The most important task of the Foundation is maintaining and caring for the memorial sites commemorating the history of the Reformation in Lutherstadt Wittenberg, Lutherstadt Eisleben and the City of Mansfeld. The Foundation administers the historic buildings, museums and collections and makes them available to the public.
Furthermore, the Foundation preserves the heritage of the Reformation and presents it to a broad audience, and promotes research and instruction in the field of the Reformation and of its history.
Charter of the Luther Memorials Foundation
A)
Resolution by the State Government on 18 March 1997 regarding ‘the establishment of the Luther Memorials Foundation of Saxony-Anhalt’ in conjunction with Section 24 (2) Sentence 2 of the Law on Foundations [Stiftungsgesetz] in the version dated 1 January 1997 (Gazette of Laws and Ordinances for the State of Saxony-Anhalt [GVBl. LSA] pages 2, 144). Published on 21 May 1997 (Ministerial Gazette of the State of Saxony-Anhalt [MBl. LSA] no. 22/1997 dated 21 May 1997, page 962).
B)
Charter published on 21 May 1997 (Ministerial Gazette of the State of Saxony-Anhalt [MBl. LSA] no. 22/1997 dated 21 May 1997, pages 962–965), last amended by publication on 16 October 2015 (Ministerial Gazette of the State of Saxony-Anhalt [MBl. LSA] no 40/2015)
Charter of the Luther Memorials Foundation of Saxony-Anhalt
Article 1
Name, legal form and registered office
(1) The Luther Memorials Foundation of Saxony-Anhalt is a foundation under public law.
(2) The registered office of the Foundation is in Lutherstadt Wittenberg.
Article 2
Purpose of the Foundation, non-profit status
(1) The purpose of the foundation is to maintain and preserve the memorial sites commemorating the history of the Reformation, particularly in Lutherstadt Wittenberg and Lutherstadt Eisleben – designated as UNESCO World Cultural Heritage sites since 1996 – and in the City of Mansfeld, as well as to protect, present and communicate the heritage of the Reformation, and to promote research and instruction in the field of the Reformation and its history. The Foundation administers sites, museums and their collections related to the history of the Reformation. These are to be made accessible to the public. The Foundation is to achieve its objectives in particular by:
- Maintaining the structural integrity of each site
- Protecting and expanding its collections
- Carrying out conferences and symposia
- Organising exhibitions
- Providing a range of cultural education programmes
- Publishing various publications
- Collaborating with national and international organisations dedicated to researching the Reformation, as well as with churches
The Foundation strives to cooperate closely with the ‘Leucorea’ Foundation at the Martin Luther University of Halle-Wittenberg and with other state-supported institutions in all suitable areas.
(2) In pursuing its objectives, the Foundation shall account for the dedication of buildings and parts of buildings.
(3) The Foundation shall exclusively and directly pursue non-profit-making activities as set out in the German Tax Code [Abgabenordnung].
Article 3
Foundation assets
(1) The Foundation assets comprise the following properties: the Luther House including the Augusteum and the Melanchthon House including the gate house and exhibition building in Wittenberg, Luther’s Birthplace including the Luther Charity School and exhibition building and Luther’s Death House including the exhibition building in Eisleben, Luther's Parental Home including the exhibition building and statutory fixtures/accessories, collections and other inventory that the State of Saxony-Anhalt has acquired, and any other assets transferred to the Foundation by the Cities of Wittenberg, Eisleben and Mansfeld and the churches with the purpose of increasing the assets of the Foundation.
(2) The Foundation may accept donations with the consent of the Foundation Authority [Stiftungsbehörde].
(3) The Foundation must manage its assets in compliance with statutory requirements and the founders’ desires as expressed in the deed of foundation and in the charter in accordance with the rules of proper management. They shall be managed for the purpose of ensuring the sustainable and long-term fulfilment of the objectives of the Foundation. In the event that individual items belonging to the Foundation should be sold, the Board of Trustees is obligated to direct the proceeds to the Foundation’s assets.
Article 4
Foundation funds
The Foundation receives the funds necessary for achieving its objectives from:
(1) Revenues from the Foundation's assets, fees, charges and donations
(2) Funding from the State of Saxony-Anhalt, Lutherstadt Wittenberg, Lutherstadt Eisleben and the City of Mansfeld, the level of which is it be determined in special agreements
(3) Funding in particular from the Federal Republic of Germany and participating churches
Article 5
Executive bodies
The executive bodies of the Foundation are the Board of Trustees and the Chairperson.
Article 6
Board of Trustees
(1) The Board of Trustees comprises:
- one member appointed by the Ministry of Culture of the State of Saxony-Anhalt
- one member appointed by the Ministry of Finance of the State of Saxony-Anhalt
- one member appointed by Lutherstadt Eisleben
- one member appointed by Lutherstadt Wittenberg
- one member appointed by the City of Mansfeld
- one member appointed by the Federal Republic of Germany
- one member appointed by the Evangelical Church in Central Germany [EKM]
- one member appointed by the Evangelical Church in Germany [EKD]
- one member from the field of academia and research appointed by the Theological Faculty of Martin Luther University of Halle-Wittenberg
- as many as two additional supporting members can be appointed at the recommendation of the Board of Trustees to a four-year term by the Chairperson of the Board of Trustees
A deputy must be appointed for each member by the organisation responsible for the appointment of the member in question.
(2) The Chairperson of the Board of Trustees is the member appointed by the Ministry of Culture. The Deputy Chairperson is the member appointed by the Federal Republic of Germany.
(3) The activities of the Board of Trustees are carried out in an honorary capacity and are not remunerated.
(4) Resolutions of the Board of Trustees are passed with a simple majority of votes cast. In the event of a tie, the Chairperson’s vote shall be the deciding vote. The Board of Trustees constitutes a quorum if more than half of its members as set out in its Charter or their deputies, including the Chairperson or their deputy pursuant to Paragraph 1 Sentence 2, are present.
(5) The Board of Trustees is convened in writing by the Chairperson along with the agenda, meeting documentation and draft resolutions. The invitation period shall be three weeks. The Chairperson of the Board of Trustees can commission the Chairperson to invite the members of the Board of Trustees to meetings in his/her name and on his/her behalf and to send out the meeting documentation with the draft resolutions.
(6) A working group is utilised to prepare for the meetings of the Board of Trustees.
(7) The details are regulated by the Terms of Reference of the Board of Trustees.
Article 7
Tasks of the Foundation
(1) The Board of Trustees shall decide on all matters that are of fundamental importance for the Foundation, insofar as they have not been transferred to the Chairperson. In particular, the Board of Trustees shall decide on:
- The budget of the Foundation
- The Charter of the Foundation and the Terms of Reference of the Board of Trustees
- The appointment of the Director as Chairperson and the conclusion/extension of the employment contract with the Director
- The revocation of the appointment of the Director, termination of the employment contract with the Director, and any other labour law matters related to the Director
- The appointment and assignment to higher groups of employees as of payment group E 13 TV-L
- Asset and property matters, in particular the sale or encumbrance of assets and/or property that is of significance to the achievement of the Foundation’s objectives
- The utilisation of surpluses from the Foundation that would be suitable for reserves
- Ratification of the acts of the Chairperson on the basis of the audit findings
- The acceptance of donations
- The appointment of members of the Academic Advisory Board
Resolutions of the Board of Trustees pursuant to Nos. 1 to 9 require the approval of the members of the Board of Trustees specified in Section 6 (1) Nos. 1-8.
(2) The Board of Trustees monitors the implementation of its resolutions pursuant to Paragraph 1, in particular through regular reporting by the Chairperson to the Board of Trustees.
(3) The details, in particular the division of tasks between the Board of Trustees and the Chairperson, are regulated by the Terms of Reference of the Board of Trustees.
Article 8
Chairperson
(1) A Director is appointed by the Board of Trustees to serve as the Chairperson of the Foundation.
(2) The appointment shall be for a maximum term of five years.
(3) The position is to be advertised internationally. A reappointment and extension of the contract of employment for an additional five years is possible one time only without advertising the position to the public.
(4) The Chairperson leads the Foundation, carries out the resolutions of the Board of Trusties pursuant to Section 7 (1) and prepares the meetings of the Board of Trustees. The Chairperson exercises their personnel authority and serves as the legal representative of the Foundation in both judicial and extra-judicial matters.
Article 9
Academic Advisory Board
(1) The Board of Trustees and the Chairperson are supported in the execution of their duties by the Academic Advisory Board. This Board comprises as many as ten members. Individuals with outstanding academic achievements in the field of research into the Reformation, with extraordinary knowledge and experience in promoting the objectives of the Foundation as set out in Section 2 or who have distinguished themselves in the field of historic preservation may be appointed by the Board of Trustees to the Academic Advisory Board.
(2) The members of the Academic Advisory Board are appointed to four-year terms by the Board of Trustees.
(3) The activities of the Academic Advisory Board are carried out in an honorary capacity.
(4) The details are regulated by the Terms of Reference of the Board of Trustees.
Article 10
Employees
(1) With regard to the service and employment relations for employees of the Foundation, agreements are to be reached that are in compliance with the regulations pertaining for employees of the State of Saxony-Anhalt covered by the collective agreement.
(2) With the consent of the Board of Trustees, it is also possible to conclude agreements with individual employees that are not in compliance with the regulations stipulated under Paragraph 1.
(3) Positions that are open and cannot be filled internally are to be advertised publicly; as of payment group E 13 TV-L they must be advertised state-wide at a minimum.
Article 11
Official seal
The Foundation has an official seal bearing the Luther rose and the name of the Foundation.
Article 12
Amendments to the Charter
Any change to the Charter requires the approval of the members of the Board of Trustees specified in Section 6 (1) Nos. 1-8 and the approval of the Foundation Authority [Stiftungsbehörde].
Article 13
Budgetary and financial management; financial auditing
(1) With regard to the Foundation’s budgeting, cash management, accounting and invoicing, the regulations governing state administration shall apply accordingly.
(2) Pursuant to Section 111 (1) of the State Budgetary Code [LHO], the Court of Audit of the State of Saxony-Anhalt shall audit the budgetary and economic management of the Foundation and the proper use of funding.
(3) The annual financial statement will be audited by the Court of Audit in accordance with Section 109 (2) of the State Budgetary Code [LHO].
Article 14
Dissolution of the Foundation and restoration of assets
(1) A resolution involving the voluntary dissolution of the Foundation requires the approval of the members of the Board of Trustees in accordance with Section 6 (1) Nos. 1-8. and the approval of the Foundation Authority [Stiftungsbehörde].
(2) In the event that the Foundation should be dissolved, or that its purpose to date should be abrogated, the assets of the foundation shall be restored to the parties from whence they came.
(3) All other assets shall become the property of the State.
Article 15
Oversight of the Foundation
The Foundation Authority [Stiftungsbehörde] is the Ministry of Culture of the State of Saxony-Anhalt.
Article 16
Entry into force
The Charter shall take effect on the day following its publication in the Ministerial Gazette of the State of Saxony-Anhalt [MBl. LSA].
