Statutes



This English version of the statutes is provided for convenience only. Being based in Germany, the only legally binding version is  the  German version .

Preamble


The foundation’s objective is to nurture and develop software that is free to use by everyone. The foundation furthers a sustainable, independent and meritocratic community for the international development of Free and Open Source Software based on open standards.

In particular the foundation will advance the distribution of free and open-source software by maintaining a mobile operating system with associated applications and services, and making it available on different mobile devices. This software shall be made available to the public (including for-profit companies and public authorities) freely and without restrictions, other than restrictions that protect the freedom and openness of that software in the future.
    § 1 Name, legal form, domicile and business year

            1.1    The name of the foundation shall be “UBports Foundation”, a
                      legal foundation under German acivil law.

            1.2    It has its registered seat in Berlin.

            1.3    Fiscal Year is the calendar year.

    § 2 Primary Objective of the foundation

            2.1    By furthering the development of free Software (hereinafter
                      referred to as ,,FOSS”) the foundation entails the furthering
                      of:

                            (a) national and vocational education;

                           (b) science and research, especially in the field of computer
                                 science;

                            (c) civil engagement in favor of charitable objects,

             2.2    The foundation furthers and supports a sustainable,
                      independent and meritocratic community which develops
                      FOSS based on open standards. FOSS may be used, analyzed,
                      adapted to ones needs, distributed and enhanced for any
                      purpose. Standards are open, if they are:

                           (a) subject to full public assessment and use without
                                 constraints in a manner equally available to everybody;

                           (b) free of any components or extensions that have
                                dependencies on formats of protocols that do not meet
                                the definition of an open standard themselves;

                            (c) Free from legal or technical constraints that limit their
                                use by anybody;

                            (d) managed and further developed independently from
                                 any single vendor in a process open to equal
                                 participation of all interested third parties; and

                            (e) available in diverse complete implementations from
                                 different providers, or as a single complete
                                 implementation available to all participants

                      The object of the foundation is achieved, either directly of
                      through intermediaries, in particular, but not limited to, via:

                            (a) publication of software;

                            (b) spreading the philosophical and cultural ideals of FOSS;

                            (c) moral and professional support of anybody who creates,
                                improves, helps to spread the foundations software
                                or documentation or contributes in other ways, including
                                the construction and maintenance of platforms for
                                mutual support and assistance;

                           (d) information, representation, counsel and training of
                                users, authorities, private entities and the general public
                                on the advantages and educational potential of the
                                usage of FOSS, especially through seminars, workshops
                                and conferences, but also by introducing children and
                                adolescents to, and awakening their interest in Free
                                Software (e.g. via holiday camps teaching the software
                                and creating bug reports);

                            (e) collaboration and coordination with other organizations
                                 that at least partially share the same charitable objects;

                           (f) furthering of national, European and international
                                collaboration in the field of named software (e.g. by
                                translating the software or its documentation); and

                           (g) promotion and implementation of research and
                                development projects (e.g. via supporting public
                                tenders, or research into legal obstacles hindering Free
                                Software deployments, or co-writing of open standards).

            2.3    The foundation can pursue its object nationally (within the
                      Federal Republic of Germany) and abroad.

            2.4    The foundation does not need to pursue each object with the
                      same effort. The foundation’s board of directors decides
                      which actual object will be pursued primarily.

            2.5    The foundation can provide financial or material resources to
                      other tax-privileged bodies, institutions and foundations, or to
                      appropriate public authorities, if these entities use the
                      resources to further the foundation’s objects according to
                      paragraph 2.1 and 2.2.



    § 3 Non-Profit Character

            3.1  The foundation shall exclusively and directly pursue charitable
                   objects as defined by the section “Steuerbegünstigte Zwecke”
                   (tax beneficiary objects) of the German general tax code, §51ff.

            3.2  The foundation acts altruistically within the meaning of § 55 AO.
                    It does not primarily focus on economic objects for its own benefit.

            3.3 The foundations funds may only be used for statutory objects.

            3.4 The foundation executes its tasks on its own or through auxiliary
                   persons as defined in § 57 section 1 sentence 2 German General
                   tax code, as long as the foundation’s means permit, and the
                   foundation is not acting on procurement of funds as per
                    § 58 No. 1 German general tax code.

            3.5  In order to realize its objects, the foundation may operate
                   special-purpose enterprises as long as the given purposes are in
                   line with the objects under § 2 of these statutes.

            3.6  The foundation may act as trustee for dependent (not having
                   legal capacity) foundations or manage other independent
                   foundations (having legal capacity).



    § 4 Assets of the foundation

            4.1  The assets granted to the foundation to fulfill its objects on a
                    sustainable and continuing basis, shall be kept undiminished.
                   The assets of the foundation are defined in the act of
                   formation.

            4.2  The assets shall be invested in a safe and profitable way, where
                   ethical investment criteria shall be pursued. The foundation’s
                   assets must not be invested actively in shares to more than one
                   third of the total assets.

            4.3  Regrouping of the assets is permitted. Regrouping gains must
                    be allocated to a regrouping reserve, which may be dissolved
                    for re-compensation of regrouping loss, to raise the
                    foundation’s assets, or to be used for statutory objects.

            4.4  Endowment contributions (Zustiftungen) shall be allocated to
                   the assets of the foundation. The foundation may accept such
                   donations. Non-dedicated donations due to disposition mortis
                   well as free reserves as of § 62 No. 3 German general tax code,
                   will be reallocated to the foundation’s assets.



    § 5 Usage of the capital gains yield and donations

            5.1  The foundation achieves its objects from the capital gains yield
                    and from surpluses of the restructuring reserve and from donations
                    which are not explicitly dedicated to grow the foundation’s assets as
                    of as of § 62 No. 3.

             5.2  As necessary, the foundation may allocate it’s funds in whole or
                   in part to a reserve, to be able to sustainably achieve its
                   tax-exempt statutory objects, if there are concrete ideas or
                   timely targets for the usage of the reserves, and if the tax
                   exempt status of the foundation will not be jeopardized.

             5.3  For long-term maintenance of value, and if in accordance with
                   applicable tax laws, annual revenues may be re-invested into
                   the capital stock or another reserve fund, to adjust for inflation.

             5.4  No legal right on foundation services shall be constituted,
                   especially not to be accepted as member of the board of
                   trustees, or the advisory board.

             5.5  No person may benefit from unreasonable high compensation
                   or expenditure that is not within the objects of the foundation.
                   This especially applies to full-time staff of the foundation.



    § 6 Bodies of the foundation

             6.1  Bodies of the foundation are:

                            (a) the board of directors,

                            (b) the board of trustees, and

                            (c) the membership committee.

                     Additionally, an advisory board will be set up, which shall not
                    form a body of the foundation. Similarly, associate members
                    and sponsors are accepted by the foundation, without becoming
                    part of a formal body.

             6.2  Working in the foundation’s bodies shall be voluntary.
                    Acceptable expenses caused by activities for the foundation
                    may be reimbursed if foundation’s means permit this and
                    achievement of the foundation’s objects is not significantly
                    affected.

             6.3  Only a member of the board of trustees can become member
                   of the board of directors. Members of the board of directors or
                   their deputies may not be members of the membership
                   committee. Members of the advisory board must not be
                   members of the board of trustees.

             6.4  The liability of the members towards the foundation is limited
                    to intent and gross negligence. This limitation does not apply to
                    the board of directors, starting with knowledge of a pending
                    complaint or impeachment relative to board of directors
                    actions, if the board of directors proceeds with the challenged
                    actions before the complaint or impeachment is settled.

             6.5  The Members of all bodys are bound to manage the foundation
                   diligently and economically.



    § 7 Board of Directors

             7.1  The board of directors consists of natural personas and shall
                    have five or seven members. The board of directors elects a
                    chairperson and the chairperson’s deputy from among its
                    members.

             7.2  The board of directors term of office shall be two years,
                    re-election is admissible. The board of directors shall be elected
                    by the board of trustees; the election will be prepared and
                    monitored by the membership committee. The members of
                    the board of directors and (in case of an adequate number of
                    candidates) up to three substitute members will be elected
                    individually and simultaneously and the voting will occur by
                    e-mail or by an equivalent medium to be made available to the
                    members. The voting method to be used is a system designed
                    (Single Transferable Vote system), employing the Meek
                    method. Candidates with the highest preference are deemed
                    to have been elected until the predefined number of board of
                    directors members has been reached. The other elected
                    candidates act as substitute members for departing board of
                    directors members. Each candidate shall be running only for
                    himself or herself. The members of the board of trustees are
                    notified at least 45 days in advance of the elections, by e-mail
                    or an equivalent medium to be made available to the members.
                    The application as candidate is possible up to one week before
                    the election and has to be issued by e-mail or by an equivalent
                    medium to be made available to the members of the
                    membership committee. Only members of the board of
                    trustees, who were already members before the election
                    notice are entitled to vote.

             7.3  To prevent unwanted influences of companies in the board of
                    directors, not more than two members of the board of
                    directors shall be employed by the same company or corporate
                    group.

             7.4  The membership in the board of directors ends (i) after term of
                    office of the board of directors and the appointment of a
                    successor, (ii) by death of the member, or (iii) by resignation,
                    which is permissible at any time. Departing board of directors
                    members are replaced by the substitute member, who gained
                    the next lowest preference in the elections. In case the number
                    of board of directors members decreases below five, with a
                    seven-member board under seven and and no deputy board
                    member is available, the board of directors must be
                    replaced immediately by re-electing the board of directors.
                    In this case, the remaining board of directors shall continue only
                    urgent business of the day-to-day administration until assumption
                    of office of the new board of directors. Paragraphs 3 and 4 do not                 
                    apply to the first board. When a member of the first board resigns,
                    the remaining members form the board with all their authority.
                    The remaining members of the board will consider whether
                    elections are being held or whether a new member can be
                    appointed, so that the board of directors has a quorum
                    (§ 7 Abs. 1 sentence 1).
                    The other members remain board members until the end of their
                    term of office.

             7.5  By way of derogation from the rules for voluntary work (§ 6 par.
                    2 first sentence), the board of directors can be commensurately
                    refunded annually with up to 0.5% of the financial resources of
                    the foundation, if otherwise the appropriate staffing of the
                    board of directors is at risk in case the foundation’s means
                    permit this, and the ability to fulfill the foundation’s objects is
                    not substantially hampered. Further details are to be decided
                    by the board of directors, need to be published immediately,
                    and will enter into force not before one month after
                    publication.

             7.6  The board of directors will adopt rules of procedure, which have
                    to be published. Within those, the appointment and
                    consultation of executive directors and further executive
                    officers can be regulated.

             7.7  The first board, the chairperson of the board and its deputy,
                    and the substitute members of the board, if any, are named in
                    the act of formation. The term of office for the first board of
                    directors is two years.



    § 8 Duties of the Board of Directors

             8.1  The board of directors decides in all principal matters, according
                    to the statutes, on its own authority, and conducts the
                    day-to-day administration of the Foundation. The board of
                    directors acts as the legal representative, and represents the
                    foundation in and out of court. The Foundation is represented
                    by two members of the board of directors jointly one of which
                    must be the chairperson or its deputy. There can also be
                    granted authorization for single persons for particular affairs.
                    Inter se, the deputy of the chairman is required to only act if
                    the chairman is incapable.

             8.2  The board of directors is obliged, within the bounds of German
                    Foundation Law and these statutes, to fulfill the original will of
                    the donor as effectively as possible, as is manifest in the act of
                    formation. The boards of directors’ duties are, among others:
                    stewardship for the capital stock, handling the foundations’
                    means, setting up a budget plan, proper financial accounting
                    and collection of receipts, creation of the annual balance and
                    activity report. The board of directors ensures that all facilities
                    of the foundation-supported activities are provided in a
                    satisfactory manner

             8.3  The board of directors is obliged, via explicit publication in a
                   generally used communication medium, to notify the public
                   about:

                            (a) all changes to the Community Bylaws, or operating
                                 mechanisms of the board of trustees or the
                                 membership committee, else-wise those changes are
                                 void;

                            (b) the composition of the board of directors, including its
                                 substitute members, the members of the board of
                                 trustees, the membership committee and its
                                 chairperson, the advisory board, and all other
                                 permanently established committees;

                            (c) the proceedings, discussions, and decisions of the
                                 foundation, it’s committees, the board of directors, and
                                 potential executive directors, including meeting
                                 minutes. Under exceptional circumstances, those can be
                                 kept confidential, if justified by the subject matter. The
                                 resulting decisions though need to be published in due
                                 time, confidentiality ends, once the reasons for
                                 confidentiality cease;

                            (d) conflicts of interest lasting longer than a month; and

                            (e) the decision on how to deal with a complaint.

             8.4  The board of directors prevents conflicts of interest within the
                    Foundation. The board of directors is therefore obliged to
                    ensure, that the board of directors itself, the membership
                    committee, and the advisory board, at maximum have one third
                    of their members being employed by a single company,
                    organization, entity or their respective affiliates. The board of
                    directors can expel one member per month from each of the
                    foundations bodies, until the conflict of interest situation is
                    either settled, or a re-election of the entity has been initiated.
                    To resolve the conflict of interest, the board of directors can
                    expel the necessary number of members from the committee
                    or add suitable members to the committee.



    § 9 Resolutions of the board of directors

             9.1  Resolutions of the board of directors are taken in meetings, via
                   phone, in writing (including via circulation procedure), except
                   where the statutes provide for other means. Telegraph, telefax,
                   email, or otherwise auditable electronic means for vote
                   transmission shall be equivalent to the written form. The board
                   of directors meets at least annually, otherwise if necessary, by
                   invitation from the chairperson or its deputy including the
                   agenda, at least two weeks in advance. Board of directors
                   meetings are further called in, if requested by at least three
                   members of the board of directors.

             9.2  A member of the board of directors can be represented by
                   another board of directors member or a substitute member,
                   unless these statutes require a personal presence. No member
                   of the board of directors, or substitute member, can represent
                   more than one other member.

             9.3  The board of directors is quorate if, after correct invitation, at
                    least half of its members (or their representatives) are present,
                    among them the chairperson or its deputy, unless the statutes
                    require otherwise. Incorrect invitations are cured if all
                    members are present and there is no objection. If a member
                    incorrectly invited is not present, they can cure the mistake by
                    retroactively approving the decisions by the affected member.
                    For a vote conducted by phone or email, at least half of all
                    members of the board of directors need to participate.

             9.4  The board of directors decides via simple majority of the
                    present or represented members, or those participating in a
                    vote conducted in writing or via phone, unless the statutes
                    require otherwise. In the event of a tie, the vote of the
                    chairperson shall be decisive, alternatively the deputy chair.

             9.5  Minutes of the Meetings of the Board of directors shall be
                    prepared, (digitally) signed by the minute-taker and confirmed
                    by the meeting chairperson. These have to be brought to the
                    attention of all members of the board of directors and the
                    membership committee.

             9.6  A member of the board of directors is barred from voting, if the
                    vote contains any of the following subject matters:

                            (a) self-dealing with the member;

                            (b) the initiation or cessation of a lawsuit between the
                                 foundation and the member; or

                            (c) grants from foundation’s means to the member, or to an
                                entity the member is a board member of, or to an entity
                                the member is a member of the executive body of.

    § 10 Board of Trustees

            10.1    Membership in the board of trustees is open to everyone
                        worldwide at no cost. The board of trustees consists of
                        natural persons, who either (i) are members of one of the
                        foundation’s bodies, or (ii) cumulatively meet the
                        requirements listed in the following letters (a) through (d):

                             (a) have verifiably contributed time and intellectual work
                                   for the foundation’s objects, over a time span of more
                                   than three months, and

                             (b) have after assessment by the membership committee,
                                   free of arbitrariness, verifiably, or testified by other
                                   members contributed non-trivially and not obviously
                                   immaterially. Non-exhaustively listed this includes:

                                        - programming;
                                        - translation;
                                        - producing and enhancing documentation;
                                        - producing or enhancing marketing collaterals (including graphics);
                                        - triage, analysis and verification of bug reports;
                                        - market research and research of user experience or wishes;
                                        - representing one of the foundation’s projects in public, in press, or                                       e.g. on trade fairs;
                                        - operating and maintaining the technical infrastructure of the                                        foundation;
                                        - functioning in other administrative tasks within the foundation.

                             (c) They also have to have applied for membership in the
                                   board of trustees, and

                             (d) have announced the intention to actively work towards
                                   the foundation’s object for at least 6 months.

                      Every member is expected to treat fellow members and end
                      users with politeness, indulgence, objectivity, liberality,
                      friendliness, understanding, and goodwill.

            10.2  Members of the board of trustees are appointed for one year,
                      effective from the beginning of the quarter following the
                      approval of the membership committee, and as such have
                      equal status and rights. Membership ceases after that time, or
                      by exclusion, death or resignation, which is permitted at any
                      time. Admittance to the board of trustees is decided by the
                      membership committee. There is no legal requirement for a
                      decision within a definitive time, though a decision will
                      typically be taken within a quarter. Likewise, the membership
                      committee, after consulting the member, decides upon
                      exclusion due to behavior contrary to the statutes, following a
                      motion from either the board of directors or from another
                      member of the board of trustees.

            10.3  Further details on admittance or exclusion from the board of
                      trustees shall be regulated in the community bylaws, which
                      are enacted by the board of directors. Changes to these
                      bylaws need to decided by the board of directors and require
                      the affirmative vote by the Board of Trustees members to
                      come into effect.

            10.4  The members of the first board of trustees are defined in the
                      act of formation. The term of office for the first board of
                      trustees is two years.


    § 11 Duties and decision-making of the board of trustees

            11.1  The board of trustees elects the board of directors and the
                      membership committee. The board of trustees can vote on
                      any topic desired by the board of directors. Members of the
                      board of trustees can, according to these statutes, issue a
                      complaint against the board of directors, and request
                      impeachment.

            11.2  The Board of Trustees decisions are taken by a simple majority
                      regardless of the number of present or participating
                      members, unless the statutes require otherwise. The election
                      and the voting occur by e-mail or by an equivalent medium to
                      be made available to the members. The voting method to be
                      used is a system designed to achieve proportional
                      representation through preferential voting (Single
                      Transferable Vote system), employing the Meek method.
                      Members of the Board of Trustees are duty-bound only to
                      their conscience. Third parties may not determine the voting
                      behavior of members of the board of trustees, verifiable
                      violation can lead to exclusion. All elections, except for simple
                      votes, are prepared and conducted by the Membership
                      Committee. The proof of proper decision making of the Board
                      of Trustees is a formal declaration of the then-current chair of
                      the membership committee, according to §12, section 2
                      sentence 4. This also applies to the composition of the
                      membership committee.

            11.3  A complaint expresses the demand by members of the board
                      of trustees concerning either an election, or an impending or
                      already taken resolution of the board of directors regarding
                      the board of directors itself, the membership committee, or
                      the advisory board. The complaint needs to explain in detail
                      the substantial disagreement with the board of directors, and
                      needs to specify in detail what is requested for a conflict
                      resolution. Complaints must be filed jointly by at least 30% of
                      the members of the board of trustees; and need to be signed
                      by at least ten members (quorum). The membership
                      committee validates the requirements of the complaint,
                      including the quorum,  within one month, and notifies both
                      appellants and the board of directors immediately. Beyond
                      that, the membership committee notifies the board of
                      directors immediately after reception about the contents of
                      filed complaints. The board of directors can, within a month
                      after resolution of the membership committee, comply with
                      the complaint, or reject to comply. From reception of the
                      complaint by the membership committee until resolution by
                      the board of directors, or in case of incomplete resolution
                      until conclusion of an impeachment procedure, the board of
                      directors cannot modify the community bylaws; in this case
                      the community bylaws stay in effect in their respective
                      version from before the complaint.

            11.4  Impeachment of the board of directors is only permissible if
                      the complaint was not fully settled. Members of the board of
                      trustees can then, within a month, request a vote for initiating
                      an impeachment aiming for a full re-election of the board of
                      directors, if that request is supported by at least 30% of the
                      members, and signed by at least ten members. The board of
                      directors must then call the members for a vote about this
                      request as soon as the membership committee confirmed
                      that quorum. The membership committee has to validate the
                      quorum requirements within a month, immediate notification
                      of the result has to be made to the board of directors and all
                      members of the board of trustees. If a majority of the
                      members of the board of trustees (not only the majority of
                      voting members) then vote for re-election of the board of
                      directors, the membership committee needs to initiate this
                      election immediately.



    § 12 Composition and duties of the membership committee

            12.1  The Membership Committee represents the foundation
                      judicially in and out of court against the members of the board
                      of directors. It prepares and monitors the board of directors
                      elections, decides on the way of voting (by e-mail or by an
                      equivalent medium to be made available to the members) and
                      receives the application as candidate. It acknowledges
                      complaints from the Board of Trustees against the board of
                      directors and initiates the board of directors impeachment
                      procedure in case the respective conditions are met.
                      Furthermore, the membership committee decides about
                      admission and removal from the board of trustees.

                      Decisions of the Membership Committee shall be prepared,
                      signed by the minute-taker and confirmed by the chairperson
                      of the Membership Committee. These have to be brought to
                      the attention of all members of the committee and the board
                      of directors.

            12.2  The members of the Board of Trustees shall elect the
                      membership committee from among its members, for a
                      period of two years. The membership committee consists of
                      at least three individuals and a maximum of 10% of the
                      members of the Board of Trustees, but is always staffed to an
                      odd number. The election is prepared and conducted by the
                      Board of directors; the Board of directors decides on the way
                      of voting (by e-mail or by an equivalent medium to be made
                      available to the members) and receives the application as
                      candidate. Re-election is admissible. The membership
                      committee elects a chairperson among its members. The
                      election of the members of the membership committee and
                      of the substitute members proceeds using the same
                      procedure as for the board of directors. Candidates with the
                      highest preference are deemed to have been elected until the
                      predefined number of committee members including
                      substitute members has been reached. Departing members of
                      the membership committee are substituted by the respective
                      candidates with the next lowest preference in the elections.
                      Each candidate shall be running only for himself or herself.
                      The members of the board of trustees are notified by the
                      board of directors at least 45 days in advance of the elections,
                      by e-mail or an equivalent medium available to the members.
                      The application as candidate is possible up to one week before
                      the election and has to be issued by e-mail or by an equivalent
                      medium to be made available to the members of the Board of
                      directors. Only members of the board of trustees, who were
                      already members before the election notice are entitled to
                      vote.

            12.3  The membership in the membership committee ends (i) after
                      term of office after the appointment of a successor, (ii) by
                      exclusion from the board of trustees, (iii) by death or (iv) by
                      resignation, which is permissible at any time. In such cases,
                      the remaining members shall be the membership committee.
                      In case the number of members decreases below the
                      minimum number, the remaining members of the
                      membership committee shall continue to process only tasks
                      that cannot be delayed until to the assumption of office of the
                      successors. In case the number of members of the
                      membership committee falls below the defined minimum,
                      elections must be initiated promptly. A member of the
                      membership committee can on important grounds be
                      dismissed by vote of the board of trustees at any time after
                      consultation with the board of directors and the respective
                      member. This decision requires a majority of all members of
                      the Board of Trustees, not only of the voting members. The
                      member concerned is not entitled to vote.

            12.4  By way of derogation from the rules for voluntary work (§ 6
                      paragraph 2 sentence 1), the members of the membership
                      committee can be commensurately refunded with up to 0.5%
                      of the financial resources of the foundation, if otherwise its
                      appropriate staffing is at risk– in case the foundation’s means
                      permit this, and the ability to fulfill the foundation’s objects is
                      not substantially hampered. Further details are to be decided
                      by the board of directors, need to be published immediately,
                      and will enter into force not before one month after
                      publication.

            12.5  Details on admittance and exclusion from the membership
                      committee shall be regulated in the bylaws which are enacted
                      by the board of directors. Changes to these bylaws need to
                      decided by the board of directors and require the affirmative
                      vote by the Board of Trustees members to come into effect.

            12.6  The members of the first membership committee and the
                      chairperson of the membership committee are defined in the
                      act of formation. The term of office of the first membership
                      committee is two years.



    § 13 Advisory Board

            13.1  The advisory board counsels, supports, and submits proposals
                      to the board of directors. The board of directors shall consider
                      the advisory board statements, but is not bound to them.
                      Advisory board and board of directors shall have one joint
                      annual meeting.

            13.2  The advisory board consists of representatives from
                      organizations (companies, authorities, trade interest groups,
                      that have substantially contributed to the foundation, and are
                      appointed by the board of directors. Each of those
                      organizations can nominate one representative to the
                      advisory board, in exchange for an annual contribution,
                      determined by the board of directors.



    § 14 Sponsors and Associate Members

            14.1  Associate Members are natural and legal persons, who want to
                      support of the foundation's objects, but can not or do not
                      want to become formal members of the Board of Trustees.
                     Associate members do not form a body of the foundation.

            14.2  Sponsors are Associate Members who support the
                      foundation's objects primarily through financial or material
                      contributions. If desired, their names will be published on the
                      foundation’s website.

            14.3  A Sponsor can be a natural person, a private company, a legal
                      persona or an organization. Every private company, legal
                      persona and organization decides on a natural person as a
                      representative that is to be named to the Advisory Board.

            14.4  Associate members have no specific rights and duties (with
                      the exception of the rights specified in §14 section 3 sentence
                      2 of these statutes), specifically they do not have the right to
                      vote.

            14.5  The membership committee decides about admission of
                      associate members based on the application for admission.
                      Associate members are effectively named for one year from
                      the beginning of the quarter following the decision of the
                      membership committee. There is no legal right to a decision
                      within a certain period of time, but the decision is to be taken
                      within a quarter. The associate membership ends upon expiry
                      of the term of office and upon death (for natural persons) or
                      upon termination (for partnerships, legal entities and
                      organisations) and upon resignation, which is permissible at
                      any time.



    § 15 Minor changes to the statutes

            15.1  The board of directors can change the statutes only to the
                      extent that the foundation’s objects remain unaltered, and
                      changes don’t materially affect the original character of the
                      foundation, and facilitate the fulfillment of the foundation’s
                      objects.

            15.2  Resolutions modifying the statutes need approval of the
                      foundation authorities, prior to becoming effective.
                      A statement from the responsible tax authority is to be
                      acquired.


    § 16 Expansion and change of objects, Merger, Liquidation,
             Conversion, and other changes to the statutes


            16.1  Under no circumstances may the Foundation original objective
                      change, as described in § 2.

            16.2 The foundation bodies can add further objects to the
                      foundation, if they are related to the original object, and the
                      continued and sustainable pursue of those objects are not
                      influencing or hampering the original objects- provided the
                      foundation’s general foundations assets or revenues are only in
                      part required for the fulfillment of the original objects.

            16.3  An amendment of the objective of the foundation, the
                      merging, the annulment and the change of the legal form are
                      subject to the provisions of the Foundation Act of Berlin.

            16.4  Resolutions about changes other than those mentioned in
                      §15 paragraph 1, including those according to §16 paragraphs
                      2 and 3 can only be conducted via in-person meetings of the
                      entire board of directors. Those resolutions need unanimous
                      approval of the entire board of directors, and a simple majority
                      of all members of the board of trustees (not only the voting
                      ones). The equal status of the members of the board of
                      trustees is not modifiable. §15 paragraph 2 is to be respected.



    § 17 Devolution of property

            17.1  Upon abolition or dissolution of the foundation, nobody has a
                      right of reimbursement for the assets they might have
                      contributed.

            17.2  Upon abolition or dissolution of the foundation, or upon
                      cancellation of its charitable status, the property shall devolve
                      to Free Software Foundation Europe e.V., in case of
                      non-existence to to the KDE e.V., who shall use it immediately
                      and exclusively for national and vocational education via
                      deployment of Free Software, as outlined in these statutes.



    § 18 Supervision of the foundation

            18.1  The foundation is subject to government supervision
                      according to the respective foundation laws in the Federal
                      State of Berlin, Germany.

            18.2.  The foundation's supervisory authority is the
                       Senatsverwaltung für Justiz in Berlin, Germany.

            18.3.  The foundation supervisory authority is, on request as
                       mandated by law, to be informed about Foundation matters
                       at any time. The members of the board of directors are by
                      § 8 StiftG Bln required to provide the supervisory authority
                      with:
                              (a) documentation and proof (Election protocols,
                                   documents, reports of acceptance or withdraw, other
                                   proof) on every change in any body of the foundation,
                                   including the responsibilities within the bodies, as well
                                   as the postal address of the foundation and the home
                                   addresses for all members of the representative body.

                              (b) the annual report needs to be prepared according § 8 No. 2
                                   and provided within four months after the end of the
                                    financial year; the decision of the board of directors should
                                    be added to it.

            18.4  Any decision on changes of the statutes, the devolution of the
                      foundation or its merger with another Foundation require the
                      approval of the supervisory authority. The approval is to be
                      applied for at the supervisory authority by the members that
                      are authorized to represent the foundation, as defined
                      in § 8.1.