Trust » Read the Notarial Deed of Trust


NOTARIAL DEED OF TRUST

of the

CATS UNLIMITED WILDLIFE FOUNDATION


BE IT HEREBY MADE KNOWN

That on the dates set out at the foot of this Notarial Deed before me ANDREAS VAATZ, Notary Public of Windhoek, Namibia by lawful athority duly sworn and admitted and in the presence of the undersigned witness personally came and appeared.

JOHANN RICHARD VAATZ


( hereeinafter refereed to as "The Founder" and herein acting on behalf of all Truestees hereinafeter to be nominated in this Trust )

And the appearers desclare as follows:

WHEREAS:

  1. Namibia is the Habitat of rare predators such as the Leopard, Cheetah, brown Hyena, Lion, etc.
  2. It is desirable that these predators are preserverd, that their habits and life style are studied and that the public acquainted with the life pattern they presume when in a natural environment
  3. The need has thus arisen to create a Foundation with its objects of promoting and the education about but also the conservational study of Namibian wild life.
  4. The parties have agreed to form such Foundation


NOW THEREFORE THE APPEARERS DECLARE THAT:

  1. ESTABLISHMENT
    There shall be established a Foundation to be know as the Cats unlimited Wildlife Foundation ( hereinafter referred to as "The Foundation" ). The Foundation shall be a body corporate having an existence indepentent of its members with perpetual succession, capable of owning and holding property in its own name and of instituting of defending any legal proceedings in such name and the individual Trustees shall not be liable to meet any debts, engagements or liabilities of the Foundation.


  2. OBJECTS
    1. To receive and collect any monies donated to the Foundation and to receive any other funds or income paid to the Foundation and to apply such monies to any or all of the following objects:
    2. To promote, arrange and or financially contribute to the conservation and scientific study of Namibian predators.
    3. To promote, and educate the public about the behaviour and life pattern of Namibias predators


  3. POWER OF TRUSTEES
    1. To accept and invest the funds of the Foundation from time to time upon such security and in such manner as they in their entire descretion consider to be in the best interest of the Foundation.
      Without limitation to their general powers, they shall have the special power to lend or donate moneys from time to time out of the Foundation in accordance with its objects, and generally to deal with such moneys as they in their descretion think proper to further the objects of the Foundation.
    2. to open bank accounts in the name of the Foundation and to operate on such accounts by way of deposits and widthdrawals, as may be necessary for the proper conduct of the financial affairs of the Foundation. All cheques, promissory notes, bills of exchange and other documents which may be required in connection with any bank accounts opened by the Trustees, or for financial administration of the Foundation, shall be signed on behalf of the Foundation by such persons as may from time to time be appointed by the Trustees.
    3. From time to time, at the discretion of the Trustees, to borrow by way of overdraft or loan, for purpose of the Foundation and if necessay, to pledge any of the Foundation assests or to guarantee any debt or obligation of another persons or institution.
    4. To purchase, take on lease or acquire, whether by donation or otherwise, any movable or immovable property, rights or privileges which may be considered nessary or useful to further the objects of the Foundation or which may be capable of being profitably dealt with in connection with any of the Foundation's projects.
    5. To sell, donate or otherwise dispose of any movable or immovable property for such conservation or on such terms as may be considered proper.
    6. To lend and invest moneys of the Foundation on mortage ( including any participation therein ) and in stocks, shares, debentures or any other invetments equities or securities or other investments as the Trustees may deem fit.
    7. To institute, conduct, defend, compound or abandon any legal proceedings by or againgst the Foundation or its officers, or otherwise concerning the affairs of the Foundation, and also to compound and allow time for payment or satisfaction of any debts due to the Foundation and of any claim or demands by or against the Foundation.
    8. Enter into constructs and incur any expenses for or in connection with the administration of the Foundation.
    9. To do all such acts and deeds as the Trustees deem neccessary or expedient for the Foundation and for the attainment of its objects.


  4. APPOINTMENT OF TRUSTEES
    The Trustees shall be : -
    1. Johann Richard Vaatz
    2. Fritz Flachberger
    3. Dr. Ulf Tubesing


    Each Trustee may appoint an alternative to take his place meetins when he unable to attend.

    The Trustee may from time to time appoint three of their members to become the "executive Trustees" who shall then be responsible for the day to day administration of the Foundation and shall have all powers required to attend to the daily administration of the Foundation.


  5. PROCEEDINGS OF TRUSTEES
    1. The Trustees shall meet at least twice in each year. At all meetings three members shall form a quorum. Minutes of such meetings shall be kept in a Minute Book kept specially for that purpuse.
    2. At the first meeting of the Trustees they shall elect a Chairman Deputy-Chairman who shall be elected each year. All meetings or the Trustees shall be presided over by the Chairman and failing him by the Deputy-Chairman. In the event of neither the Chairman nor the Deputy-Chairman being present, the Trustees present shall elect one of their members as Chairman to preside over the meeting.
    3. The Chairman of any meeting shall have a deliberative vote only.
    4. A Resolution in writing signed by all the Trustees for the time being shall be as vaild and effectual as if it had been passed at the meeting of Trustees duly called and constituted.


  6. SECRETARY OF THE FOUNDATION
    The Trustees may appoint any person either fromn amongst their number or otherwise, as Secretary to the Foundation and may assign to such person so appointed such duties, as they in their discretion consider necessary or desirable. The remuneration, if any, to be paid to such Secretary, shall be determinded by the Board from time to time.


  7. REGISTER OF DONORS AND KEEPING OF ACCOUNTS
    The Trustees shall keep and maintain a register showing the names of donors to the Foundation and their address as supplied by the donors.
    The Trustees shall cause proper books of accounts to be kept of the Foundation and shall ensure that these are audited each year. A statement of the assests and liablilities of the Foundation and income and ependiture account and statement of the manner in which the income of the Foundation has been dealt with, shall be prepared by the Trustees at the end of each financial year, which shall be reckoned form the 1st of January to the 31st of December, and shall be made available to the donors on request with a view to keeping alive to interest of donors in the affairs of the Foundation and in the various ways in which resources are being utilised to promote its objects


  8. SECURITY
    Neither the First Trustees nor any of the subsequent Trustees shall be obliged to give security to the Master of High Court or any other official, for the due administration by them of the Foundation, or any other purpose.


  9. COMMITTTEES AND NOMINEE COMPANY
    1. The Trustees may from time to time appoint from their number sub-committee of ONE (1) or more members, and may delegate to any sub-committee any of the poweres vested in the Truestees by this Foundation Deed.
    2. The Trustees may form and have registered a Close Cooperation or other company for the purpose of holding the investments of the Foundation from time to time.


  10. REMUNERATION AND EXPENSES
    The Trustees shall receive no fees for their service but may out of the income of the Trust pay such expenses, including their own expenses, as in their opinion are necessary for the carrying out of the business of the Foundation.


  11. INDEMNITY
    No Trustees shall be in any way liable for any loss damage, that may be suffered by the Foundation, either as the result of any investment of any of the funds of the Foundation, or through any act or omission either of himself or of any other Trustee in the execution of the duties of the Trustees under this Deed of Foundation or in relation thereto, unless loss has occurred to the Trust thought fraud or dishonesty.


  12. WINDING UP
    Should the Foundation be wound up for any reason the trustees shall donate the assets of the Trust to an institution with objects simliar to these of the Foundation.


  13. AMENDMENT OF DEED
    The provisions of the this Trust Deed may be amended or added to by the unamimous decision of all the Trustees taken at a meeting of the Trustees at which all Trustees or their alternates are present, provided in the notice calling such meeting the proposed amendment is set out.


  14. NEW TRUSTEES
    The Trustees may by unanimous vote elect new and additional Trustees to the Foundation. In the event of one Trustee resigning or becoming incapacitated or for a period of more than two years no longer attending meetings or showing any interest in the Foundation the remaining Trustees shall appoint another suitable person as Trustee in the place as such Trustee.


Thus done and signed at Windhoek on the 30 day of May 2000 in the presence of the undersigned witnesses.

AS WITHNESSES:
Johann Vaatz

A. Vaatz, QUOD ATTESTOR
[ Andreas Vaatz, Notary Public Windhoek, Namibia ]




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