Charter of the Dr. Magnus Hirschfeld Foundation (1918)

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Rooms of the WhK in the Institute for Sexual Science, 1919-1933

Excerpts from the final draft of the Hirschfeld Foundation's charter, as approved by the Berlin Police President. Text according to a file copy found in the restitution proceedings' file. Copies provided by Manfred Baumgardt. First printed in Mitteilungen der Magnus-Hirschfeld-Gesellschaft, >Heft 19, November 1993. This was appendix 1 to the >report  given by the Magnus Hirschfeld Society to the International Gay and Lesbian Human Rights Commission (IGLHRC) for the Washington Conference on Holocaust Era Assets on the insufficient restitution for the loss of the >Institute for Sexual Science.

§ 1 [Establishment]   (...)
§ 2 [Purpose] § 9 [Financial management]
§ 3 [Assets] § 10 [Dissolution]
§ 4 [Board] § 11 [Alterations]

§ 1 top

The undersigned Magnus Hirschfeld, M.D., general practitioner and physician of merit, herewith establishes a foundation in Berlin, which is named "Dr. Magnus Hirschfeld Foundation" and has its headquarters in Berlin.

§ 2 top

The purposes of the foundation are

  1. to support the scientific exploration of all aspects of sexual life, especially its variants, disorders and anomalies
  2. to disseminate educational information in a suitable manner about the results of scientific research in this subject area

§ 3 nachoben

The assets of the foundation consist of

  1. 30,000 marks (in words: thirty thousand marks), which are donated to the foundation by Dr. Hirschfeld in the form of gilt-edged securities;
  2. bequests devolved upon the foundation, subject to any requisite state approval.
  3. amounts which are transferred by a third party for the purposes stated in § 2, subject to any requisite state approval.

The 30,000 marks listed in a) form the basis of the foundation, to which all other amounts are added.

Only the interest from the capital is to be used to serve the purposes of the foundation, except in the case of donations where the donor expressly determines something else.

To start with, administrative costs are to be covered by the interest income.

If the interest from one year is not used, a reserve is to be created from which the foundation's expenses in the following years are to be covered, as necessary, if the annual interest is not sufficient.

§ 4 nachoben

is changed to the effect

that Dr. Magnus Hirschfeld is the only president of the foundation during his lifetime, and after his death a committee determined by him will take his place.


§ 9 nachoben

The foundation's securities are to be deposited at the Reichsbank with the exception of the interest certificates and renewal certificates, which are to be held in safekeeping jointly by the president and the treasurer of the board.

If it is necessary to exchange the securities or other assets as a result of cancellation or for other reasons, the funds should be reinvested in gilt-edged securities, and they should be held in safekeeping again according to paragraph 1.

§ 10 nachoben

If the foundation is dissolved by the responsible authority in accordance with § 87 German Civil Code (BGB), or if it comes to an end in some other way, the foundation's assets should be donated to the University of Berlin, or, if it refuses to accept the assets, to another institution of higher education to be determined by the German Prussian ministry of education and the arts or the central authority on university affairs which takes its place. This donation is given with the condition that it is to be used as the basis for establishing a full professorship in sexual science.

If, according to this document, the educational ministry is to determine the institution of higher education, those institutions where no such professorship already exists should receive first consideration.

§ 11 nachoben

If the foundation should be assigned another purpose in accordance with paragraphs 7 and 8 BGB, I wish its purpose to be in the service of sexual hygiene.


Berlin NW 40, In den Zelten 19, December 4, 1918

signed Dr. M. Hirschfeld
Physician of Merit (Sanitätsrat)

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