zamknij

INFORMACJA DOTYCZĄCA POLITYKI PLIKÓW COOKIES

Informujemy, że do celów optymalizacji treści dostępnych w naszym serwisie i dostosowania ich do indywidualnych potrzeb każdego użytkownika, jak również dla celów reklamowych i statystycznych korzystamy z informacji zapisanych za pomocą plików cookies na urządzeniach końcowych użytkowników. Pliki cookies użytkownik może kontrolować za pomocą ustawień swojej przeglądarki internetowej. Dalsze korzystanie z naszego serwisu internetowego, bez zmiany ustawień przeglądarki internetowej oznacza, iż użytkownik akceptuje politykę stosowania plików cookies, opisaną w Polityce prywatności.

polska
wersja

THE FOUNDATION STATUTE
Consolidated text of Statute of the SALUS Foundation for Aid to Handicapped Children and Adults

incorporating amendments registered in the National Judicial Register on 08.01.2008







THE FOUNDATION STATUTE




I. General provisions.
§ 1

The Foundation is named:

SALUS Foundation for Aid to Handicapped Children and Adults and shall hereinafter be referred to as "the Foundation".




§ 2

The seat of the Foundation is Klewno 67 in the Reszel district.




II. Objectives of the Foundation § 3

The aim of the Foundation is to achieve socially useful objectives in accordance with the basic interest of the Republic of Poland such as:

  1. Care and social aid.

  2. Health care.

  3. Education and upbringing.




  1. Assets of the Foundation:

§ 4

Assets of the Foundation shall include:

  1. Property elements contributed by the Founders in the foundation act - Declaration of will about establishing the Foundation - a notarial act dated February 4th, 2000 Repertory "A" 617/2000 signed in the notary office in Kętrzyn Warmińsko-Mazurskie Voivodship, namely:

  1. Elżbieta Ziober transfers her property, in form of agricultural real estate, comprising a residential building, a barn, a cowshed and a shed worth PLN 140 000 (one hundred forty thousand zlotys), situated in Klewno, the Reszel district, plot number 206 with an area of 14.47 ha, included in land register Kw. No. 7168 conducted by the District Court in Kętrzyn Land Register Department.

  2. Władysław Jan Sytniewski transfers his separate property in form of: a computer unit (the main unit with a CD-ROM and a sound card, a monitor, a keyboard and a speaker unit) PC 486 DX4 100MHz of an identification number SN 460021-64051-062 worth PLN 2000 (two thousand zlotys), with a Panasonic printer KX-P2130 of an identification number 6BMCJA03093 worth PLN 500 (five hundred zlotys) and a car Polish Fiat 1500, registration number ONL 9409, motorcar body number 405143, engine number GD 2000554 complete with the vehicle registration document R 0685828, worth PLN 1500 (one thousand five hundred zlotys).

  1. Financial, in kind and legal resources acquired in the course of the Foundation's activities.




  1. Rules of the Foundation's activities.

§ 5

The Foundation was established by a notarial act dated February 4th , 2000 Repertory "A" 617/2000 and carries out its activities on the basis of the provisions of the Act dated April 6th , 1984 on foundations as amended - consolidated text in the Journal of Laws dated 1991, No. 46, item 203 and other universally binding legal articles and the rulings of this Statute.




§ 6

The Foundation shall operate within the territory of Poland.




§ 6a

The Foundation may seek counterparts abroad and accept external financial aid for the purpose of delivering its statutory objectives.




§7

  1. The Foundation shall transfer for its statutory activities the property transferred by the founders, things obtained through collections, donations, proceeds from subsidies, auctions, lotteries, sale of "donation certificates" and also: donations, bequests, legacies, subventions which the Foundation can accept both from the country and from abroad.

  2. The Foundation can also accept benefits transferred by natural persons, economic subjects, institutions and organisations.

  3. The Foundation can dispose of the means given for safe-keeping and enter into life estate contracts.

§ 8

Within the town of its domicile and outside it, the Foundation may establish: agencies, offices, branches, centres and other institutions to deliver its statutory objectives.




§ 9

Within the scope indispensable of realising the statutory objectives the Foundation can employ workers on the basis of an employment contract as well as outsource certain activities or tasks under another legal relation.

§ 9a

For the purpose of delivering its statutory objectives the Foundation may run business activities, governed by separate regulations. Total profits from business activities shall be dedicated to delivery of statutory objectives.

§ 10 The Foundation shall run its statutory activity: directly at the destinaries, in the area and in the buildings which are its property, lent and rented real estate.

§ 11

The Foundation shall operate on the grounds of annual work plans, which determine the types and forms of statutory activities anticipated at this time.

§ 11a

Under Article 20 point 7 of the 24 April 2003 act on public benefit activity and voluntary work (Journal of Laws of 2003, No 96, item 873 as amended), the Foundation shall exclude the following activities from its operation:

a) granting loans or security of liabilities on the grounds of the Foundation assets in respect to its members, members of foundation bodies or employees and such persons' spouses, lineal relatives and spouse's relatives, their relatives and spouse's relatives in collateral line to the second degree of relationship, or are related by adoption, care or custody, hereinafter referred to as "close relatives",

b) transferring the Foundation assets in favour of the Foundation members or employees and their close relatives, on principles other than in favour of third parties, particularly where such transfer is free of charge or on preferential terms,

c) the use of Foundation assets in favour of members of Foundation bodies or employees and their close relatives on principles other than in respect to third parties, unless such use results directly from the Foundation statutory objective or entity referred to in Article 3(3) of the 24 April 2003 act on public benefit activity and voluntary work (Journal of Laws of 2003, No 96, item 873 as amended),

d) purchase on specific basis of goods or services from entities, in which members of Foundation bodies or employees and their close relatives participate.




V Forms of the Foundation's activities.

§ 12

The Foundation realises its objectives for children, young people and handicapped people and their families, recognising them as the most important in its activities, it shall not exclude, however, assistance in cases of a difficult financial situation of other people and families and the realisation of the objectives will take place in the following forms:

  1. Financing:

  1. expenses connected with educating children and young people in primary, junior secondary and secondary schools as well as colleges,

  2. treatment, rehabilitation, convalescence expenses

  3. expenses of satisfying basic existential needs.

  1. Organising:

  1. occupations cultivating interests, talents and skills with extraschool care,

  2. integration meetings of children and young people,

  3. occasional events

  4. performing, artistic, entertainment, sports events.

  1. Training:

  1. through conducting knowledge consolidation, training, professional, entitling courses,

  2. organising seminars, conferences, symposia.

  1. Counselling and consultancy:

  1. in the form of organising legal, organisational, medical and rehabilitation help in a group and individual form,

  2. through allowing access to internet information.

  1. Publishing activity:

  1. publishing the Foundation's newsletter, guides

  2. in the form of publishing or cooperating in publishing titles connected thematically with the Foundation's objectives.

  1. Material help:

  1. in the purposeful form as distributing food vouchers, giving extra meals to children at school,

  2. as a collection of new or second-hand things and their distribution among the needy,

  3. through running an eating place for those needing such help,

  4. as a distribution of alimentary products and others, obtained from producers, salesmen, or produced by the Foundation.

  1. Creating and running the Foundation's Welfare House for handicapped people, for various reasons deprived of permanent or temporary care through providing permanent residents and those staying temporarily with:

  1. 24-hour care

  2. daytime care

  3. individual and group rehabilitation activities

  4. individual and group therapy activities

  5. permanent medical care.

  1. Creating and running a recreational centre:

  1. as an activity within the scope of: holidays, summer camps, summer play centres, camps: creating a tent site, a campsite.

  2. organising recreational events,

  3. integration meetings.

  1. Creating and running a rehabilitation centre in the form of:

  1. conducting rehabilitation activities: health, professional, social,

  2. preventive activities,

  3. therapy activities (hippo therapy, hydrotherapy, occupational therapy and others).

  1. Realising specific tasks in accordance with the objectives and the range of the Foundation's activities, commissioned by state administrative organs supervising the Foundation.




VI The scope of the Foundation's activities

§ 13

The Foundation shall operate in the following scope of tasks:

a) actions in favour of the handicapped,

b) social assistance, complete with assistance to families and persons in difficult living conditions and equalization of opportunities of these families and persons,

c) health protection and promotion,

d) science, education, schooling and upbringing.




The Foundation shall deliver its statutory activities for: children, young people and handicapped people as well as families whose members are handicapped. It shall not exclude, however, helping the remaining families being in a difficult financial situation or their members. In justified cases the Foundation shall help organisations and institutions conducting the same or similar activities.




§ 14

The Foundation shall deliver the care and social care objective by means of:

  1. daytime and 24-hour care of persons, young people and handicapped children,

  2. helping persons and families being in a difficult financial situation,

  3. cooperation with institutions and organisations of care and social help as well as organs of government administration..

§ 15

Health care shall be provided by means of:

  1. therapy and prevention,

  2. health and social rehabilitation

  3. cooperation with institutions and health care facilities as well as organs of government administration.




§ 16

The Foundation's activities in education and upbringing shall consist of:

  1. organising holidays, summer camps, summer play centres, camps,

  2. conducting school and extraschool activities

  3. cultivating interests

  4. organising training courses, seminars, conferences, symposia,

  5. organising courses : knowledge consolidation, training, professional,

  6. information activities, including help with access to modern sources of knowledge (the internet)

  7. integration activities

  8. publishing activities

  9. cooperation with academic, education, childcare and education-childcare institutions and organs of government administration.




VII Foundation Bodies

§ 17

The bodies of the Foundation: the Council of the Founders, the Board of the Foundation and Commission of Auditors.

§ 17a

1. The Council of the Foundation shall appoint the Commission of Auditors, the members of which shall meet the requirements under Article 20 point 6 of the 24 April 2003 act on public benefit activity and voluntary work (Journal of Laws of 2003, No 96, item 873 as amended) and:

a) shall not be relatives or relatives by marriage nor employees of the members of the Board,

b) shall not be sentenced with final judgement for wilful fault

c) shall not receive, on the score of their function in the Commission of Auditors, reimbursement of eligible costs or remuneration in excess of amounts defined under Article 8 point 8 of the 3 March, 2000 act on remuneration of persons who manage certain legal entities (Journal of Laws No 26, item 306, of 2001, No 85 item 924 and No 154, item 1799 of 2002, No 113m item 984 and of 2003 No 45, item 391 and No 60, item 535).

2. The term of office of the members of the Commission of Auditors shall last 4 years.

3. The Commission of Auditors shall consist of at least 2 members.

4. The members shall select a Chairman from among themselves, to chair the meetings.

5. Meetings of the Commission of Auditors shall be held at least once every year.

6. Minutes shall be drawn of the meeting and signed by the Commission members present.




§ 17b

In order to discharge their obligations in the scope of internal control of the Foundation the Commission of Auditors shall be authorized to:

1. Continuously monitor the financial proceedings of the Foundation

2. Audit reports, with particular focus on financial statements in terms of their consistency with the actual condition and with evidence and accounting documentation

3. Approve financial statements

4. Check observance of respective regulations by the Foundation

5. Request presentation of any documents relating to Foundation operations by the Board

6. Request the members of the Board to provide explanations orally or in writing.




§ 17c

Membership in the Council of the Foundation or Commission of Auditors cannot be combined with any function in the Board or employment in the Foundation.




VIII The composition of the Council of the Founders.

§ 18

The Council consists of:

  1. The Founders enumerated in the notarial act dated February 4th , 2000 Repertory "A" 617/2000 dated February 4th , 2000.

  2. Representatives of legal and natural persons as well as organisations and institutions not having legal entity, included in the composition of the Council on the strength of the Council's resolution.

§ 19

  1. The Council can adopt a resolution on including in its composition representatives of legal and natural persons, state institutions and other organisations which do not have legal entity if the Council recognises that property increment or other services done for the Foundation by these subjects are beneficial and significant for the realisation of the Foundation's objectives. Each subject is represented by one representative.

  2. The representatives shall hold a function of a member of the Council for 3 years. It shall not exclude appointing them as members of the Council for another term.

  3. The resolution section 2 does not exclude dismissing by the founders and by other persons their representatives in the Council before the expiration of the term to which they were designated or appointing the same representatives for another term.

  4. In the place of a representative whose membership in the Council is over before the expiration of the term, an authorised subject designates another person for a period of time remaining till the end of the term.

  5. The Council can decide that including in its composition representatives enumerated in section I is only for the time of the term in the course of which these persons have been appointed to the Council.




IX The Council of the Founders' organisation

§ 20
  1. The first meeting of the newly formed Foundation shall be called by Elżbieta Ziober.

  2. At the first meeting the Council shall elect from among its members the Council Chairman and Secretary.

  3. Every following meeting shall be called by the Council Chairman.

  4. The members of the Council should be informed about a meeting and about a planned agenda at least 7 days before the date of the meeting.

  5. The deliberations at the meetings shall be chaired by the Council Chairman and in the case of his absence by the Secretary; in the case of the absence of the Chairman and the Secretary the deliberations shall be chaired by a member of the Council appointed by the members of the Council present at the meeting.

  6. The presence of at least a half of the general number of members shall be required for validity of the meeting.

  7. In the case of failure to meet the requirement under section I, the Chairman shall set another date of the meeting. Then the meeting shall be valid regardless of the number of the present members of the Council.

  8. At a proposal of the Board or on request by 1 of the members of the Council, a special Council meeting should be called, not later than within 2 weeks. The proposal or the demand should be submitted in writing and should describe the subject of the meeting.

  9. Without prejudice to the exceptions provided for in the Statute, the Council's resolutions shall be passed by absolute majority.

  10. The voting shall be open. Secret ballot shall be ordered on request by at least 1 of the Council's members present at the meeting.

  11. The Council's resolutions should be minuted and signed by the chairman of the meeting and by the minutes secretary.

  12. For a validity of the Council's meeting the presence of at least a half of the general number of the members shall be required.

  13. With the reservation of the exceptions provided for in the Statute, the Council's resolutions are passed by absolute majority.

  14. The voting is open. Secret ballot is ordered at the request of at least 1 of the Council's members present at the meeting.

  15. The Council's resolutions should be minuted and signed by the chairman of the meeting and by the minutes secretary.

  16. It shall not be excluded that the Council may pass reimbursement of costs related to performing the function of a member of the Council.




X The Council's responsibilities

§ 21

1. The Council of Founders is the Foundation programme body and shall have the role of a general assembly.

2. The Council shall be obliged to:

a) by motion of the Board, to pass long-term work plans for the Foundation

b) investigate the annual report of the Board

c) make a decision to grant a vote of approval or disapproval to the members of the Board within 3 months of the end of the reporting period

d) examine the Board's other reports on the Foundation activities,

e) hold meetings at least once a year.




XI The Council's competencies.

§ 22 The Council shall be authorised to:

  1. choose and appoint members of the Board and determine its composition,

  2. supervise the activities of the Board, determine the rules of remuneration for its members,

  3. approve the Foundation's organisation regulations, the rules of remuneration and other normative acts,

  4. inspect each activity of the Foundation,

  5. demand explanations, documents, and reports from the Board,

  6. suspend or dismiss members of the Board for important reasons,

  7. delegate members of the Board to temporarily fulfil the duties of the members of the Board,

  8. appoint and dismiss to the Council representatives of legal persons and natural persons, institutions and organisations, including those without legal entity,

  9. give permission to sell or encumber the Foundation real estate,

  10. decide about establishing targeted funds and the ways of their management,

  11. give the Board a receipt of the duties fulfilled by the Board,

  12. make resolutions about changes in the statute, merge with another foundation,

  13. make resolutions about dissolving the Foundation,

  14. perform other competencies anticipated in this statute.




XII. The composition and organisation of the Board of the Foundation.

§ 23

  1. The Board can be numerous and consist of the Chairman and one or more members called Deputy Chairmen. The number of members of the Board called Deputy Chairmen is determined by the Council.

  2. The Chairman of the Board shall preside over the work of the Board.

  3. The resolution section 2 shall not exclude a possibility of dividing among the members of the Board the kind of matters for whose conducting they will be personally responsible.

  4. The meetings of the Board shall be called should the need arise, not less often than once a month.

  5. There is a need to notify in a customary accepted way about the meeting whose subject is an ordinary activity of the Foundation all the members of the Board, managers of the Foundation's organisation units and the proxies who take part in the meeting in an advisory capacity, no later than one week before the date of the meeting. In an urgent situation meetings of the Board can take place without keeping dates.

  6. The Board shall pass resolutions by majority voting.

  7. The ballot shall be secret unless any of the members of the Board demands open voting.

  8. The resolutions should be minuted and signed by the members of the Board present at the meeting.




XIII Appointment of the Board.

§ 24

  1. The Chairman of the Board, shall be elected by the Council in secret ballot.

  2. The Chairman of the Board shall employ the remaining staff of the Foundation.

  3. The term of office of the Chairman and the members of the Board shall last 5 years. This shall not exclude appointing them for another term.

  4. Under § 17c above, should a member of the Council or Commission of Auditors be elected to the Board, the membership in the Council or Commission of Auditors shall be suspended for the time of fulfilling the function of a member of the Board.

  5. Before the end of the term a member of the Board, including the Chairman of the Board, can be dismissed by the Council in secret ballot by a majority of 2/3 votes.

  6. A qualified majority is not required if the proposal for dismissal is proposed as a result of granting vote of disapproval.

  7. The council can decide that some or all the members of the Board will be fulfilling their duties as part of an employment contract, determining at the same time the amount of the remuneration.

  8. The Council can grant the members of the Board not employed in the Foundation on the basis of an employment contract a reimbursement of expenses incurred in connection with their participation in the work of the Board.




XIV The Board's responsibilities.

§ 25




1. The Chairman of the Board shall manage the work of the Board.

2. The Board of the Foundation shall be obliged to:

  1. register the Foundation in the court register and make changes in the statute, merge and dissolve the Foundation,

  2. keep a book of minutes of the Board and the Council's resolutions

  3. give controllers and the Council in-depth explanations together with presenting any documents and other materials concerning the Foundation,

  4. compile and submit reports of the Foundation's activities required by law,

  5. establish annual programmes of statutory activities,

  6. ensure an appropriate keeping of a financial-accounting documentation,

  7. follow the guidelines of authorised control organs,

  8. deal with the Foundation's matters - it concerns each member of the Board.




XV The Board's competences § 26

The Board of the Foundation shall be authorised to:

  1. manage the Foundation's activities,

  2. manage the Foundation's property,

  3. represent the Foundation in court and outside court,

  4. deal with the Foundation's matters - it concerns all the members of the Board,

  5. submit and accept declarations of will on behalf of the Foundation, signing contracts,

  6. draw up inner organisational regulations of the Foundation, rules of remuneration and other normative acts of the Foundation,

  7. take part in the meetings of the Council,

  8. appoint proxies of the Board for particular matters,

  9. vet the qualifications (authorisations) of the people taking control actions,

  10. submit declarations of will within the scope of property rights and obligations of the Foundation and sign documents on behalf of the Foundation by the following rights:

  1. independently - each member of the Board, within the scope of ordinary management,

  2. the Chairman of the Board where the declaration of will shall effect in selling a part of the real estate (based on consent by the Council of Founders).




XVI Merging with another foundation.

§ 27

The Foundation can in particularly justified cases merge with another foundation, it can also take over other foundations by the rule of inclusion or can constitute a part of another foundation by virtue of the Council's resolution by a majority of at least 2/3 votes.



XVII Changes of the Foundation's objective and statute.

§ 28

The change of the Foundation's statute can occur on the basis of the Council's resolution by the majority of 2/3 votes; the change can also concern the objectives of the Foundation.




XVIII Dissolution of the Foundation.

§ 29

  1. The Council can decide to dissolve the Foundation if there are reasons for it.

  2. In the case of the dissolution of the Foundation on the basis of the resolution of the Council of the Founders or in the way anticipated in Article 15 section 2 section 3 of the Act on foundations, the Council shall pass a resolution about handing over the property measures remaining after the dissolution to organisations or institutions realising objectives which are identical or similar to the Foundation's objectives.




XIX Final provisions.

§ 30

This statute was established by the Founders in accordance with the contents of the declaration of will about establishing the Foundation dated February 4th, 2000 Repertory "A" 617/2000 and it shall become legally binding at the moment of the registration of the Foundation.




§ 30a

Under Article 20 point 7 of the 24 April 2003 act on public benefit activity and voluntary work (Journal of Laws of 2003, No 96, item 873 as amended), the Foundation shall exclude the following activities from its operation:

a) granting loans or security of liabilities on the grounds of the Foundation assets in respect to its members, members of foundation bodies or employees and such persons' spouses, lineal relatives and spouse's relatives, their relatives and spouse's relatives in collateral line to the second degree of relationship, or are related by adoption, care or custody, hereinafter referred to as "close relatives",

b) transferring the Foundation assets in favour of the Foundation members or employees and their close relatives, on principles other than in favour of third parties, particularly where such transfer is free of charge or on preferential terms,

c) the use of Foundation assets in favour of members of Foundation bodies or employees and their close relatives on principles other than in respect to third parties, unless such use results directly from the Foundation statutory objective or entity referred to in Article 3(3) of the 24 April 2003 act on public benefit activity and voluntary work (Journal of Laws of 2003, No 96, item 873 as amended),

d) purchase on specific basis of goods or services from entities, in which members of Foundation bodies or employees and their close relatives participate.







Galerie zdjęć
Nasza okolica »
Możesz przekazać nam darowniznę korzystając z systemu AllPay
więcej »




pomoc dzieciom
1 procent
jeden procent
organizacja pożytku publicznego
organizacje pożytku publicznego
fundacje pożytku publicznego
fundacja pożytku publicznego
instytucje pożytku publicznego
fundacje pozarządowe
1 podatku