BYLAWS

Article I. Name and Registered Office

Under the name

“Patrons’ Association Andreas Jianhai Kay” (“Gönnerverein Andreas Jianhai Kay”)

an association exists with its registered office in Zurich, Canton of Zurich, Switzerland, for an indefinite duration pursuant to Articles 60 et seq. of the Swiss Civil Code.

 

Article II. Purpose

The Patrons’ Association aims to directly and indirectly support and promote Andreas Jianhai Kay (hereinafter referred to as Andy or Andreas), born on December 30, 2016, who has Joubert Syndrome, a rare autosomal recessive genetic disorder (see: https://en.wikipedia.org/wiki/Joubert_syndrome), and currently resides in Zurich, Switzerland.

Support can be provided through financial or other contributions.

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The Association may also support its own efforts to raise funds and to increase visibility and awareness. It raises funds and supports Andreas Jianhai Kay. The allocation and use of funds shall be agreed upon with the Board of the Association and the legal guardians of Andreas Jianhai Kay.

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Any direct or indirect influence by the Association on Andy’s life is excluded. Exceptions apply to donations or contributions received for specific purposes, which must be passed on to Andy’s legal guardians in accordance with the stated purpose.

 

The Association exclusively pursues charitable purposes as defined in Art. 56 lit. g of the Swiss Federal Direct Tax Act (DBG) and Art. 61 lit. f of the Swiss Cantonal Tax Act (StG), and it neither pursues commercial objectives nor seeks to make a profit. It is non-denominational and politically neutral.

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Article III. Financial Resources

The Association is financed through:

• Membership fees,

• Donations, bequests, and contributions of any kind,

• Fundraising campaigns and events organized for the Association,

• Income generated from the Association’s assets,

• Contributions from public authorities and nonprofit institutions.

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Article IV. Uses of Funds

100% of the Association’s funds are allocated to the benefit of Andreas Jianhai Kay. These include, but are not limited to:

 

• Assistive devices not covered by disability or health insurance,

• Daily support by caregivers or family members not covered by insurance,

• Surgeries, therapies, and medical treatments not reimbursed by insurance,

• Financial support for Andy’s immediate family and caregivers, where not otherwise covered,

• Creation of a fund to support Andy’s needs after turning 18, including daily living expenses (e.g., rent, clothing, household costs) if not otherwise funded by social services or family,

• Support for leisure activities, holidays, or travel (within reasonable limits) with family or independently after the age of 18,

• Other necessary costs not covered by insurance or the biological parents, particularly after Andy turns 18.Eltern getragen werden können, insbesondere nach dem Erreichen des 18. Lebensjahr.

 

All support measures and fund allocations must be reviewed and approved by the Board of the Association, in consultation with Andy’s legal guardians.

 

Article V. Membership / Patrons

Any natural or legal person who supports the Association’s purpose may become a member. Admission is granted by the Board; there is no entitlement to admission.

Membership ends upon resignation, expulsion, or death.

Members who fail to pay dues for two consecutive years are automatically considered to have resigned.

There is no retroactive claim to benefits, refunds, or the Association’s assets.

 

Article VI. Organs of the Association

The organs of the association consists of:

• The General Assembly of Members

• The Board

• The Auditing Body

 

Article VII. General Assembly

The General Assembly is the Association’s supreme authority. It meets at least once per year. Responsibilities include:

 

• Election and dismissal of the Board and Auditing Body,

• Approval of the annual report and financial statements,

• Discharge of the Board,

• Decisions on amendments to the by-laws and dissolution of the Association.

 

Decisions are made by simple majority, while amendments to the by-laws and dissolution require a two-thirds majority.

 

Article VIII. Board

The Board consists of at least three members. It is responsible for all matters not assigned to other bodies.

It reviews and approves all requests for use of funds.

Decisions are made by simple majority.

The Board members work on a voluntary basis.

 

Article IX. Liability

The Association is liable only with its own assets for any liabilities and damages incurred in the course of its activities (Art. 55 ZGB).

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Personal liability of Board members is generally excluded unless they intentionally or grossly negligently breach their duties (cf. Art. 754 OR analogously).

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The annual discharge (Decharge) by the General Assembly releases the Board from liability, provided all actions were transparently disclosed.

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Article X. Auditing Body

The Auditing Body reviews the annual financial statements.

It is elected annually by the General Assembly.

If no legal audit requirement exists, an internal independent financial controller may be appointed in lieu of an official auditing body.

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Article XI. Fiscal Year

The Association’s financial year ends on June 30th of each year, with the first closing on June 30th, 2026.

 

Article XII. Dissolution of the Association

In the event of Andy's passing: If Andy passes away, all remaining financial resources—after settling outstanding obligations—shall be donated to a charitable foundation. The General Assembly will decide on the specific use of assets upon dissolution, following a proposal from the Board. Assets should preferably be donated to a nonprofit foundation serving sick, disabled, injured, or terminally ill children at home, e.g.:

• Children with Rare Diseases Foundation (KMSK), Switzerland (www.kmsk.ch)

• Children’s Spitex Switzerland (www.kinder-spitex.ch)

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In the event of the death of one or both parents: If one or both parents pass away, a guardian will be appointed to take over all legal and financial responsibilities on Andy’s behalf. This guardian will automatically serve as the President of the Patrons’ Association, continuing operations in accordance with the purpose set forth in these by-laws. If no guardian can be appointed by the court or through family structures, the Association will transfer its leadership to a suitable charitable organization dedicated to child welfare.

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Distribution of assets among the members is prohibited.

 

Article XIII. Final Provisions

These by-laws enter into force upon their approval by the founding assembly.

Approval and Final Entry into Force

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These by-laws were approved on June 20, 2025 and became effective the same day.

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Signatures of the Board:

 

 

______________________     ______________________           _______________________

Oliver Kay, President           Kurt Widmer, Vize Presdent     Yvonne Lang, Member

 

 

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