Margit-Horvath Foundation –Contract
In 2000, Lili Jodelsohn, a survivor of the Walldorf Concentration Camp, writes to the Town of Mörfelden-Walldorf:
“We all have a scarred soul and bitterness in us, which will never disappear. Words can never describe the injuries and pain we had to endure. But today, after these experiences, my only wish is that all men have tolerance and respect towards each other – Regardless of skin colour, race, nationality and religion. We should help each other as much as we can.”
She is one of the 1,700 Hungarian Jewish women who were detained in the Walldorf Concentration Camp from August until November 1944. Her attitude represents that of all survivors of this concentration camp. This should be the guiding principle of the Foundation’s activities .
Margit Horváth was also a survivor. After decades of silence and a well-kept distance to the German society she decided in old age to start talking to face the pain of remembering the unimaginable horror. Thanks to her readiness to talk to us we were able to work on the history of this concentration camp and learnt many biographical details. Also long after her death, we are still grateful for her readiness to share her memories with us.
As the name-donor of our Foundation, Margit Horváth represents the 1,700 Hungarian Jewish women who were detained here.
Her son, Gavriel Goldman, gave the impulse to initiate this Foundation. The so-called „damages“ for Margit Horváth’s time in detention is the „nucleus“ of the Foundation’s funds. This is a special honor and obligation for all those working with and contributing to the Foundation’s activities.
Dignity, tolerance, intercultural communication, reciprocal help, respect and civil courage are the basic values behind our Foundation. For us, it is the heritage of the survivors of the Holocaust to maintain these principles and to support young people to keep them upright.
§ 1 Name, Legal form
- The name of the Foundation is “Margit-Horváth-Foundation”.
- The Foundation is a foundation under civil law. It will be changed to an incorporated foundation with legal capacity in the near future. Presently, the Town of Moerfelden-Walldorf is the charity trustee.
- The Foundation’s registered office is in Moerfelden-Walldorf.
§ 2 The Purpose of the Foundation
- The Foundation serves only public-benefit purposes.
- The Foundation’s purpose is to support artistic and scientific or sociocultural projects concentrating mainly on the basic human values of civil courage, tolerance and intercultural communication. As a reference to the name-donor of the Foundation, innovative projects dealing with Jewish history initiated by young people are granted priority in the assessment of projects to be supported. It is however, not the Founder’s intention to support only projects dealing with this subject. Applications for support must be submitted in written form. Oral explanation may be asked for if deemed necessary. The support consists in financial aids for achieving the project goals. Another task of the Foundation is to create a suitable public framework for the project, e.g. by organizing exhibitions, symposiums or discussions concentrating on the subjects of the project supported.
- The Foundation is entitled to accept endowments from third parties. It also makes efforts to obtain further benefits and contributions.
§ 3 Limitations
The Foundation acts disinterestedly. It does not pursue any purposes with economic viability. It must not support any person under public or private law for purposes other than those named under the Foundation’s Purpose nor may it grant any support or financial aid beyond reasonable limits.
§ 4 Original Funds
- The Foundation’s original funds consist of the donation by Mr. Gavriel Goldmann, son of Margit Horváth.
- The Foundation is entitled to accept endowments and contributions from third parties. The minimum amount for a contribution is 1,000 €. Contributors are given an act of honour and are listed in the register of the Margit-Horváth-Foundation with a serial number. Contributions must be used to increase the original funds unless a special purpose is stated by the contributor.
- In order to ensure the Foundation’s activities to be continued contingency reserves equal to 15% of the proceeds will be established.
- The Foundation binds itself by contract to keep the administrative expenses as low as possible, to use all funds in an economical and efficient way and to publish an annual report on the use of the funds.
§ 5 The Foundation’s Funds, Fiscal Year
The Foundation pursues its tasks using the funds remaining after deduction the annual reserve. All funds must be used in compliance with the Foundation’s Purpose. The fiscal year of the Foundation is the calendar year.
§ 6 Bodies of the Foundation
Bodies of the Foundation are
1) The Board of Curators
2) The Board of Trustees (Management)
The members of the bodies work on a voluntary basis. Their expenses are refunded.
§ 7 The Board of Curators
- The Board of Curators consists of at least seven members. At the time of the Foundation’s creation, these are:
- Gavriel Goldmann, Founder, son of Margit Horváth (former detainee in the Walldorf concentration camp) or a person to be named by him.
- Agnes Gergely, daughter of Klara Sarkadi (former detainee in the Walldorf concentration camp)
- Representing the Town of Moerfelden-Walldorf: Bernhard Brehl, Mayor
- Representing a Jewish community, working professionally with young people: Noemi Staszewski
- Representing a high school in Moerfelden-Walldorf: Margit Geffert-Holl, teacher at the Bertha-von-Suttner-Schule
- Representing a high school in the Rhein-Main area: Rainer Kurrat, teacher at the Freie Waldorfschule, Frankfurt
- Representing a scientific/educational institution in the Rhein-Main area: Susanne Wiegmann, director of the Anne-Frank-Centre, Frankfurt am Main
- One of the three “discoverers” of the Walldorf Concentration Camp: Alfred J. Arndt
- Ulrike Holler, journalist, the Hessian Radio and TV Institution
- Christiane Reeh, lawyer, Frankfurt am Main
- Helga Glanz, honorary staff member working on the historical research on the Walldorf Concentration Camp
- Helmut Kress, banking expert, Moerfelden-Walldorf
- Representing a practical educational institution in the Rhein-Main area: NN
Each member of the Board of Curators is appointed for four years. It is possible to appoint additional members by a two thirds majority. Initially, the new members are appointed as “guests” for one year with all authorities. Their membership can then be prolonged by another four years. Each member of the Board of Curators names a substitute in agreement with the Board of Curators and the deputing institution. The members can be re– appointed. In the case of withdrawal of a member, the Board of Curators names a successor in agreement with the deputing institution. The withdrawing member remains in her/his position until a successor is appointed.
- The Board of Curators elects a chairperson and her/his deputy from its members. Re-election is permitted.
§ 8 Competences of the Board of Curators
- The Board of Curators decides in all principle subjects and advises, supports and controls the Board of Trustees. In detail, its tasks are:
- Election of the members of the Board of Trustees
- Advising the Board of Trustees
- Reviewing the annual statement of accounts including the statement of assets and liabilities
- Reviewing the report on fulfilment of the Foundation’s purpose
- Reviewing the budget
- Use of the Foundation’s funds
- Discharge of the Board of Trustees
- Changes in the Foundation Contract and applications for reconstructing, dissolving or combining the Foundation
- The chairperson of the Board of Curators represents the Foundation
§ 9 Activities of the Board of Curators
- The Board of Curators is called to a meeting by the Chairperson if needed, at least twice a year, stating the agenda and allowing a time of 28 days. Meetings are convened also upon demand of at least two thirds of the members of the Board of Curators.
- The Board of Curators has a quorum if it was duly convened and at least 2/3 of the members including the chairperson and her/his deputy are present. Mistakes in the summon are regarded as eliminated if all members are present and none of them makes objections.
- The Board of Curators makes its decisions with a two thirds majority.
- It is obligatory to take the minutes of the meetings. The minutes must be signed by the Chairperson and the secretary to the Board appointed by him. The minutes must be presented to all members of the Foundation’s bodies.
- In case of urgency decisions can also be made by circulating a written report unless two thirds of the Board Members express objections. In this case, an extraordinary meeting has to be called by the Chairperson.
§ 10 The Board of Trustees
- The Board of Trustees consists of at least three members. Each member of the Board of Trustees works initially as a “guest” equipped with all authorities. After this time, they can be appointed as due members for another three years. Re-appointment is permitted. Withdrawing members keep their position until a successor is appointed.
- The Board of Trustees elects a chairperson and her/his deputy from its members.
- Members of the Board of Trustees cannot be members of the Board of Curators at the same time.
§ 11 Tasks of the Board of Trustees
- The Board of Trustees executes the business and implements the decisions of the Board of Curators. The main tasks are
- Administration of the Foundation’s assets
- Use of the funds available
- Establishing an orderly annual statement of accounts including a statement of assets and liabilities
- Setting up an annual report on the fulfilment of the Foundation’s purpose
- The Board of Trustees represents the Foundation in and out of court. For legal representation, two members of the Board are needed one of them being the chairperson or her/his deputy.
§ 12 Changes in the Contract, Reconstruction or Dissolution of the Foundation
- Changes in the contract are allowed as far as they are deemed appropriate in order to adapt to changed conditions. As far as they might have effects on tax privileges granted to the Foundation they must be presented to the tax authority for approval.
- The Foundation’s purpose can be changed only if its fulfilment becomes impossible or the circumstances change in a way making the purpose as stated in the contract seem no longer meaningful.
- In the case of dissolution or annulment of the Foundation or elimination of the tax-privileged purpose, the Board of Curators decides on the use of the remaining assets. These must be used directly and exclusively in the public interest, bearing in mind the Foundation’s purpose.
- The Board of Directors can start its activities and make decisions only after approval of the tax authority.
§ 13 Supervision of the Foundation
- The Foundation is subject to supervision by the Government of the State of Hessen.
- Changes in the address, representation and the composition of the bodies must be communicated to the supervising authority immediately.
§ 14 Effective Date
The contract becomes effective with the approval of the Government of Hessen.
Mayor of Moerfelden-Walldorf
(Son of M. Horvath)