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Chapter VI: Modification, Lasting and Reversion (art.38-42)

  1. 38. ARTICLE.- The Patronage may foster the modification of the Statutes in force if this is considered convenient for a better fulfilment of the Foundation's objectives. The modification agreement shall be agreed by a vote in favour of two thirds of its members.
  2. 39. ARTICLE.-
    1. 1.-The modification agreement shall include necessarily the following terms:
      1. A) Clear explanation of the cause for the modification.
      2. B) Justification of the fulfilment of the requisite established in the previous article.
      3. D) Content of the modification of the Statutes in force.
      4. E) An economic report on the feasibility of the modification and a program explaining how to adapt the equipment if it is necessary.
    2. 2.- The competent body will adopt the appropriate agreement which, if it means the acceptance of the proposal, will be included in the Basque Country Private Cultural Foundations Register.
  3. 40. ARTICLE.- The Foundation shall come to an end:
    1. A) If the provisions of the constituent deed or of the Statutes in force are revoked, altered or modified by any person, authority or jurisdiction other than the Patronage and without the express consent of this Patronage.
    2. B) If the case is given that any body, authority or Court had tried to interfere, limit, alter, modify, hinder or in any other way, not to respect, observe, safeguard and fulfil the wish of the Foundation members, established in these Statutes.
  4. 41.ARTICLE.- The proceedings initiated to terminate the Foundation will necessarily include:
    1. A) A clear explanation of the causes for the termination.
    2. B) The Foundation's Balance Sheet.
    3. C) The proposal of the liquidators appointment, the program explaining their actions and the distribution project of the properties making up the Foundation's patrimony or the sale of products hereof, which the Patronage will carry out freely, making use of the Foundation's patrimony as if it was its own funds, although the necessary authorisations imperative by law shall be required following the procedure established in the Private Cultural Foundations Acts.
  5. 42. ARTICLE.- The reversion of all the Foundation's properties, not only those provided by José Miguel de Barandiarán, but also those belonging to Eusko Ikaskuntza-Sociedad de Estudios Vascos, will be carried out in case of dissolution in favour of Eusko Ikaskuntza-Sociedad de Estudios Vascos. If Eusko Ikaskuntza-Sociedad de Estudios Vascos had been dissolved before the Foundation, its patrimony having reverted to the institutions determined in the Society statutes, the Work provided by José Miguel de Barandiarán will return to him or to his heirs, as established in his will.
  6. The properties, rights and incomes acquired by the Foundation onerously as well as freely, of public or private bodies as well as of individuals, particularly grants, donations, inheritances or legacies, will revert in equal parts in favour of José Miguel de Barandiarán or, in case of his death, in favour of his heirs and of Eusko Ikaskuntza-Sociedad de Estudios Vascos and, if it has been dissolved, in favour of the institutions to which this patrimony is assigned.