Foundation Charter

English Translation


Preamble

Facing the imminent loss of Tibetan culture, philosophy, literature, science and religion, the Foundation is to be contributing to the preservation and propagation of Traditional Tibetan Medicine (TTM). In particular, the continuity of the holistic Tibetan healing sciences in their theory and their practice, as well as in their philosophy, and in its closely connected spirituality as a complete system in the Yuthok Nyingthig Transmission Lineage, is to be protected.


§ 1 Name, Legal Form, Registered Office, Accounting Year

  1. The foundation bears the name “Internationale Stiftung Sorig Khang”.
  2. The foundation is an incorporated foundation of civil law.
  3. The registered office of the foundation is in Heidelberg.
  4. The accounting year is the calendar year.


§ 2 Purpose Of The Foundation

  1. The purpose of the foundation is the promotion of science and research, of religion, art and culture, the public health system and health care and the promotion of education, national education and occupational training, particularly in connection with Traditional Tibetan Medicine.
  2. The mission in the home country and in foreign countries is achieved through the promotion of projects, which imply the preserving, studying, researching, imparting and practicing TTM, as well as its surrounding fields of knowledge, such as subtle anatomy, astrology, Buddhist philosophy, logic, and debate, with emphasis on the Yuthok Nyingthig, the spiritual practice which traces back to the founder of the Sowa Rigpa (TTM), Yuthok Yontan Gonpo; furthermore through:
    1. the instruction, attendance and promotion of persons, e.g. through scholarships, which feel obligated to and responsible for science and the foundational philosophy of TTM;
    2. The collection, translation, recovery and archival storage of texts with regards to statutable tasks, respectively corresponding objects for practice or works of art, as well as the development and implementation of didactic and methodical concepts for instruction of these teachings to interested parties;
    3. the coordination, organization and realization of events like e.g. seminars lectures, symposiums, study groups, exhibitions and study trips about TTM, this can also include:
      1. the registration and evaluation of statutable activities and if needed the documentation of participants;
      2. the creation, distribution and marketing of specialized texts, educational Material, study material as well as practice utensils, e.g. instruments of TTM;
      3. the further development and establishment of academic teaching units for the purpose of education, qualification and training for physicians, psychologists, therapists and further in TTM interested parties;
    4. the cooperation with sources of knowledge of TTM, facilities, institutions and organizations, which are interested in the educa'on within the TTM;
    5. the cooperation with experts, educational institutions, medical facilities and organizations, which serve the preservation, development and advancement of contents of the TTM;
    6. the foundation and administration of facilities for the mission, e.g. education institutions, trading, producing and manufacturing facilities, companies for instance publishing houses and medical facilities, including hospitals. The mission facilities have to provide directly or indirectly to the statutable purposes;
    7. the acquisition, building, reconstruction and maintenance as well as the advancement of real estate, insofar as they serve the implementation of statutable tasks;
    8. the advancement of charitable and social facilities/centers, educational centers, buddhist monasteries and buddhist art, including architecture, insofar as this is possible while meeting the requirements of § 58 Nr. 1 and 2 general tax code and it corresponds with the statutable assignments.


§ 3 Benefit To The Public

The foundation aims exclusively and directly at charitable objectives in terms of the article “tax privileged purposes" of the general tax code.

The foundation is operating altruistically and does not primarily follow purposes of commercial viability. No person is to benefit from expenditures that are not in accordance with the mission of the foundation or from disproportionately high compensation or other kinds of assets. The beneficiary of the foundation has no legal claim to benefits by the foundation due to this statutes.

The foundation can consult auxiliary domestic and foreign persons in order to realize its mission.


§ 4 Permanent Assets and Disposable Assets of the Foundation

  1. The foundations basic assets derives from the foundations business. It has to be preserved undiminished in its stock.
  2. The foundation can receive any kind of assets contributions in form of donations and/or endowment contributions, e.g. cash, other assets, real estate, securities as well as shareholdings of corporations and partnerships or the usufruct of them.
  3. Contributions from third persons, which are destined for that endowment contributions accrue to the foundations basic assets. Contributions on the basis of a disposition upon death can be added to the basic assets, if the testator did not explicitly prescribe that the contribution is to be used for the current expenditure to the fulfillment of the foundations mission.
  4. The foundation fulfills its purposes
    1. using revenue from the permanent assets of the foundation,
    2. using contributions as far as they are not explicitly designated to increase the permanent assets of the foundation by the granting authority (donations).
  5. Disposable assets of the foundation can only be used for statutory purposes. They have to be generally used in a timely manner for the realization of the foundation’s mission.
  6. In accordance with the tax law regulations reserves can be built. In order to retain the value of the permanent assets of the foundation a part of the revenue should be allocated to free reserves or the permanent assets, as far as the tax law regulations allow.


§ 5 Bodies Of The Foundation

Bodies of the Foundation are

  1. the board of directors,
  2. the management
  3. and the advisory board.

Expenditures and expenses will be refunded for the members of the board of directors, the management and the advisory board. The payment of a standardized expense allowance and a standardized refund of expenditures is acceptable. Through resolution of the board of directors persons who are active for the foundation including the bodies of the foundation can be allowed an adequate flat-charge for compensation for expenditure time. For the determination of this reimbursement the economic and financial conditions of the foundation have to be considered; it must match the tax-privileged purposes.


§ 6 Board Of Directors

  1. The board of directors conducts the business of the foundation, represents it legally and extrajudicial and has the position of a legal representative. Upon request, it will be supported by a management, consisting of up to three executive directors with notarial general power of attorney, as well as if applicable additional project-specific executive directors with project-related special power of attorney.
  2. The board of directors has a first chairman and a first deputy chairman. The members of the board of directors are each individually under waiver of § 181 BGB authorized to represent. The appointment of particular representatives according to §§ 86, 30 BGB is furthermore acceptable. The first chairman is solely authorized in all internal affairs.
    1. The mandate of the members of the board of directors end with resignation or death.
      1. At the end of the mandate of the first chairman, the first deputy chairman succeeds.
      2. At the end of the mandate of the first deputy chairman, the first chairman names a successor within a time frame, appropriate to the concern. In the meantime he carries on the business alone.
      3. With coincidental conclusion of the mandate of both chairman, the advisory board names the first chairman within one year - according to § 7 para. 4. In the meantime the advisory board carries on the business ( § 7 para. 4. c.)
    2. The first chairman names and recalls a first deputy chairman.
    3. The first chairman names and recalls the executive directors.
    4. The first chairman names and recalls the members of the advisory board.
    5. The board of directors comes to its decisions through ordinary and extraordinary board meetings. Decisions are made based on simple majority of submitted votes; this applies to changes of the charter as well. In case of a tie vote the vote of the first chairman counts, in his absence the vote of the deputy chairman. Decisions can be made in writing as well.


§ 7 Advisory Board

  1. The advisory board has an advising and supporting function, as well as particular rights and duties.
  2. The advisory board consists of a chairman, a deputy chairman and minimum one more member in odd numbers. The line-up of the advisory board should reflect the scope of the foundation’s activities according to the charter.
    1. The chairman, his representative as well as the members of the advisory board are being named by the First Chairman and where required, also recalled.
    2. The mandate of the advisory board is 3 years. A repetitive appointment, also by implication is possible.
    3. The members of the advisory board can lay down their function after prior appropriate announcement.
  3. The advisory board takes part in Board of Director meetings after invitation through the Board of Directors or Management when necessary in advising vote
  4. The advisory board has the following rights and duties:
    1. The advisory board can meet if necessary in regular adivsory board meetings, which can be also organized via telefon, video-conference or comparable means if applicable and are called up by the advisory board chairman.
    2. With end of the mandate of one of the members of the board of directors and impossibility of the - according to § 6 para. 2 a. i. - remaining first chairman to name a successor (§ 6 para. 2 a. ii.), the advisory board will name a first deputy chairman within one year.
      1. The first chairman of the advisory board - or according to agreement with him, also the management - should for this reason invite the advisory board within a limit of 4 weeks to an extraordinary advisory board meeting (if applicable also phone, video-conference or comparable).
      2. The member, who was named by the advisory board can be recalled by the first chairman.
    3. With coincidental conclusion of the mandate of both chairman, the advisory board names the first chairman within one year.
      1. The first chairman of the advisory board - or according to agreement with him, also the management - should for this reason invite the advisory board within a limit of 4 weeks to an extraordinary advisory board meeting (if applicable also phone, video-conference or comparable).
      2. Until the nomination of the first chairman of the board of directors, the advisory board carries on the business. The advisory board makes its decisions by the majority, if applicable by written circulation procedure.
      3. Until the nomination of the first chairman, the first chairman of the advisory board and the deputy chairman of the advisory board take over the representation of the foundation together in joint representation.


§ 8 Amendments To The Charter

  1. The First Chairman decides upon changes to the charter. In case of change of purpose, the new purpose has to be tax-privileged according to the assignment decree as well and be very near the original purpose. Resolutions on the change of purpose of the foundation are only acceptable if the permanent and sustainable fulfillment of the foundations purpose became impossible.
  2. In case of consolidation of the foundation, the property has to be used exclusively and directly for tax-privileged purposes according to the assignment decree within the new or incorporating foundation and near to the original purpose.
  3. With coincidental conclusion of the mandate of both chairman, no changes to the charter may be undertaken, during the time the advisory board conducts the business.


§ 9 Supervision Of The Foundation

  1. The foundation is under government supervision according to limitation through the corresponding legal regulations for foundational law.
  2. Foundational authority is the Regierungspräsidium Karlsruhe.
  3. The foundational authority has to be notified about changes of address, as well as combination of bodies authorized to represent, immediately. Within 6 months after the end of each fiscal year, the foundational authority has to be provided unrequested with an annual financial statement together with a statement of assets and liabilities and a report over the fulfillment of the foundations purpose.
  4. Resolutions on changes of the charter or purpose as well as on the annulment and consolidation of the foundation need an approval of the foundational authority.


§ 10 Incurred Assets

In case of annulment or revocation of the foundation or omission of tax-privileged purposes the property goes to the Verein Ngak Mang International e.V., Germany and the Akademie für Traditionelle Tibetische Medizin e.V. (ATTM Deutschland e.V.) in equal shares, who have to use it exclusively for charitable, benevolent or churchly purposes.


§ 11 Entry Into Force

The charter comes into effect on the delivery day of the instrument of approval.