Art. 1 Name and Registered Office

Under the name "LetsFamily Stiftung," a charitable foundation is established in accordance with Art. 80 et seq. of the Swiss Civil Code (ZGB). The foundation is politically independent and may appear under the following language variants:

​

• English: LetsFamily Foundation

• French: Fondation LetsFamily

• Italian: Fondazione LetsFamily

​

The foundation is domiciled in Zug. The Board of Trustees may relocate the registered office to another location in Switzerland with the consent of the supervisory authority.

 

Art. 2 Purpose and Objectives

The foundation aims to support and inform all (expecting) parents of young children residing in Switzerland or Liechtenstein—i.e., individuals who are expecting a child or whose youngest child has not yet reached the age of six—hereinafter referred to as "beneficiaries." In particular, it provides them with basic knowledge, guidance, and tools on the topic of “First Aid for Pregnant Women, Babies, and Young Children.”

The foundation operates on a charitable basis and does not pursue any commercial or self-help purposes.

 

Art. 3 Implementation of Purpose / Regulations

The Board of Trustees may issue one or more regulations concerning the foundation's organization and the implementation of its objectives. These regulations and any amendments must be submitted to the supervisory authority.

​

As long as no regulations exist, the Board of Trustees shall decide at its due discretion on the allocation of foundation benefits within the scope of its purpose.

 

Art. 4 Assets and Resources

The founder, Present-Service Henckel von Donnersmarck & Co., located at Chollerstrasse 3, 6300 Zug, provides the foundation with an initial capital of CHF 50,000 in cash.

​

Additional contributions to the foundation by the founder or other individuals are possible at any time.

​

The foundation's assets are to be managed in accordance with generally accepted commercial principles.

​

The Board of Trustees determines the use of the foundation's assets and income. It is authorized to use the assets to fulfill the foundation’s purpose, subject to statutory provisions and any directives from the supervisory authority. This also applies to the limitations of individual investments and the overall restrictions on asset allocation.

 

Art. 5 Financial Statements

The financial year ends on December 31 of each year.

If circumstances require, the closing date may be changed with the approval of the supervisory authority.

​

The foundation must submit the annual financial statements, activity report, audit report, and minutes of the Board of Trustees' approval meeting to the supervisory authority within six months after the end of the financial year.

 

Art. 6 Governing Bodies

The governing bodies of the foundation are:

• the Board of Trustees

• the auditor, unless the foundation is exempt from this requirement by the supervisory authority

​

The Board of Trustees may appoint a managing director who does not have to be a board member. Tasks and responsibilities of the management office will be defined in a regulation.

 

Art. 7 Board of Trustees

The Board of Trustees consists of at least three members. The first members are appointed by the founder, namely:

​

• Mr. Nikolaus Henckel von Donnersmarck, of Baden, residing in Vienna, President

• Ms. Katja Berlinger, of Ganterschwil, residing in Küsnacht ZH

• Prof. Dr. Med. Philippe Schucht, of Zurich

​

Thereafter, the Board of Trustees is self-perpetuating. The position of president should, if possible and as long as it exists, be held by a personally liable partner of Present-Service Henckel von Donnersmarck & Co.

​

The Board of Trustees leads the foundation in accordance with the law, the deed of foundation, and any regulations, and exercises its discretion duly.

​

Board members are appointed for a term of one year. If a member resigns, a successor must be appointed within six months. The possibilities and procedures for removal are governed by a separate regulation.

​

The Board of Trustees constitutes itself. It represents the foundation externally and appoints the persons authorized to sign on its behalf. Only collective signature by two persons is permitted. Rules on conflicts of interest will be outlined in a separate regulation.

​

The Board meets as often as business requires, but at least once a year. Any member may request a meeting within six weeks, stating the reasons. If no member requests oral discussion, decisions can be made via circular resolution (including email). Such decisions require a majority of all board members.

​

The board has quorum if the majority of members are present. Meetings may also be held virtually via phone or video conference, provided all participants can be clearly identified. Resolutions are passed by simple majority. In case of a tie, the president has the casting vote. Minutes of all meetings must be kept.

​

Board members generally serve on a voluntary basis. Reimbursement of expenses is allowed. Reasonable compensation may be paid for tasks beyond ordinary board duties.

 

Art. 8 Auditor

The Board of Trustees appoints an auditor to carry out the legally required audits.

The supervisory authority may grant an exemption from the audit requirement if the legal conditions are met.

 

Art. 9 Amendments

Requests for amendments to the organization or purpose of the foundation in accordance with Art. 86a ZGB must be submitted by the Board of Trustees to the competent supervisory authority.

​

Subsequent amendments to the purpose by the founder are permitted within the bounds of the law, provided the charitable nature of the foundation is maintained.

 

Art. 10 Data Protection

The foundation collects personal data from beneficiaries as well as donors and supporters that are necessary to fulfill its objectives. The Board of Trustees ensures appropriate data security based on risk. The processing of personal data is otherwise governed by Swiss data protection laws and the privacy policy published on the foundation's website.

 

Art. 11 Liquidation

The dissolution of the foundation may be proposed to the supervisory authority by the Board of Trustees if the available resources no longer allow for effective pursuit of the foundation's purpose.

​

Any remaining assets must be allocated to a tax-exempt institution in Switzerland with the same or a similar purpose. A reversion of assets to the founder or their legal successors is excluded under all circumstances.

​

The approval of the supervisory authority is required for the dissolution and liquidation of the foundation.

​

Zug, June 26, 2024