Articles of association dated 13 November 1992
(with amendments dated 18 June 2020)

PREAMBLE In his will dated 18 January 1961, University Professor Ludwig Haymann, MD, who died on 3 May 1962, expressed his wish to establish a foundation and to bequeath a substantial part of his estate to it.

This foundation has the following statutes:

§1

The name of the foundation is: ‘Professor Dr Ludwig Haymann Foundation’.

It is a public foundation with legal capacity under civil law with its registered office in Munich. The financial year is the calendar year.

§2

The Foundation pursues exclusively and directly charitable purposes within the meaning of the section ‘Tax-privileged purposes’ of the German Tax Code.

The purpose of the Foundation is the promotion of science and research and the promotion of public health and public health care.

The purpose of the statutes is realised in particular through the periodic awarding of a grant in the form of a sum of money. This grant is intended to enable the recipient to take up or continue scientific work in the field of ear, nose and throat medicine. Only work that is expected to lead to further scientific progress based on existing results should be funded. The funding is exclusively for this purpose.

The Foundation is a non-profit organisation and does not primarily pursue its own economic purposes. It may not favour any legal or natural person through expenditure that is alien to the purpose of the foundation or through disproportionately high support, donations or remuneration. The founder and his heirs shall not receive any benefits from the Foundation's funds.

The beneficiaries of the Foundation have no legal entitlement to benefits from the Foundation on the basis of these Articles of Association.

§3

The foundation is endowed with basic assets of approximately € 45,000 capital (= 3/20 of the founder's net estate). The basic assets are to be maintained permanently and undiminished.

Only the income from the foundation's assets may be used to endow the grant mentioned in § 2. The grants are to be awarded annually and are endowed with at least € 2,500 each. If the income in a financial year is not sufficient to award a grant of € 2,500, then no grant will be distributed in this financial year and the amount will be added to the income of the next financial year. This shall apply mutatis mutandis in the event that no endowment proposal is submitted to the awarding body within a financial year or the endowment proposals submitted do not fulfil the award criteria and an award is therefore not made in the financial year in question.

The Foundation's funds may only be used to fulfil the Foundation's purpose. No profit shares may be distributed from the Foundation's income to legal entities or natural persons. Nor may anyone be favoured by expenses that are alien to the purpose of the foundation or by any disproportionately high remuneration.

§4

The Foundation is administered free of charge by the ‘German Society for Ear, Nose and Throat Medicine, Head and Neck Surgery’. The legal representatives of the Foundation are the President, the Deputy President, the Secretary General, the Secretary and the Treasurer of this organisation, who form its ‘Executive Board’ in accordance with the provisions of the organisation's statutes (currently §11).

The Chairman of the Board of the Foundation is the President of the ‘German Society for Ear, Nose and Throat Medicine Head and Neck Surgery’.

The Foundation's Board of Directors works on an honorary basis. Cash expenses can be reimbursed.

The Board of Directors of the Foundation passes the resolutions necessary for the management of the Foundation by a simple majority of votes. Written votes by circulation are permissible.

Each member of the Board of Directors is authorised to represent the Foundation in and out of court.

Should the statutes of the German Society for Otorhinolaryngology, Head and Neck Surgery be amended in their provisions on the composition of the ‘executive presidium’ consisting of the respective president, deputy president, secretary general, secretary and treasurer, the foundation supervisory authority shall decide whether and in what form this amendment shall also be adopted for the Foundation. Should the German Society for Otorhinolaryngology, Head and Neck Surgery cease to exist, the state foundation authorities shall determine how the Foundation Board is to be formed.

§5

The awarding of the grant for the best scientific work(s) in the field of ear, nose and throat medicine worthy of support within the meaning of § 2 shall be decided by an award committee, excluding legal recourse, which is composed of the respective Presidium of the German Society for Otorhinolaryngology, Head and Neck Surgery (§ 10 of the statutes of this society) and the respective holder of the Chair and Clinic for Ear, Nose and Throat Diseases at the Ludwig Maximilian University of Munich. Any member of the German Society of Otorhinolaryngology, Head and Neck Surgery is entitled to nominate candidates. The decision of the award committee is made by a simple majority vote. In the event of a tie, the Chairman of the Foundation shall have the casting vote. Votes may also be cast in writing by circulation. The decision shall be deemed to have been reached if at least two thirds of the members of the awarding body have cast their votes.

The decision on the awarding of funding is based exclusively on the scientific quality of the existing research work and the prospect that it is likely to lead to further scientific progress in the future.

§6

If the Foundation is dissolved or if tax-privileged purposes cease to exist, the assets of the Foundation shall be transferred to the German Society for Ear, Nose and Throat Medicine, Head and Neck Surgery, based in Bonn (VR 3997), which shall use them directly and exclusively for charitable purposes (see § 2 above).

§7

The foundation was approved on 2 July 1993 by the Bayer. State Ministry for Education, Culture, Science and the Arts.