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-sourcesoftware by maintaining a mobile operating system with associated applications and services, and making it available on diferent mobile devices. This software shall be made available to the public (including for-proft companies and public authorities) freely and without restrictions, other than restrictions that protect the freedom and openness of that software in the future.

Objectives

1.      Name, legal form, domicile and business year

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

1.2.    It has its registered seat in Berlin. Business year is the calendar year.


2.      Object of the foundation

2.1.    By furthering Open Source Software (“OSS”) 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 or 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 of any single
                 vendor in a process open to the equal participation of competitors
                 and 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 or through intermediaries, in particular, but not limited to, via:

          (a)   publication of software;

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

          (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 throughm 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 feld 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 fnancial 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.       (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


3 .    Non-Profit Character

3.1. The foundation shall exclusively and directly pursue charitable objects
        as defned by the section “Steuerbegünstigte Zwecke” (tax benefciary
        objects) of the German general tax code.

3.2. The foundation acts altruistically. It does not primarily focus on
        economic objects for its own benefit.

3.3. The foundation's 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 paragraph 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 fulfll its objects on a
        sustainable and continuing basis, shall be kept undiminished. The assets
        of the foundation are defned in the act of formation.

4.2. The assets shall be invested in a safe and proftable 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 causa, as well as free
        reserves as of § 58 No. 7a German general tax code, may be reallocated
        to the foundation’s assets.


5.    Usage of capital gains yield and donations

5.1. The foundation achieves its objects from the capital gains yield and from         donations which are not explicitly dedicated to grow the foundation’s
        assets. 

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 infation.

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 beneft from unreasonable high compensation or
        expenditure that is not within the objects of the foundation.         This especially applies to full-time staf 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; as well as

        (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 signifcantly afected.

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 directorsactions, 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 ofce 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 to
        achieve proportional representation through preferential voting
        (Single Transferable Vote system), employing the Meek method.         Candidates with the highest preference are deemed to have been
        elected until the predefned 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 notifed 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 infuences 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 ofce 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 fve, 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 ofce of the new board of directors. This clause does not
        apply to the first board of directors.

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 stafing 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 ofcers can be regulated.

7.7. The frst 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 ofce for the frst 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
        afairs. 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 fulfll the original will of the
        donor as efectively 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 fnancial 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 itschairperson, 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 confdential, if justifed by the
                subject matter. The resulting decisions though need to be published
                in due time, confdentiality ends, once the reasons for confdentiality
                cease;

        (d)  conficts 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 conficts 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 confict of interest situation is
        either settled, or a re-election of the entity has been initiated. To
        resolve the confict 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 hairperson
        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 theafected 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 confrmed 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 verifably 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, verifably, or testifed 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 verifcation 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, efective
           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 defnitive 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.


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 Trustee’s 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 Votesystem), 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, verifable 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 confict resolution. Complaints must be fled 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 notifes both appellants and the board of directors
           immediately. Beyond that, the membership committee notifes 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 efect 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
           confrmed that quorum. The membership committee has to validate
           the quorum requirements within a month, immediate notifcation 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 confrmed 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 stafed 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
           predefned 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
           notifed 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 ofce of the successors. In
           case the number of members of themembership committee falls
           below the defned 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 afrmative vote by the Board of Trustees
          members to come into effect.

12.6. The members of the frst membership committee and the chairperson
           of the membership committee are defned in the act of formation. The
           term of ofce of the frst 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 Advisary 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 efectively 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 ofce 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 efective. 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.   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 hampering the original
             objects- provided the foundation’s general foundations assets or
             revenues are only in part required for the fulfllment of the original
             objects. 

16.2.   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. 

16.3.  Resolutions about changes other than those mentioned in §15
            paragraph 1, including those according to §16 paragraphs 1 and 2 can
            only be conducted via in-person meetings of the entire board of
            directors. Those resolutions need unanimous consent ofthe 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 modifable. §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 withdrawl, 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 as defned in § 11 section 3; this needs to be
                    done within four months after the end of the business year; the
                    decision of the board of trustees 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 defned by § 8.1.