Constitution of foundation/stiftelse

This is a proposal for a constitution for a foundation that, in collaboration with DNBF, will own property and buildings for 1) a retreat center, 2) home for bhikkhunis, and 3) home for bhikkhus.

Using the organisational form of a Norwegian foundation (in Norwegian language: stiftelse) defines a purpose and makes the property subject to the Foundations Act and public supervision, which protects the purpose and creates long-term predictability.

A Norwegian foundation (stiftelse) is a self‑owning legal entity created when assets are permanently dedicated to a specific purpose under the Foundations Act. Unlike an English or Australian trust, it has no beneficiaries and no owners; the foundation itself owns the property and the board must run it solely for its stated purpose. It is a general‑purpose vehicle that can hold real estate and operate a centre indefinitely, with the purpose locked in the constitution and protected by law.

A Norwegian foundation is the alternative most similar to the English and Australian trusts.

1. ‘Bhikkhuni’ is a female Buddhist monastic, who has full ordination and lives according to the vinaya.

2. ‘Bhikkhu’ is a male Buddhist monastic, who has full ordination and lives according to the vinaya.

3. ‘Vinaya’ are written rules of life and procedures laid down by the Buddha to regulate a full-time training for bhikkhunis and bhikkhus.

4. ‘Buddha’ is the historical figure Siddharta Gotama, who lived in India about 2500 years ago. He established a teaching and practise which today is called Buddhism.

1. The name of the foundation is: Den Norske Buddhistiske Eiendomsstiftelse (The Norwegian Buddhist Property Foundation), with organization number NO 123 456 789, hereinafter referred to as ‘the foundation’.

2. The financial year runs from 1st of January to the next 31st of December.

1. The foundation has no owners and does not have members with their own rights in the organization, which means that the foundation is a self-owning legal entity.

2. The foundation’s most important task is to carry out its purpose. This means that all decisions made by the foundation must be in the interest of the purpose. It is the board of the foundation, together with the purpose council, that is responsible for managing the foundation in a way that serves this purpose.

3. The State Foundation Authority protects the foundation by supervising that the administration is carried out in accordance with the foundation’s constitution and the Foundations Act, and can intervene with orders, dismiss board members or initiate an investigation if the constitution is violated.

4. The foundation must be registered in the Register of Foundations and comply with the Foundations Act and other Norwegian legislation.

1. The purpose of the foundation is to own, manage and develop real estate, buildings, inventory, financial resources and other resources that will form the long-term basis for Buddhist practice, teaching and associated activities. In particular, the foundation shall facilitate 1) a home for bhikkhus, 2) a home for bhikkhunis, 3) a retreat center. For these three areas, associated buildings and parts of the property must be defined.

2. The foundation is subject to Norwegian law, and shall ensure equality between men and women in general − and in particular provide for both bhikkhunis and bhikkhats. The foundation is recommended to draw inspiration from the UN’s Universal Declaration of Human Rights when making decisions.

3. The foundation shall protect two groups in particular: 1) bhikkhus, 2) bhikkhunis. The foundation shall ensure self-government for the activities of the groups, and the groups have the right to live and decide over their defined area of the property within the purpose of the foundation.

1. The foundation can enter into an agreement with a voluntary Buddhist society regarding the operation and use of the retreat center.

2. The cooperating society at the establishment of the foundation is: Den Norske Buddhistforening (The Buddhist Society of Norway), with organization number NO 926 722 522, hereinafter referred to as ‘the society’.

3. The society must be an independent legal entity with members. The society does not have ownership rights to the foundation’s property.

4. The right to use the retreat center shall be regulated in a separate written agreement between the foundation and the society.

1. The foundation shall have a board of between 1 and 6 members. The board is the foundation’s highest body and has the overall responsibility for the foundation’s management.

2. Board members may be elected for a period of up to 4 years. A board member may be re-elected.

3. The constitution of the foundation is binding on the board, which must make decisions that align with the foundation’s purpose and the Foundations Act.

4. Changes or decisions that directly or indirectly entail a significant change in the fundamental areas, rights, autonomy, use of housing, access to the foundation’s property or internal activities may not be carried out without the consent of the representative of the purpose council.

1. The foundation shall have a special body called: The Purpose Council.

2. The purpose council shall contribute to protecting the long-term purpose of the foundation and in particular the rights of the two groups: 1) bhikkhus, 2) bhikkhunis.

3. The purpose council shall consist of two persons, one from each group: 1) the leading bhikkhuni, 2) the leading bhikkhu, both of whom are chosen according to the vinaya. Leading bhikkhuni and leading bhikkhu are appointed for life, or until they themselves choose to resign from the purpose council.

4. The leading bhikkhu at the foundation is: Bjørge Nitho Berg, born 11th of June 1970. Until a leading bhikkhuni has been elected, a qualified external bhikkhuni or, if this is not possible, a woman with relevant competence, may act as an advisor to the leading bhikkhu in the purpose council. Such an adviser does not have the right to vote in the purpose council.

5. The purpose council shall:

a. Supervise that the foundation’s activities over time are in accordance with its purpose.

b. Monitor that the fundamental rights of the two groups are respected, and deal with conflicts of principle between the groups.

c. Elect the board members, the chairman of the board and, if applicable, the general manager, and determine any remuneration.

d. Be able to dismiss board members and general manager who significantly neglect their duties in the exercise of their duties, or be able to dismiss board members and general manager who are no longer members of the cooperating society.

e. Be able to ask the board to deal with matters of importance to the foundation’s purpose, and be able to provide guiding statements to the board.

f. Elect the foundation’s auditor, and determine any remuneration.

g. Be able to provide an opinion on the annual accounts and report.

h. Be able to terminate the agreement with the cooperating society.

i. Decide on an investigation.

j. Decide on changes to the foundation based on a proposal from the board, such as amending the constitution.

6. The purpose council shall not take over the responsibility that lies with the board pursuant to the Foundations Act.

7. The purpose council has a quorum when both members of the purpose council participate in the consideration of the matter. A decision requires unanimity and is only valid if both members of the purpose council vote in favour of the proposal.

8. If one of the members of the purpose council has not been elected, has resigned or the office is otherwise vacant, the purpose council shall constitute a quorum with the remaining elected member alone until a new member has been elected. During this period, the remaining member may make decisions alone, but may not make decisions that significantly weaken the rights of the vacant group, and shall also work to find and elect a new member to the purpose council.

9. When the two members of the purpose council in a matter do not reach unanimity, the matter shall be postponed for at least 14 days. During this period, both members shall be given the opportunity to present their views and proposals for solutions. Both members should also consult with the other bhikkhus and bhikkhunis who live on the property. If an agreement is still not reached, the matter shall be resolved through voluntary mediation with an independent and impartial mediator.

If the case concerns 1) the purpose of the foundation; 2) fundamental rights of the bhikkhus and bhikkunis, 3) the provisions governing the authority of the purpose council; 4) the sale, mortgaging or substantial alteration of the property, 5) dissolution or conversion of the foundation, a mediator may not make a decision that replaces the unanimous decision of the purpose council.

1. The foundation is both subject to the bookkeeping obligation and the accounting obligation in accordance with the law, and accounts must be kept and annual accounts prepared in accordance with Norwegian laws.

2. Bank accounts shall be associated with the foundation and shall be in the name of the foundation, and financial resources shall not be invested in a manner that may result in financial loss. The foundation can provide bank cards for all groups.

3. The chair of the board and one board member have the right to sign together, and if one or more spiritual leaders are on the board, one of these shall be part of the right to sign. These two must also sign for payments in the bank.

4. The foundation shall seek to save up and maintain a financial reserve capital that makes it possible to maintain the property and the basic business through an extended period of reduced or lapsed income and donations.

5. The foundation shall also seek to save up and maintain a maintenance capital, which shall cover costs the foundation knows will come in the near future for the maintenance of property.

6. When the reserve capital and maintenance capital exceed the set target, the excess funds may be used for investments or distributions in accordance with the purpose of the foundation.

6. The foundation may not grant loans to other persons or organisations.

7. The foundation’s spending should be prudent and moderate.

1. Both the cooperating society, bhikkhus and bhikkhunis can submit proposals for distributions of funds for purposes within their part of the foundation’s purpose. The board shall consider such proposals and make decisions in accordance with the law, purpose, constitution and the foundation’s financial situation, and may seek advice from the purpose council.

2. Before deciding on a distribution, the board shall assess the foundation’s financial position, liquidity, expected income and costs, as well as the need to ensure the foundation’s continued operation and realization of its purpose. Distributions may only be approved when the board considers that they can be carried out without jeopardising the foundation’s prudent operation or ability to fulfil its purpose.

3. Distributions can only be given to cooperating society, cooperating foundations, bhikkhunis, bhikkhus. When proposing a distribution of funds to a group, the group in question must determine its own priority purpose.

4. The basic capital, reserve capital, or saved maintenance capital cannot be used for distributions. Property, buildings, land, equipment, inventory cannot be used for distributions either.

1. The foundation may hold funds paid in on behalf of the cooperating society, bhikkhus, and bhikkhunis; these funds shall be kept separate from the foundation’s other funds for accounting purposes and do not constitute a donation to the foundation. The foundation cannot use these funds for other purposes, nor can it transfer these funds to another group.

2. When establishing the fund, the group itself decides what legal purposes the funds can be used for, and if so, when. The fund’s purpose cannot be changed retrospectively.

3. The funds must be kept in a bank account and invested in a way that cannot result in financial loss. The group must have read-only access to the bank account in online banking. The foundation shall disburse the funds to the group upon written request, and ensure that the disbursement is made for the defined purpose.

4. Interest income is added and expenses are debited from the fund’s bank account.

1. The foundation shall strive for buildings with a solid standard and little need for maintenance.

2. The foundation’s buildings shall be managed long-term and with a view to also being able to serve the foundation’s purpose for future generations.

1. The foundation’s retreat center can be rented out to external persons, organisations and businesses when the rental is compatible with the foundation’s purpose.

2. Rentals shall be organised in such a way that the foundation’s basic purpose as a home and residence for bhikkhus and bhikkhunis is maintained, and rentals do not include the defined areas for bhikkhus and bhikkhunis.

3. Renting shall not result in the the bhikkhus’ or bhikkhunis’ permanent residences, necessary common areas, or necessary areas for practice having to be vacated, unless the affected group consents.

4. Rental may also be made to organisations that are not Buddhist, provided that the activity is compatible with the foundation’s purpose, does not conflict with Norwegian law and does not significantly impair the character of the retreat center or the use of the property for Buddhist practice.

5. The rental must be time-limited, and the board alone can agree on a maximum duration of 3 weeks. Rentals beyond 3 weeks must be approved by the purpose council.