In 2016, the German Bundestag unanimously decided to establish the Foundation. In January 2017, the members of the Board of Trustees received their letters of appointment from the then Federal President Joachim Gauck.
Find out more here – on the basis of the statutes and the Establishment Act – about the aims and purpose of the Bundeskanzler-Helmut-Schmidt-Stiftung.
Statutes of the Bundeskanzler-Helmut-Schmidt-Stiftung
Note: For reasons of readability, the simultaneous use of male and female language forms has been omitted. All personal designations apply equally to all genders.
In accordance with section 4 of the Act on the Establishment of the Bundeskanzler-Helmut-Schmidt-Stiftung of 13 October 2016 (Federal Law Gazette 2016 Part I No. 49, p. 2358 ff.), the Foundation has adopted the following Statutes:
§ 1
Organs of the Foundation
The organs of the Foundation are
- the Board of Trustees (Kuratorium),
- the Executive Board (Vorstand).
§ 2
Board of Trustees
(1) The Board of Trustees consists of six members who are appointed by the Federal President for a term of five years. At the time of their appointment or reappointment, members of the Board of Trustees must not yet have reached the age of 75. This may be deviated from only once, and only in duly justified exceptional cases, when a member of the Board of Trustees is reappointed.
(2) The Board of Trustees elects from among its members the Chair and the Deputy Chair of the Board of Trustees.
(3) The office of a member of the Board of Trustees ends upon expiry of the term of office. In such cases, at the request of the Chair of the Board of Trustees, the member remains in office on an acting basis until a successor is appointed. The office also ends upon death or resignation, which is possible at any time. A member of the Board of Trustees who has left must be replaced without delay. The removal of a member of the Board of Trustees for good cause by the Federal President, upon application by the Board of Trustees, is permissible. Such an application must be adopted by the Board of Trustees unanimously, excluding the voting right of the member concerned. The member concerned should be heard beforehand.
(4) Until a new Board of Trustees is appointed by the Federal President, the incumbent Board of Trustees remains in office on an acting basis.
(5) Individual powers vested in the Board of Trustees as the highest service authority may be delegated by it to the Executive Board. Decisions of the Board of Trustees on matters of public service law shall be implemented by the Chair of the Board of Trustees.
§ 3
Tasks of the Board of Trustees
The Board of Trustees shall in particular decide on
- all fundamental matters that fall within the remit of the Foundation, in particular:
- the main areas of the Foundation’s work within the meaning of section 2 (1) of the Act,
- agreements on cooperation with other national and international institutions,
- regulations governing the use of the Foundation’s facilities;
- exceptional measures that go beyond the usual scope of day-to-day business;
- the appointment and removal of the two honorary members of the Executive Board;
- the election of the Chair of the Executive Board;
- the appointment of the members of the International Advisory Board;
- the conclusion and termination of permanent employment contracts from pay group 13 TVöD upwards;
- the adoption of the annual financial and economic plan, the annual financial statements and the annual report;
- the approval (Entlastung) of the Executive Board.
§ 4
Resolutions of the Board of Trustees
(1) Resolutions of the Board of Trustees are generally adopted in meetings. The Board of Trustees shall be convened by the Chair (in the event of his or her prevention by the Deputy Chair of the Board of Trustees), as required but at least once a year, specifying the agenda and giving four weeks’ notice. Meetings must also be convened if at least three members of the Board of Trustees or at least two members of the Executive Board – one of them being the Managing Director – request this in writing, stating the reasons.
(2) The Board of Trustees has a quorum if, following due invitation, at least four members of the Board of Trustees are personally present or represented by their respective deputies, including the Chair or the Deputy Chair of the Board of Trustees. In addition to the ordinary member, the deputy may attend the meeting of the Board of Trustees in an advisory capacity. Any defects in the invitation shall be deemed remedied if all members are present or represented and no one objects.
(3) The Board of Trustees shall adopt its resolutions, unless otherwise stipulated by law, by a simple majority of the votes cast. In the event of a tie, the Chair of the Board of Trustees, or in his or her absence the Deputy Chair, shall have the casting vote.
(4) Resolutions by way of written or telegraphic circulation procedure are permissible if the matter is so urgent that it cannot be postponed until the next meeting of the Board of Trustees and if more than half of the members of the Board of Trustees take part in the vote. If at least five members object to this procedure within a period of two weeks, the Chair shall place the item on the agenda of the next meeting.
(5) The members of the Executive Board and representatives of the supervisory authority have the right to attend meetings of the Board of Trustees with the right to speak but without voting rights. Further details may be regulated by rules of procedure adopted by the Board of Trustees.
(6) Minutes shall be taken of the meetings of the Board of Trustees, in particular of the resolutions. These shall be signed by the minute-taker and the Chair of the Board of Trustees. The minutes shall be brought to the attention of all members of the Board of Trustees, the Executive Board and the supervisory authority.
§ 5
Executive Board
(1) The Executive Board consists of two honorary members and the Managing Director, who is a member of the Executive Board by virtue of his or her office. At the time of their appointment or reappointment, members of the Executive Board must not yet have reached the age of 75. This may be deviated from only once, and only in duly justified exceptional cases, when a member of the Executive Board is reappointed.
(2) The honorary members of the Executive Board are appointed by the Board of Trustees for a term of five years. They may be reappointed once; any further exception may be decided by a two-thirds majority of the Board of Trustees. The Chair of the Board of Trustees, or in his or her absence the Deputy Chair of the Board of Trustees, shall in due time obtain the binding proposal of the supervisory authority for one of the honorary members of the Executive Board and the binding proposal of the Helmut and Loki Schmidt Foundation for the other (cf. section 7 of the Act on the Establishment of the Bundeskanzler-Helmut-Schmidt-Stiftung).
(3) The Board of Trustees shall appoint the Chair of the Executive Board and his or her deputy. The Board of Trustees may temporarily assign the powers of the Managing Director to one of the honorary members of the Executive Board on an acting basis if this position is currently vacant or if the member of the Executive Board who also serves as Managing Director is prevented from acting.
(4) The office of the honorary members of the Executive Board ends upon expiry of the term of office. In such cases, they remain in office on an acting basis until a successor is appointed. The office also ends upon death or resignation, which is possible at any time. The removal of a member of the Executive Board for good cause by the Board of Trustees is permissible. This requires the consent of the respective external institution entitled to nominate (cf. paragraph 2 above). The member of the Executive Board concerned should be heard beforehand. A member of the Executive Board who has left must be replaced by the Board of Trustees without delay.
§ 6
Tasks of the Executive Board
(1) The management of the Foundation (in particular the preparation and implementation of the resolutions adopted by the organs of the Foundation and the conduct of day-to-day business) is the responsibility of the member of the Executive Board who, in addition, acts as Managing Director of the Foundation, thereby exercising a dual function. The Managing Director is bound by the resolutions of the Executive Board and accountable to it. In carrying out his or her duties, this member of the Executive Board is exempt from the restrictions of section 181 of the German Civil Code (Bürgerliches Gesetzbuch – BGB). He or she is the line manager of the Foundation’s staff.
(2) The Executive Board implements the resolutions of the Board of Trustees. Its tasks include, in particular, the judicial and extrajudicial representation of the Foundation. Any two members of the Executive Board, one of them being the Managing Director, are jointly authorised to represent the Foundation.
(3) The Executive Board decides on the conclusion and termination of employment contracts with employees of the Foundation up to and including pay group 12 TVöD.
(4) The Managing Director is authorised to conclude contracts that impose obligations on the Foundation beyond the current financial year, provided that their value does not exceed €50,000 in each individual case.
(5) The Executive Board may, in agreement with the Board of Trustees, adopt rules of procedure for itself. The same applies to amendments to the rules of procedure.
§ 7
Resolutions of the Executive Board
(1) Resolutions of the Executive Board are generally adopted in meetings. The Executive Board shall be convened by the Chair (in the event of his or her prevention by the Deputy Chair) as required but at least twice a year, specifying the agenda and giving four weeks’ notice. Meetings must also be convened if the two other members of the Executive Board so request.
(2) The Executive Board has a quorum if, following due invitation, at least two members of the Executive Board – one of them being the Managing Director – are present. Any defects in the invitation shall be deemed remedied if all members are present or participate in the adoption of resolutions and no one objects. If there is particular urgency or necessity, the Executive Board may also adopt resolutions using telecommunications facilities, provided that all members of the Executive Board participate and the identity of the participants in the adoption of resolutions can be clearly established. The Executive Board adopts its resolutions by a majority of its members.
(3) Minutes shall be taken of the meetings and resolutions of the Executive Board and signed by the Chair of the Executive Board. The minutes shall be brought to the attention of the Chair of the Board of Trustees and the supervisory authority.
§ 8
International Advisory Board
(1) The International Advisory Board consists of at least nine and at most fifteen honorary members, half of whom should be of non-German nationality. At the time of their appointment or reappointment, members of the Advisory Board should not yet have reached the age of 70; up to two exceptions are permissible.
(2) The members of the International Advisory Board are appointed by the Board of Trustees for a term of five years each. They may be reappointed once.
(3) The members of the Advisory Board elect from among their number a Chair and a Deputy Chair.
(4) The office of a member of the Advisory Board ends upon expiry of the term of office. If, by the departure of a member of the Advisory Board, the number of members or the quota referred to in paragraph 1 is no longer met, the member shall, at the request of the Chair of the Board of Trustees, remain in office on an acting basis until a successor is appointed. The office also ends upon death or resignation, which is possible at any time. The removal of a member of the Advisory Board for good cause by the Board of Trustees is permissible. The member concerned should be heard beforehand. A removed member of the Advisory Board shall be replaced by the Board of Trustees.
§ 9
Tasks of the International Advisory Board
(1) The International Advisory Board advises the Board of Trustees and the Executive Board in fulfilling the Foundation’s purpose.
(2) The International Advisory Board shall meet at least once a year. The Chair of the International Advisory Board (in the event of his or her prevention, the Deputy Chair) shall convene the meeting in agreement with the Chair of the Board of Trustees, giving at least three months’ notice, and shall chair it. If a majority of the members of the Advisory Board requests in writing that a meeting of the International Advisory Board be convened, the Chair is obliged to do so. The Chair of the Board of Trustees, the members of the Executive Board and the authority responsible for supervision have the right to attend the meetings.
(3) The Board of Trustees may adopt rules of procedure for the International Advisory Board.
§ 10
Members of the bodies, duty of confidentiality, reimbursement of expenses
(1) A person may belong to only one of the bodies mentioned (Board of Trustees, Executive Board, International Advisory Board). Employees of the Foundation, with the exception of the Managing Director, may not belong to these bodies.
(2) The members of the Board of Trustees, the Executive Board and the International Advisory Board as well as the staff of the Foundation are obliged to maintain confidentiality with regard to confidential matters.
(3) The Foundation shall reimburse the necessary expenses of the honorary members of the Board of Trustees, the Executive Board and the International Advisory Board in accordance with the provisions of the Federal Government on the compensation of members of advisory councils, committees, commissions and similar bodies in the federal administration.
§ 11
Audit of the accounts
The accounts (sections 80 et seq. in conjunction with section 105 of the Federal Budget Code) as well as the budgetary and economic management of the Foundation shall, without prejudice to an audit by the Federal Court of Audit pursuant to section 111 of the Federal Budget Code, be audited by the Federal Office of Administration.
§ 12
Right to appoint civil servants
(1) Pursuant to section 11 (3) of the Act on the Establishment of the Bundeskanzler-Helmut-Schmidt-Stiftung, the Foundation is granted the right to employ civil servants.
(2) In matters of civil service law, the Board of Trustees is the highest service authority of the Bundeskanzler-Helmut-Schmidt-Stiftung.
§ 13
Fees
(1) Fees may be charged for the use of the Foundation’s facilities (except for official use).
(2) The Executive Board shall determine the fee tatbestände (chargeable facts) and the respective fee rates in a schedule of fees in accordance with section 3 and the principles of the Federal Fees Act.
(3) The schedule of fees shall be made known by posting.
(4) The use of materials of the Bundeskanzler-Helmut-Schmidt-Stiftung for scholarly and journalistic publications of any kind (printed matter, images, film and sound recordings) shall generally be permitted only if the user undertakes to provide the Foundation, without request and free of charge, with a complimentary copy and to acknowledge the support of the Bundeskanzler-Helmut-Schmidt-Stiftung in the publication; exceptions shall be decided by the Executive Board.
§ 14
Non-profit status
The Foundation pursues directly and exclusively charitable purposes within the meaning of the chapter “Tax-privileged purposes” of the German Fiscal Code (Abgabenordnung). The Foundation acts selflessly; it does not primarily pursue its own economic purposes. The Foundation’s funds may only be used for the purposes set out in these Statutes. No person may be favoured by expenditures that are unrelated to the purpose of the Foundation or by disproportionately high remuneration.
§ 15
Official seal
The design of the official seal shall be determined by the Board of Trustees; the resolution requires the consent of the supervisory authority specified in section 10 (1) sentence 1 of the Act on the Establishment of the Bundeskanzler-Helmut-Schmidt-Stiftung.
§ 16
Financial year
The financial year is the calendar year.
§ 17
Entry into force
These Statutes shall enter into force on the day they are approved by the supervisory authority specified in section 10 (1) sentence 1 of the Act on the Establishment of the Bundeskanzler-Helmut-Schmidt-Stiftung.
Act on the Establishment of a Bundeskanzler-Helmut-Schmidt-Stiftung
of 13 October 2016
The Bundestag has adopted the following Act:
§ 1
Legal form of the Foundation
Under the name “Bundeskanzler-Helmut-Schmidt-Stiftung”, a public-law foundation with legal capacity and its seat in Hamburg is hereby established. The Foundation comes into existence upon the entry into force of this Act.
§ 2
Purpose of the Foundation
(1) The purpose of the Foundation is to preserve the memory of Helmut Schmidt’s political work for freedom and unity of the German people, for peace and the unification of Europe, as well as for understanding and reconciliation among nations, and thus, in his spirit,
- to contribute to an understanding of contemporary history and the further development of the Federal Republic of Germany, and
- to contribute to the analysis, presentation and further development of Germany’s responsibility in foreign, security and economic policy in the European and global context;
- to deepen and broaden knowledge about the geopolitical and economic challenges of the 21st century in Europe and worldwide.
(2) The following measures in particular serve to fulfil this purpose:
- the establishment and operation of a Helmut Schmidt Centre as a publicly accessible place of remembrance in Hamburg, which, within the framework of the Foundation’s purpose, sets up and maintains a permanent contemporary history exhibition, organises special exhibitions and events, and offers opportunities for academic work,
- the maintenance, operation and use of the residence of the Schmidt couple in Hamburg-Langenhorn as an authentic historical site, as well as for appropriate public use in line with the Foundation’s purpose,
- regular activities such as the organisation and implementation of events in the capital Berlin and at locations other than the Foundation’s seat,
- research and the promotion of academic work and publications in line with the Foundation’s purpose, in particular taking into account future-oriented issues,
- the promotion of cooperation with other national and international institutions, insofar as this serves the Foundation’s purpose.
(3) The fulfilment of the Foundation’s purpose also includes the preservation and evaluation of the existing Helmut Schmidt archive in the house of the Schmidt couple in Hamburg-Langenhorn as well as the creation of the conditions for its public use. In archival matters, the Foundation cooperates with the Friedrich-Ebert-Stiftung e. V. and the Federal Archives.
§ 3
Foundation’s assets
(1) The Foundation’s assets consist of those movable and immovable assets that the Federal Republic of Germany acquires for the purposes of the Foundation.
(2) The Foundation is entitled to accept contributions from third parties.
(3) To fulfil the Foundation’s purpose, the Foundation receives an annual grant from the Federal Government in accordance with the respective Federal Budget Act.
(4) Income from the Foundation’s assets and other revenues may be used only in accordance with the Foundation’s purpose.
§ 4
Statutes
The Foundation shall adopt Statutes, which must be adopted by the Board of Trustees (Kuratorium) with a two-thirds majority of its members and shall require the approval of the highest federal authority competent for culture and the media. The same applies to amendments to the Statutes.
§ 5
Organs of the Foundation
The organs of the Foundation are
- the Board of Trustees (Kuratorium),
- the Executive Board (Vorstand).
§ 6
Board of Trustees
(1) The Board of Trustees consists of six members who are appointed by the Federal President for a term of five years.
(2) The Federal President, the highest federal authority competent for culture and the media, the Friedrich-Ebert-Stiftung e. V. and the ZEIT-Stiftung Ebelin und Gerd Bucerius each have binding rights of nomination for one member of the Board of Trustees. The Board of Trustees of the Helmut und Loki Schmidt-Stiftung has binding rights of nomination for two members of the Board of Trustees. For each member, a deputy shall be appointed. Reappointment is permissible.
(3) If a member of the Board of Trustees or his or her deputy leaves office prematurely, the successor may be appointed only for the remainder of the term for which the member or deputy was appointed.
(4) The Board of Trustees elects from among its members a Chair and a Deputy Chair.
(5) The Board of Trustees decides on all fundamental questions that fall within the remit of the Foundation. It supervises the activities of the Executive Board. Further details shall be laid down in the Statutes.
§ 7
Executive Board
(1) The Executive Board consists of three members, who are appointed by the Board of Trustees with a two-thirds majority of its members.
(2) The Board of Trustees elects the Chair of the Executive Board.
(3) Two members of the Executive Board work on an honorary basis; the third member is the Managing Director. The Managing Director works in this capacity on a part-time (additional) basis. The highest federal authority competent for culture and the media and the Board of Trustees of the Helmut und Loki Schmidt-Stiftung each have binding rights of nomination for one honorary member.
(4) If an honorary member of the Executive Board leaves office, he or she shall remain in office on an acting basis until a successor has been appointed.
(5) The Executive Board implements the resolutions of the Board of Trustees and manages the Foundation’s affairs. It represents the Foundation in and out of court.
(6) Further details shall be laid down in the Statutes.
§ 8
International Advisory Board
(1) To advise the Board of Trustees and the Executive Board in fulfilling the Foundation’s purpose, an International Advisory Board may be appointed. The members of the Advisory Board work on an honorary basis.
(2) The Advisory Board consists of not more than 15 members, who are appointed by the Board of Trustees for a term of five years each, taking into account the Foundation’s purpose. Reappointment is permissible.
(3) The members of the Advisory Board elect from among their members a Chair. The Chair convenes the meetings of the Advisory Board in agreement with the Chair of the Board of Trustees and chairs them.
§ 9
Secondary and honorary activities
The members of the Board of Trustees and of the Executive Board work, insofar as they are not engaged on a part-time (additional) basis, on an honorary basis.
§ 10
Supervision, budget, legal review
(1) The Foundation is subject to the legal supervision of the highest federal authority competent for culture and the media. In performing its tasks, the Foundation is supported by the Federal Archives; the nature and scope of this support shall be determined by the highest federal authority competent for culture and the media in agreement with the Board of Trustees and with the Helmut Schmidt Archive in the Archive of Social Democracy of the Friedrich-Ebert-Stiftung e. V.
(2) The provisions applicable to the federal administration shall apply mutatis mutandis to the budgetary, cash and accounting system and the financial reporting of the Foundation.
§ 11
Employees
(1) The Foundation’s business is generally carried out by employees.
(2) The collective agreements and other provisions applicable to employees of the Federal Government shall apply to the employees of the Foundation.
(3) The Foundation may, by provision in its Statutes, be granted the right to employ civil servants.
§ 12
Fees
To cover administrative costs, the Foundation may charge fees and expenses for the use of the Foundation’s facilities, as further specified in the Statutes.
§ 13
Official seal
The Foundation shall use an official seal.
§ 14
Entry into force
This Act shall enter into force on 1 January 2017.
The constitutional rights of the Bundesrat have been preserved. The foregoing Act is hereby executed. It shall be promulgated in the Federal Law Gazette.
Berlin, 13 October 2016
The Federal President
Joachim Gauck
The Federal Chancellor
Dr Angela Merkel