Constitution of the Mayday Foundation

§ 1 Name, domicile, legal structure

(1) The name of the foundation is "Stiftung Mayday" (The Mayday Foundation).
(2) It is a foundation under public law having legal capacity
(3) It is domiciled in Frankfurt am Main.

§ 2 Aims of the Foundation

(1) The Foundation pursues solely and primarily aims beneficial to the community in terms of the Article on "tax-favored purposes" of the Taxation Law.

(2) It acts independently and does not pursue its own economic aims first and foremost.

(3) The purpose of the Foundation is to collect funds and other resources to be made available for charitable and non-profitable support of holders of a pilot's license (and their immediate dependants) who have suffered some misfortune and who, under the provisions of Section 53 (Numbers 1 and 2) of the Taxation Law dated 1977 in its current form as well as the proposed new version, are eligible for financial benefits. 
The aims of the Foundation are realized in particular through

• a) financial benefits
• b) benefits in kind
• c) assistance in dealing with official bodies
• d) other non-tangible forms of assistance

(4) The aims of the Foundation also include providing support for institutions abroad dealing with cases similar to those of the Mayday Foundation (see 3). To this extent, the Mayday Foundation assists the process of international understanding. As an example, the Foundation was able to provide for the family of the late Russian pilot, Alexander Vyatkin.

(5) The Foundation Board is responsible for all decisions relating to the allocation of Foundation funds and resources. Further details can be found in the guidelines relating to the allocation of Foundation funds and resources.

(6) There is no legal right to the allocation of Foundation funds and resources. 

§ 3 Assets of the Foundation

(1) The assets of the Foundation are to be retained at their existing level and must not be diminished. The endowment assets of the Foundation may only be used in full or in part with the prior agreement of the supervisory authority if it is deemed that the aims of the Foundation cannot be realized in any other way and if the continued existence of the Foundation for an appropriate period of time can be safeguarded.

(2) The endowment assets of the Foundation as defined in paragraph 1 do not include regular income, unless the donor specifies otherwise.

(3) The endowment assets of the Foundation may be increased by further endowments where these are expressly defined as such.

§ 4 Revenue from the Foundation's assets

(1) The Foundation's cleared funds may only be used for purposes consistent with this constitution.

(2) No one shall receive preferential treatment in the form of expenditure, services or benefits that cannot be reconciled with the aims of the Foundation or in the form of disproportionately high emoluments.

(3) If the Board so decides, the Foundation may accumulate free reserves up to the maximum specified in the Taxation Law. 

§ 5 Organ of the Foundation

(1) The Organ of the Foundation is its Board.

(2) The members of the Board exercise their duties on a voluntary basis. They are entitled to claim any expenses incurred.

(3) The Board is entitled to draw up a set of Rules of Procedure.

§ 6 Duties of the Board

(1)  The Board is the administrative body of the Foundation. A Managing Director and other staff may be employed for the day-to-day business of the Foundation. Members of the Board may not be employees of the Foundation.

(2) The Board represents the Foundation in all judicial and extra-judicial capacities. At least two members are required for this purpose.

(3) Any individual sale of property or business matter subject to law involving a sum of 500 euros or more requires the prior agreement of all members of the Board.
In the event of recurrent expenditure, the basis shall be 3½ times the annual value.

(4) In order to realize the aims of the Foundation, the Board is to set up sub-committees to relieve the Board of some of its responsibilities and also to be able to provide more effective localized assistance.
The detailed aspects of this may be regulated by the Rules of Procedure. Members of sub-committees also exercise their duties on a voluntary basis. They may, however, claim expenses.

§ 7 The Board

(1) The Board consists of a minimum of three and a maximum of five members.

(2) Membership of the Board is to be constituted as follows:
Active or formerly active holders of a pilot's license and, if possible, a member with a law qualification.

(3) Members of the Board are:

• Alice Deininger (Pilot)
• Dipl.-Psych. Dr. Gerhard Fahnenbruck (Pilot)
• Alexander Frank (Pilot)
• Hans Rahmann (Pilot)
• Ralf Schäfer (Lawyer)

(4) Membership of the Board is for a period of two years.

(5) Before a member's term of office expires, the Board is to elect his/her successor. It is permissible for members to be re-elected.

(6) If a member resigns before his/her two-year term of office has expired, a substitute is to be elected for the remaining period of the term of office.

(7) The election of new members of the Board is by majority vote of the existing members of the Board. In the event of a tie, the outcome will be decided by the drawing of lots.

§ 8 Executive Director

The Executive Director is responsible for the day-to-day business of the Foundation according to the guidelines set out in the standing orders. He is answerable to the Board and bound by their decisions.

§ 9 Management of the Foundation

(1) The Foundation's assets are to be administered and invested in a manner befitting the diligence of a prudent businessman.

(2) The Board is to meet as often as shall be deemed necessary in order that its business may be conducted in a due and proper manner and, in any case, at least once per annum. An extraordinary meeting of the Board may be convened at the request of at least one-third of its members.

(3) Within five months of the end of a financial year, the Board shall present an annual report and financial statement. The annual accounts are to be audited by a person who is not a member of the Board.

(4) The annual accounts, annual report and balance sheet are to be presented to the supervisory authority within five months of the end of the financial year.

§ 10 Supervisory authority

The Foundation is subject to state supervision in accordance with the current laws concerning charitable status.

§ 11 Dissolution of the Foundation, merger, amendments to the constitution
(1) Any application for the dissolution of the Foundation, its merger with another foundation or amendments to the aims of the Foundation will only be permissible in the event of a significant change in the prevailing circumstances.

(2) A decision under section 2 (above) or an amendment to the constitution of the Foundation shall only be possible with the unanimous agreement of all Board members.

(3) Amendments to the constitution that impinge on the aims of the Foundation require the agreement of the relevant fiscal authorities.

Constitution of the Mayday Foundation as PDF