Statute
THE FOUNDATION'S STATUTE
CHAPTER I
§ 1
The Foundation "Vis Maior", hereinafter known as the "Foundation", was established on 26.09.2002 by Elżbieta Wiatr and Jolanta Kramarz, hereinafter known as the "Founders", on the basis of the notarial deed made in Marek Machowski notary office in Warsaw, located at al. Solidarności 60 - it is based on the law on foundations of April 6, 1984 (consolidated text Legal Gazette No.46 of 1991 No. 203) and provisions of the herein statute.
§ 2
The Foundation is a legal entity.
§ 3
1. The Foundation is allowed to use its own trademark.
2. The Foundation is allowed to use its own firm stamp.
3. The Foundation's Board can award prizes and distinctions to individual and legal persons for merit to the Foundation.
§ 4
The Foundation's premises are in Warsaw.
§ 5
The Foundation's operations take place in the Republic of Poland and abroad without the prejudice to legally binding laws.
§ 6
The Health Secretary is in charge of the Foundation.
CHAPTER II
§ 7
The Foundation's objectives are:
1. protecting the blinds' health, improving their living conditions and financial situation,
2. helping the addicts,
3. helping children from problem families,
4. counteracting family violence and helping the victims: both adults and children,
5. influencing social attitudes towards the disabled and helping them to integrate into society.
§ 8
The Foundation realizes its objectives by:
1. Informative operations concerning disability,
2. Educational activities:
a) psycho-educational workshops,
b) training sessions,
c) social therapy in schools, work places and other public service organizations,
3. Helping the disabled solve legal and administrative problems,
4. Cooperating with national and international organizations that have the same main activities like the Foundation's in order to exchange experience,
5. Career counseling for the disabled,
6. Providing psychological help and early intervention assistance for people who lost their sight,
7. Promotional activities aimed at supporting the disabled's work and rehabilitation,
8. Stimulating self-development of people "rejected" by society,
9. Financial intermediary services,
10. Charity collections,
11. Collaboration with local and national government.
CHAPTER III
ASSETS AND INCOME
§ 9
The Foundation assets constitute a figure of 1000 PLN, where 1000 PLN is allotted for the Foundation's operations.
§ 10
The Foundation's financial assets come from:
1. Income from movables, and property rights,
2. Donations, inheritances, endowments, subventions and grants,
3. Private business,
4. Income from charity collections and public happenings,
5. Other sources.
CHAPTER IV
§ 11
The Foundation's authorities include:
1. The Management Board,
2. Curriculum Council.
§ 12
The Foundation's Management Board is responsible for establishing the structure and the amount of employment.
§ 13
1. The Management Board comprises of 2 - 5 persons, including the President. The Management Board's members elect the President.
2. After the registration, the first composition of the Management Board are the Foundation's Founders.
3. The outgoing members elect the new composition of the Management Board.
4. The Management Board may self-dissolve provided that the new Management Board is appointed.
5. If the Management Board decides to expand its membership during the current term, it will make arrangements to accept new members.
6. The Management Board holds office for 5 years.
7. The Management Board's Members work either on a voluntary basis or are employed in the Foundation.
8. The Management Board's Director summons (orally, in writing or by e-mail) and chairs the meetings.
9. The Management Board passes resolutions normally carried by a majority vote, when at least half of the Board is present, and unanimously in case of 2-person Management Board. In case of equal division of votes, it is the President who makes the final decision.
§ 14
1. Membership of the Management Board expires upon:
a) Dismissal by other Management Board's members,
b) Resignation,
c) Death,
2. The Board's members can be dismissed in case of:
a) the impossibility of carrying out his/her responsibilities,
b) taking steps against the Foundation,
c) committing intentional crime,
d) abuse of power/position or task performance by the Management Board member.
3. A petition for dismissal of the Management Board's members can be given to the Director by each person from the Foundation's body.
§ 15
1. Declaration of will on the Foundation's behalf is submitted by each member of the Management Board (in case of 2-person Management Board), and by two members working together in case of at least 3-person Management Board.
2. In order to carry out particular operations on the Foundation's behalf, the Management Board is allowed to appoint proxies with duly authorization.
§ 16
1. The Management Board's jurisdiction includes:
- controlling current operations within the Foundation, taking responsibility for the realization of the statute's objectives and economic-financial affairs.
- presenting annual reports from the previous year until January, 31.
- charting plans for the Foundation's operations according to its objectives.
- passing resolutions regarding the Foundation's finances.
- making decisions concerning the range and type of cooperation with other organizations of this kind.
- providing opinions and accepting projects proposed in order to raise funds in institutions that offer financial assistance.
- appointing proxies and duly authorization.
2. The Management Board works in accordance with its own rules.
§ 17
The Management Board holds meetings at least once a month.
§ 18
1. In order to streamline its operations, the Management Board can create the Management Board's Office managed by the President.
2. The Management Board passes resolutions regarding the rules of the Office and the President's competence.
§ 19
1. The Program Council consists of 2-15 members.
2. The Program Council members are appointed and dismissed by the Management Board on the basis of a resolution.
3. The Program Council performs advisory duties.
4. The Program Council chooses the chairperson among its members.
5. The Program Council's chairperson summons and chairs the meetings.
6. Within 5 days the Program Council's chairperson reports to the Management Board on the meetings.
§ 20
Membership in the Program Council expires upon:
a) Dismissal by the Founders due to being in contradiction with the law or acting to the detriment of the Foundation,
b) Resignation,
c) Death.
CHAPTER V
THE FOUNDATION'S REGULATIONS ON RUNNING A BUSINESS
§ 21
The Foundation can run a business activity domestically and abroad, according to law in force.
Business activities run by the Foundation include:
1. Psychological and pedagogic counseling service (85.32.C),
2. Non-school-based forms of education, not classified anywhere else (80.42.Z),
3. Welfare and educational services, without accommodation (85.32.D),
4. Pre-schools and pre-school class units attached to elementary schools (85.32.B),
5. Other activities connected with the protection of human health, not classified anywhere else (85.14.D),
6. Other services, not classified anywhere else (93.05.Z).
§ 22
Means accrued form the Foundation's business activities are all allotted for the statute's operations.
§ 23
Business activities are run by the Foundation or its representatives, offices and other units and institutions singled out by the Management Board.
§ 24
1. The manager of the Foundation Unit is appointed and dismissed by the Management Board.
2. The manager of the Foundation Unit is also the manager of the work place and comes under the labor law.
3. The units running a business are subjects to the Management Board.
§ 25
The Foundation can participate in commercial companies and purchase shares.
CHAPTER VI
§ 26
The Foundation can join other non-governmental organizations with the similar objectives, on conditions defined in the agreement of both foundations.
§ 27
Changing objectives or the Foundation's statute requires the Management Board's resolution and retention of a legal form provided for the foundation resolution.
CHAPTER VII
§ 28
THE DISSOLUTION AND LIQUIDATION OF THE FOUNDATION
1. The Management Board makes decisions about the dissolution of the Foundation, while preserving all act provisions in case all statute's objectives have been achieved or if there are no financial means in the Foundation.
2. The Management Board also makes decisions about the dissolution of the Foundation for other reasons not mentioned under point 1.
3. The liquidator appointed by the Management Board is responsible for liquidation of the Foundation.
4. The liquidator has formal-legal powers defined by the Management Board.
5. After liquidation, the Foundation's property will be allotted for purposes defined in the Management Board's resolution, which must be similar to the Foundation's objectives.
CHAPTER VIII
§ 29
The statute comes into force on the day of the Foundation's registration.
