ARTICLES OF THE FPC (SEK) -TIBET FOUNDATION FOR PRESERVATION OF TIBETAN CULTURE AND FOR THE PROMOTION OF CROSS-CULTURAL EXCHANGE

 

I. Name, location, purpose, and assets of the Foundation

Art. 1. Name and location

Art. 2. Purpose

Art. 3. Asset

 

II. Organization of the Foundation

Art. 4. Bodies of the Foundation

Art. 5. Trustees and Formation

Art. 6. Constitution and supplements

Art. 7. Term of Office

Art. 8. Competencies

Art. 9. Resolution

Art. 10. Responsibilities of the foundation organs

Art. 11. Regulations

Art. 12. Auditors

 

III. Amendments and dissolution of the Foundation

Art. 13. Amendment of the Deed of Foundation

Art. 14. Dissolution

 

IV. Commercial Register

Art. 15. Commercial Register

 

 

I. Name, location, purpose and assets of the Foundation

 

Art. 1. Name and location

Under the name FPC (SEK)-TIBET Foundation for the preservation of Tibetan culture and the promotion of intercultural exchange" (FPC Tibet, Fondation pour la preservation de la culture du Tibet et pour la promotion de l'echange interculturelle) / (FPC Tibet , Foundation for the preservation of the culture of Tibet and for the promotion of intercultural exchange) an independent foundation within the meaning of Art. 80 et seq. of the Swiss Civil Code, based in Bern is created. Any transfer of seat to another place in Switzerland requires  the approval of the supervisory authority.

 

Art. 2. Purpose

The Foundation is a non-profit and politically neutral organisation.

The preservation of Tibetan culture and to promote exchanges with other cultures that contribute to high ethical values ​​for personal self-development and  peaceful community life.

 

by

 

- financial contributions in the form of donations or loans to organizations or individuals who act  within the meaning    of the Foundation's purpose

- Organize informal events, or help with financial contributions to special events

- nConducting fundraising for the fulfillment of the Foundation

- Inform about  Intercultural Education

- Rent or buy useful properties (preferably Kanton Bern) to make them available to institutions, organizations and private people, without  any intent of financial gain, that are in accord with the purpose of the foundation.

- Networking with organizations with similar concerns.

 

Art. 3. Assets

At the creation of the foundation, the founders donate  Endowment of CHF 150,000. - (One hundred and fifty thousand francs) in cash.

Additional donations to the Foundation by the founder or other persons and organizations are always possible. The Foundation seeks to enlarge the Foundation's assets by private or public grants.

The Foundation's assets shall be managed in accordance with accepted commercial principles. The risk is to be shared. The assets must not be endangered by speculative transactions. Basically, the investment provisions BW2 apply mutatis mutandis.

 

II. Organization of the Foundation

 

Art. 4. Bodies of the Foundation

Bodies of the Foundation are:

Board of Trustees

Auditing agency, unless  exemption from the auditory agency has ben admitted by authority.

 

Art. 5. Trustees and composition

The administration of the Foundation Board of Trustees is responsible for one of at least three individuals or representatives / representatives of legal entities, which are basically volunteers. About the orientation of attendance fees or compensation to members or persons to whom special responsibilities are delegated decided by the Foundation.

The first Board of Trustees consists of the following members:

Ms. Nadine Plachta, Donauwörth (D), in Bern, representative of the Association Longku based in Bern as co-founder

Mr. Jean Paul Gloor, Sierre, in Montagnier Chable, representative of the Association Gendun Drupa based in Montagnier

Mr. Patrick Stillhart, Bütschwil SG, in Sorens

Mr. Heinz Siegwart, Steckborn in Bern

The Board of Trustees shall constitute itself (Bureau, Vice-Chairman, actuary / in / checkout / in).

 

Art. 6. Constitution and Supplements

The Board of Trustees constitutes and completes itself, with persons who by their attitude and engagement, are in accord of the purpose of the foundation will be admitted.

The Founder Association Longku, Bern, and the Association of Gendun Drupa, Montagnier / VS, are entitled to each one seat, on the Board of Trustees

 

Art. 7. Duration of office

The term of office of members of the Board shall be four years. Re-election is possible.

The Board of Trustees will be appointed for each term in the light of Art. 6 of the current members through co-optation. If members of the Board drop out during a period of office, then substitution elections must be held.

Dismissal from the Board for important reasons,  is possible  at any time, especially if one member did not fulfill his duties, or is unable to fulfill his/her duties in the future.

The Board of Trustees decides with 2/3 majority on the dismissal of Trustees.

 

Art. 8. Competencies

The Board of Trustees is responsible for the overall management of the Foundation. They have all powers not expressly delegated to another body. The Board of Trustees has the following duties which cannot be taken away:

Regulation of the signature and attorney for the Foundation;

Election of the Board and the auditors;

Approving the financial statements;

Choosing a branch;

The Board of Trustees shall issue one or more regulations about the  the details of the organization and the management of the foundation. (see. Art. 11). A regulation may change at any time in the context of the purpose by the Board of Trustees. Regulations and their alterations are subject to approval by the supervisory authority.

The Board of Trustees is authorized to transfer some of its powers to one or more of its members or third parties.

 

 Art. 9. Resolution

The Board of Trustees will have a quorum if the majority of the board members are present. Resolutions are passed by a simple majority, unless in the Deed of Foundation  or in regulations, a qualified majority is required. In a tie, the President  decides. Minutes will be taken of meetings and resolutions.

Decisions and choices can also be passed by mail to all members of the Board, unless a member calls for an direct oral discussion.

The invitation to attend the meetings of the Board must be made on 30 days prior to the meeting.

 

Art. 10. Responsibilities of the Foundation Bodies

All persons involved in the administration, management or revision of the Foundation  are responsible for the damage they cause through intentional or negligent breach of their duties.

If more than one person is responsible for any damage, each one is accountable in solidarity with the others of his own personal actual fault.

 

Art. 11. Regulations

The Board of Trustees sets out the principles of its activities reflected in one or more regulations to be submitted to the Authority for approval.

 

Art. 12. Auditors

The Board of Trustees select - unless a waiver of the statutory duty was decreed by the supervisory authorities - an auditor (Article 83b of the Civil Code), which must be a natural person or a legal entity resident, domiciled in or a registered branch office in Switzerland. This independent and external auditor, in accordance with the legal provisions (ordinary audit or limited audit - RAG; Art. 727b or 727c OR -) review annually the accounts and the financial position. It checks the compliance with the purpose of the deed of the Foundation and the regulations and rules.The auditor examines in particular whether the property has been used for the intended purposes. The auditor's written report about the results of the  inspection will be sent to the Board of Trustees.

The auditor will send a copy of the report of the inspection to the supervisiory authorithy, as well as all important notices of the Foundation.

The auditing agency has to communicate any  perceived deficiencies  to the Board of Trustees while carrying out their mission. If these deficiencies are not remedied within a reasonable time, the auditing agency must, if necessary, notify the supervisory authority.

 

 

III. Amendment of the Deed of the Foundation,  and dissolution of the Foundation

 

Art. 13. Amendment of the Deed of the Foundation

The Board of Trustees shall have the right to apply for changes in the Deed of Foundation by unanimous  decision and present it to the  the supervisiory authority in accordance of Art. 85, 86 and 86b of the Civil code apply.

 

Art. 14. Liquidation of the Foundation

The duration of the Foundation is unlimited.

A request for dissolution of the Foundation may only happen by unanimous decision of the Board of Trustees, if the therefore required reasons by law are fulfilled  (Art. 88 of the Civil Code) and only with the approval of the supervisory authority.

A fusion can only take place with another organization that, because of non-profit or public purpose, is exempt from tax liability  in Switzerland.

In case of dissolution,  profit and asset has to be allocated to another non-profit or foundation of public purpose, or juridistic person, which is exempt from taxes, with it’s seat or residence in Switzerland.

A return of assets of the Foundation to the founder of the Foundation or it’s legal successor is excluded.

 

 

 

IV. Commercial Register

 

Art. 15. Commercial Register

This foundation is registered in the Commercial Register of the Canton of Bern.

The present  articles of association have been established at the creation of the Foundation on 28.2.2011

CRITERIA FOR REQUESTS FOR ASSISTANCE BY THE SEC-TIBET

 

 Persons and organizations that are active in our sense of purpose  (artists, writers, musicians, foundations, associations, interest groups, etc.). This includes the implementation of the philosophically influenced Tibetan teachings on ethics and education.

 

   Translation of texts, art conservation, exhibitions, Tangka, statues. Creation and maintenance of stupas, etc.

 

   Development and support of centers and, corresponding to the purpose of the Foundation.

 

   Support for promotion (publications, films, panel discussions, public events, etc.)

 

   Sponsorship for offers of education and culture for people living in exile

Mission statment

 

We are serving the purpose of implementing the mission statement for the preservation of Tibetan culture and intercultural exchange.

 

We support activities and help develop public relations, which promises spiritual and / or material lasting effect in the above purpose.

 

 We practice care in our actions, both towards all living beings as well as in terms of the finite resources of Mother Earth.

 

 We strive actively to receive donations and legacies that we manage in a trustworthy way and use solely for the purpose of the foundation.

 

We are always transparent and open to responding to questions and suggestions about our actions and our financial state.

 

 We are networked and collaborate with other organizations that pursue  the same or similar goals, to the best of our abilities.

 

General

 

The charitable Foundation FPC (SEK) - Tibet  is committed to preserve Tibetan culture in the broadest sense for future generations, to support and promote, by:

 

Supporting associations, organizations and individuals with donations or loans;

 

Organizing events, meetings and conferences on these topics;

 

Providing information about intercultural exchange and education;

 

Networking with organizations with similar concerns;

 

Fundraising for the fulfillment of the purpose of the foundation.

 

Among other things, the Foundation aims to contribute with high ethical values for personal, sustainable development and a peaceful community life.