§1. Foundation under its registered name „Fundacja dla Wolności”, hereinafter referred to as Foundation, founded by the following persons: Dora Montagna, Krzysztof Jarymowicz, and Antoni Adamowicz, hereinafter referred to as Fundraisers, with notarial act made by Sławomir Strojny in Warsaw in his notary office at 4 Gałczyńskiego Street after the Repertory A No 13840/2004 works based on the Foundations Act of April 6, 1984 and this statute.
§2.1. Foundation has a legal personality.
2. Competent minister according to Foundation goals is minister responsible for government administration department: culture and protection of national heritage.
§3. Foundation headquarters is City of Warsaw.
§4.1. Foundation operates within Poland.
2. For the proper implementation of its goals, Foundation has a right to operate within and out of Poland.
§5. Foundation has a right to create departments, institutions, and branches and to join other companies and foundations.
§6. Foundation uses a stamp with a writing “Fundacja dla Wolności”.
§7. Foundation has a right to establish badges and honorary medals and to award them along with other trophies and honorable mentions to private and legal persons meritorious to Foundation.
Foundation goals and rules
§8. Foundation is a place of initiatives, research, and individual and group discussion with a focus on entities affected by social discrimination.
Basing on the Declaration of Human Rights adopted by the General Assembly of United Nations, and especially on Acts No. 7, 18, 19, 20, 27 and provisions of Polish constitution, Fundraisers establish the following goals of Foundation:
a) Aiming towards societal growth grounded in equality, combatting social exclusion, especially in regards to such groups as: ethnic, national, religious, and sexual minorities, and other groups at risk of discrimination.
b) Popularization of cultural and social civic participation by organization and support initiatives that spread knowledge and promote respecting human rights and other civic rights and duties; supporting and organizing activities aimed towards popularization mechanisms and knowledge on democratic institutions.
c) Popularization and aiming towards respecting the right of free speech, the right of free access to information, and the right of free access to education.
d) Popularization of European integration as the best way of European countries and societies coexistence and aiming towards continuity of this process and including other countries.
e) Popularization of knowledge on issues concerning global processes and aiming towards better international collaboration that focuses on resolving global issues.
§9.1. Foundation implements above goals by the following initiatives:
a) Organization and support of informative campaigns and public manifestations and speaking of public matters.
b) Organization and support of debates, seminars, workshops, conferences, congresses, research, laboratories, exhibitions, sport tournaments, and other similar initiatives.
c) Publication and distribution of board games, books, brochures, leaflets, and other educational and informative materials both electronic and printed.
d) Organization and promotion of voluntary activities.
e) Awarding of prizes and honorable mentions.
f) Partnership with non-profit organizations, local governments, national authorities, economic sector, mass media, and other institutions and persons interested in pursuing Foundation goals.
g) Organization of leisure time and recreation and supprt the personal growth of children, teenagers, and adults.
h) Protection of material culture and cultivation of craftwork.
2. Foundation operates free of charge in the following areas:
a) Organization and support of informative campaigns and public manifestations and speaking of public matters.
b) Organization and support of debates, seminars, workshops, conferences, congresses, research, laboratories, exhibitions, sport tournaments, and other similar initiatives.
c) Publication and distribution of board games, books, brochures, leaflets, and other educational and informative materials both electronic and printed.
d) Organization and promotion of voluntary activities.
e) Awarding of prizes and honorable mentions.
f) Partnership with non-profit organizations, local governments, national authorities, economic sector, mass media, and other institutions and persons interested in pursuing Foundation goals.
g) Organization of leisure time and recreation and supprt the personal growth of children, teenagers, and adults.
h) Protection of material culture and cultivation of craftwork.
3. Foundation conducts paid activities in the following areas:
a) Organization and support of debates, seminars, workshops, conferences, congresses, research, laboratories, exhibitions, sport tournaments, and other similar initiatives.
b) Publication and distribution of board games, books, brochures, leaflets, and other educational and informative materials both electronic and printed.
c) Organization of leisure time and recreation and supprt the personal growth of children, teenagers, and adults.
d) Protection of material culture and cultivation of craftwork.
§10. For pursuing its goals, Foundation may support other persons or organizations which goals align with the Foundation’s goals.
Foundation property and income
§11. Foundation’s property represents the Founding Fund in the amount of 1.000 zlotys (one thousand zlotys) mentioned in its notarial act.
§12. Foundation is responsible of its liabilities in the whole of its property.
§13. Foundation’s income comes from:
a) donations, inheritances, provisions,
b) legal persons’ subsidies,
c) income from raised money and public events,
d) income from movable and immovable property,
e) finances from 1% of natural persons’ income tax,
f) income from remunerated charitable activities,
g) income from capital operations,
h) interests and bank security deposits.
§14. Income from donations, inheritances, and provisions may be used for realization of all Foundation goals providing that benefactors did not mention a specific purpose
§15. In case of Foundation inheritance, Governing Board shall provide a statement of acceptance of inheritance under limitation of liability
§16. Natural persons and legal persons who make on behalf of the Foundation a donation in the amount of at least 10.000 (ten thousands) zlotys, and foreign persons in the amount of 3.000 (three thousands) USD acquire a title of Foundation Sponsor if they wish so.
§17. The title of Foundation Sponsor is a personal matter and it is given by the Board of Directors.
§18. The total amount of the income excesses over expenses is allocated for the purpose of public use.
Foundation bodies and organization issues
§19. The bodies of Foundation consist of:
a) Board of Directors
b) Foundation Council
§20. The Foundation managing body is Board of Directors, hereinafter referred to as the Board.
§21.1. The Board consists of at least two and maximum six persons and is established for an indefinite period by the Foundation Council.
2. Memberships of the first Board are chosen by the Fundraisers.
3. Membership of the Board cease with dismissal or death.
4. Dismissal of a member of the Board occur in case of:
a) tendering a resignation,
b) illness, disability, or loss of strength which cause a permanent incapacity to managing functions,
c) unduly fulfillment of member’s duties,
d) significant violation of the Foundation’s statutes.
5. A member of the Board cannot be convicted of offence prosecuted by the public prosecutor or tax fraud.
§22. On its first sitting, the Board chooses a President, Vice President, and Secretary of the Board. The President runs the Board’s operations. If the President is absent, Vice President runs the Board’s operations.
§23. The Board:
a) Adopts the changes of the Foundation’s statutes
b) Decides on buying and selling real estate
c) Sets out Foundation’s main course of action, adopts yearly plan of Foundation’s actions
d) Directs a current Foundation activity and is responsible for its statute’s goals
e) Represents Foundation
f) Makes financial statements and policy reports
g) Manages the Foundation’s finances
h) Receives subsides, donations, inheritances, and legacies
i) Decides on the employment figure and the amount of finances dedicated to wage for the Board’s members and other Foundation employees
§24. Declaration of will on Foundation behalf can be made by every member of the Board.
§25.1. Decisions addressing matters mentioned in article 23 of the Statutes in sections a) and b) are made unanimously regarding that for the validity of the resolution the presence of all members of the Foundation Board is demanded.
2. On the rest of the resolutions the Board decides in a simple majority of votes with a consideration that for the resolution’s validity presence of at least half of the Board members is demanded, including the presence of the Board President or Vice President. In case of an equal amount of votes the vote of the President is decisive. If the President is absent, the vote of Vice President is decisive.
§26. The Board’s sitting takes place when needed but not less frequently than 6 months.
§27. The members of the Foundation Board can be subjects to contracts of employment to the Foundation.
§28. For the aiming the statute’s goals, the Board has a right to establish the Foundation Office. Regulations regarding job offer and payments of Office employees are specified by the Board.
§29.1. The Foundation Council, hereinafter referred to as the Council, is a collegial body that consists of at least two members.
2. Memberships of the first Council and the Council President are chosen by the Fundraisers.
3. Members of the Council cannot be convicted of offence prosecuted by the public prosecutor or tax fraud.
4. Members of the Council cannot receive in respect of the performed function recovery of justified costs or wage in the amount higher than average monthly wage in the business sector announced by the Main President of Statistical Office for a year prior.
5. Members of the Council cannot perform the functions in the Board or be in a matrimonial relationship, cohabitation, consanguinity, affinity, or managerial authority.
§30. Members of the Council among other things:
a) Supervises the realization the main directions of Foundation action.
b) Proposes requests concerning the Foundation activity.
c) Evaluates the concerns provided by the Foundation Board.
d) Approves the financial statements and policy reports.
e) Passes resolutions of joining together or eradicating of the Foundation.
f) Grants discharge to the Board.
g) Establishes and dismisses the members of the Foundation Board.
§31. Foundation Council in order to perform its power of control is entitled to:
a) Demand from the Board showing all of the documents concerning the Foundation’s activity.
f) Demand from the members of the Board written or spoken explanations.
§32.1. Foundation Council gathers at least once in every 15 months on the sittings summoned by the President of the Foundation Council.
2. Operation mode of the Foundation Council is specified in its Regulations adopted by the Foundation.
3. The resolutions are adopted by the simple majority of votes. In case of the equal amount of votes, a decisive voice belongs to the President of the Foundation Council.
4. The resolutions regarding establishing and dismissing of the members of the Foundation Council, and joining together or eradicating of the Foundation, the Foundation Council establishes unanimously.
Statute’s changes
§33. Change in statute cannot concern change of Foundation’s goal
§34. Decisions in terms of change in statute is made by the Board by way of a resolution made unanimously with a consideration that for the legitimacy of this resolution the presence of all the Board members is demanded.
Final provisions
§35. Foundation cannot:
a) Lend money or hedge liability with the Foundation property with respects to members of its bodies or employees and persons to whom employees are married to, are in kinship or affinity or lineal affinity, kinship or collateral affinity to second degree or are related by adoption, custody, or guardianship, later referred to as “relatives”,
b) Pass on the Foundation’s property to Foundation members of organs or workers and their relatives on different terms than in comparison to terms with third parties, especially if the pass is done free of charge or on preferential conditions,
c) Use the Foundation property in favor of organs members or Foundation workers and their relatives on terms different than in comparison to terms with third parties unless the use is explicitly results from the Foundation statute goal,
d) Buy on special terms goods and services from subjects of which members of the organs or Foundation workers and their relatives are part of on different terms than terms with third parties or with prices higher than market prices.
§36.1. For the efficiency purposes of its goals, the Foundation may join with other foundation.
2. The join cannot occur if it means changes in Foundation statute goals
3. Decision of joining is made by the Council through of a resolution adopted unanimously with regards that for the resolution legitimacy presence of all Council members is amended.
§37.1. Foundation is dissolved if its goals are met or if its funds and property are depleted.
2. In case of adopting a resolution of dissolving, the Board shall decide of utilization of Foundation property and shall set up the Winding Up Board that shall carry out closure of the Foundation. The Foundation property can be allocated to the non-profit organizations and with goals close to the aims of Foundation.
§38. Foundation declares to the minister competent yearly until 31 March a report for the year prior.
§39. Statute shall take effect with the day of Foundation registration by the District Court for the capital city of Warsaw.