to a simple majority vote. Abstentions count as rejections. A two thirds majority of the votes is necessary in respect of changes to the Charter and in the case of a resolution calling for the winding up of the Trust.
A written protocol is to be kept of all activities and decisions of the general meeting of the members, in which, at least the ratified decisions are to be noted. The protocol must be signed by the Chairman and the Secretary.
The Board of Directors
The Board of Directors elected at the AGM consists of:
The Board of Directors can appoint suitable members to work with them according to need. These appointees then can play an advisory role.
- The Chairman
- The Vice Chairman
- The Secretary
- The Treasurer
- The Public Relations Director
The period of office lasts for 2 years. The elected representatives remain in office until new elections are called.
All posts are to be considered as honorary positions.
The Board of Directors represent the Trust on all occasions according to the decisions of the members general meeting and in compliance with the Charter. According to paragraph 26 of the Citizen's Law Code, the legal representatives of the Trust are the Chairman and Vice Chairman, or one of them both plus another member of the Board of Directors.
It is incumbent upon the Board of directors to manage the affairs of and administer the resources of the Trust.
When at least 3 members of the Board of Directors are present, this is deemed to constitute a necessary quorum. By a tied decision of the Board of Directors, the Chairman's vote is to be considered as decisive. The activities of the Board of Directors are to be noted in the minutes of the meeting and this must be signed by both the Chairman and Secretary.
According to need, and to accomplish the aims of the Trust, project teams are to be formed. Each project team is to choose its own management group, take upon itself a specific task and organise ist activities within the framework of the constitution.
Both of the Financial controllers are elected for the duration of two years by the general members meeting. They must not belong to the Board of Directors. They must check the books and finances before the AGM and this report must be presented to same.
The Calendar year is to be taken as the business year of the Trust.
Usage of Funds
Any surplus funds of the association must only be used for purposes as laid out in its statutes. The members are not to receive any money from the Trust's Funds. Members of the Trust can have any incurred expenses reimbursed on application and with proof of same. No person can be rewarded for any costs involved, which are not in keeping with the aims of the Trust nor for any excessively large remuneration. In the event of expulsion from the Trust or dissolution of the Trust, no member can have any financial or material claim on the Trust.
Dissolution of the Trust Fund
A resolution to wind up the Trust needs a majority of two thirds of the members present, whereby at least two thirds of all the Trust members must be in attendance. If the general members meeting is not in a position to ratify this proposal, then a second meeting must be called within one calendar month of said meeting. The resolution to wind up the Trust can now be ratified with a simple majority.
Special mention should be made of the fact, that in the case of the winding up or the annulment of the Trust, or by the loss of taxation exemption privileges, the entire assets of the Trust are to be made over to the town of Zerbst/Anhalt. It is stipulated that the town of Zerbst/Anhalt must use these assets exclusively and directly for non profit purposes in compliance with the relevant legislation. The town of Zerbst will be obliged to administer the said assets in accordance with best practise in the care of Monuments and Habitat.
Acceptance of the Charter
The revision of the statutes of the association Schloss Zerbst e. V. was decided on at the annual general meeting in Zerbst/Anhalt on the 11th of March 2011.
This update of the statutes shall come into force as soon as it has been entered into the register of the association.