Statut Fundacji
Articles of Incorporation
Chapter 1 General provisions
§ 1
1. A foundation to be called the Equal Though Different Foundation, hereinafter referred to as "the Foundation", established by Pawel Blachowicz, Wieslaw's and Terasa's son, domiciled in Miedzygórze, ul. Sniezna 22, identity card number DX 0115923, PESEL 82042215512, hereinafter referred to as "the Founder", by means of a notarial deed drawn up by the notary public Urszula Makarska LLM at the notary public's office in Klodzko, ul. Boh. Getta 1, on 27 October 2005, register "A" number 110011/2005
2. The name of the Foundation is a registered name.
§ 2
The Foundation is a non-governmental non-profit organisation.
§ 3
1. The Foundation is seated in Miedzygorze, Bystrzyca Klodzka commune.
2. The Foundation shall carry on its activities in the Republic of Poland. In order to effectively perform Its tasks The Foundation may carry on its activities outside the Republic of Poland in accordance with the local laws in force.
3. The Foundation may use a translation of Its name in chosen foreign languages for the purposes of international cooperation.
4. The Foundation may establish and appoint local and foreign branches.
5. The Foundation is established for an unlimited time.
§ 4
The Foundation carries on its activities in accordance with the provisions of the Foundations Act of 6 April 1984 (Uniform text: Journal of Laws, No.46, item 203) and the provisions hereof.
§ 5
The Foundation carries on its activities in accordance with the provisions of the Foundations Act of 6 April 1984 (Uniform text: Journal of Laws, No.46, item 203) and the provisions hereof.
§ 6
The Foundation is a legal person.
§ 7
The Foundation may use a stamp and symbols in accordance with the relevant laws in force.
§ 8
The Foundation may be a member of local or international organisations.
§ 9
The activity of the Foundation shall be supervised by the the Minister of National Education and Sport.
§ 10
The Foundation may establish its own emblems, honorary medals and titles. The Foundation may award them, as well as other prizes and distinctions, to natural and legal persons of merits.
Chapter 2 Objectives and procedures of The Foundation
§ 11
The objectives for which the Foundation has been established shall be as follows:
1. Social integration of disabled people and people with limited or no access to social life because of the reasons beyond their control at the European and national levels. Adressing and solving problems connected with the integration.
2. Supporting people with disability to access a wide range of employment and social opportunities.
3. Promoting and managing volunteering programmes, in particular European Volunteering, especially among the youth with unequal chances.
4. Supporting and promoting volunteering among disabled people.
5. Cultural, educational and environmental activities.
6. Managing and promoting tourism.
7. Encouraging social activities and promoting the principles of open society.
8. Organisational, financial and material support for natural and legal persons in the field of The Foundation's objectives.
9. Promoting formal and non-formal education and encouraging young people to participate in any kinds of formal and non-formal education.
10. Activities towards European integration among children, young people and adults.
11. Social assistance, health care and rehabilitation of disabled people.
12. Action against xenophobia and any kind of discrimination.
13. Action against poverty and social injustice.
14. Promoting the region of Lower Silesia.
§ 12
The Foundation shall perform Its tasks by the following means:
1. Organising access to and managing appropriate training, meetings, seminars, workshops, conferences, camps, exhibitions, cultural, promotional and information events; group and individual leisure.
2. Organising and managing social, cultural and information campaigns (including media campaigns).
3. Holding and managing competitions, awarding special prizes to socially active individuals and institutions.
4. Collecting funds for the statutory objectives.
5. Cooperation with other organisations and communities which support local initiatives.
6. Popularising interesting educational initiatives for children and young people.
7. Cooperation with domestic and foreign organisations referring to funds acquisition, sharing experience and performing the tasks of the Foundation.
8. Publishing.
9. Professional training in various fields to make it possible to perform the tasks and accomplish the objectives of the Foundation.
10. Setting up and suporting research aiming to develop social and economic knowledge of major importance to the objectives of the Foundation.
11.Support for people responsible for academic research, sport, tourism, non-formal education, healt care and conservation.
12. Attracting people to the mission of the Foundation and cooperation with them for the benefit of the local community.
13. Constant and consistent encouragement for action towards social and economic development of the region.
14. Acquisition and distribution of funds for social and economic development.
15. Promoting the idea of European integration and carrying out programmes connected with it.
16. Structural funds acquisition.
17. Operating grant and scholarship schemes.
18. Civil counselling.
19. Elimination of architectural barriers.
20. Material and conceptual help to poor and abusive families.
§ 13
In order to accomplish Its objectives the Foundation may support activities of other natural or legal persons whose action complies with statutory objectives of the Foundation.
Chapter 3 Assets and finance of the Foundation
§ 14
The Assets of the Foundation shall consist of the following: the authorised capital of PLN 1000 (one thousand Polish zlotych) and the financial assets, securities, real and movable property acquired by the Foundation during its operation.
§ 15
1. The income of the Foundation shall consist of:
a. Endowments, inheritances and bequests,
b. grants and subsidies,
c. income from collections and public events,
d. income from real and movable property,
e. interest, dividend and income from shares and bonds.
2. The Foundation shall not engage in economic activity.
§ 16
The Foundation may use the income from grants, subsidies, endowments, inheritances and bequests for any of Its statutory objectives unless benefactors decided otherwise.
§ 17
In the event of The Foundation being appointed to inheritance, the Board shall declare the acceptance of the inheritance under limitation of liability, only when at the moment of the acceptance it is clear that the active part of the inheritance is higher than the inheritance debts.
§ 18
The income from the assets of the Foundation shall be used to perform the statutory tasks and to cover necessary costs of the activities of the Foundation.
§ 19
The Board is authorised by the Founder's declaration to acquire, dispose and burden the assets and real property and to have the assets of the Foundation at its disposal.
§ 20
1. The foundation shall be subject to unlimited liability.
2. The financial activities of the Foundation shall be carried out in accordance with the regulations determined in the by-laws approved by the Foundation Council. In particular the by-laws shall determine the procedure of income distribution and utilization.
3. The Foundation shall not be allowed to:
a. grant loans or secure the liabilities with The Foundation's assets with respect to the members of the Foundation Council, members of the Foundation Board, or the Foundation employees as well as to persons related to the members of the Foundation Council, members of the Foundation Board, or the Foundation employees by blood or marriage, directly or collaterally, down to a relation between the children of the siblings, or by adoption, custody or guardianship, hereinafter referred to as "related persons",
b. place the assets of the Foundation at the disposal of members of the Foundation Council, members of the Foundation Board, or the Foundation employees and the persons related to them subject to terms and conditions other than as would be applied to third parties, particularly where such placing at disposal proceeds on a free-of-charge basis or on preferential terms,
c. use the assets of the Foundation to the benefit of the members of the Foundation Council, members of the Foundation Board, or Foundation employees and of their related persons subject to terms and conditions other than as would be applied to third parties,
d. purchase subject to special terms and conditions any goods and/or services from entities in which members of the Foundation Council, members of the Foundation Board, or Foundation employees and/or their related persons participate or have an interest.
Chapter 4 The Foundation Bodies
§ 21
The Foundation Bodies shall be as follows::
1. The Foundation Council,
2. The Foundation Board.
§ 22
1. The Foundation Council shall consist of at least 2 and not more than 5 persons.
2. The Foundation Council shall consist of persons appointed by the Founder.
3. The Foundation Council's term of office shall be 4 years.
4. The members of the Foundation Council shall elect a President, Vice President and Secretary from among the members of the Foundation Council. The President of the Foundation Council shall administer the activities of The Foundation Council, shall represent It in Its external relations, convene and chair the Foundation Council´s meetings.
5. Legal persons are represented in the Foundation Council by their representatives.
6. The Foundation Council membership comes to an end in the event of a written resignation, death of the Foundation Council member or removal from the office by the Founder before the expiry of the office term.
7. The Founder shall elect new members of the Foundation Council for the next term of office one month before the end of the previous Foundation Council's term of office.
8. The Foundation Council acts in accordance with the adopted administrative regulations set by the Founder.
9. The Foundation Council is a body of internal monitoring and supervision, distinct from the Foundation Board.
10. A member of The Foundation Council is not allowed to be: a member of the Foundation Board; a relative of a member of the Foundation Board; a subordinate to a member of the Foundation Board.
11. A person convicted of a deliberate crime who received a legally valid sentence is not allowed to be a member of The Foundation Council.
12. The members of The Foundation Council shall not receive remuneration for performing their duties.
§ 23
1. The Foundation Council shall meet in session at least once a year.
2. The session of the Foundation Council shall be convened by the President of the Foundation Council at his own discretion or on a written motion filed by the Board or the Founder.
3. The Foundation Council may appoint committees.
4. The members of the Board shall take part in the sessions of the Foundation Council in order to present their explanations.
§ 24
1. The Foundation Council shall adopt resolutions by the simple majority of votes. At least half of the number of the Foundation Council members shall be present at the vote, including the President or Vice President.
2. The resolutions on amendments to the Foundation Statute and on any personal changes to the Board shall be adopted by the majority of 2/3 of the valid votes cast. The resolutions on mergers with other foundations and on the liquidation of the Foundation shall be adopted by the majority of 3 valid votes cast.
§ 25
The Foundation Council shall be a competent body to supervise and monitor the activities of the Foundation, in particular it shall be competent to:
1. approve of the Foundation's action plan,
2. approve of the annual financial reports and to grant the approval of the fulfilment of duties (referring to economic and finacial matters) by the Foundation Board,
3. establish guidelines for the Board on the way of distribution of the acquired resources,
4. appoint and dismiss members of the Foundation Board,
5. employ and dismiss members of the Foundation Board and to determine their remuneration,
6. plan the activities of the Foundation,
7. secure the inflow of funds,
8. adopt resolutions on restructuring, merger or joining companies,
9. adopt resolutions on amending the Statute of the Foundation,
§ 26
The Foundation Council in order to perform its duties is entiltled to:
1. call the Foundation Board to present any and all documents concerning the activities of the Foundation,
2. audit the assets and finance of the Foundation.
§ 27
1. The Board shall be appointed by the Foundation Council,
2. The Foundation Board shall consist of at least 3 and not more than 5 members, including the Chairman of the Board and the Deputy Chairman.
3. The members of the Foundation Council cannot be appointed to the Board.
4. The Foundation Board's term of office shall be 5 years.
5. The Chairman shall manage the Board´s activities.
6. Detailed rules of the Foundation Board proceedings shall be determined by the By-Laws the Foundation Council has adopted.
7. The sessions of the Board shall take place when necessary, at least once a month.
§ 28
All the matters connected with The Foundation's activities which are not within the competence of the Foundation Council shall be within the competence of the Foundation Board. The Foundation Board while performing its duties shall: :
1. manage the Foundation´s everyday activities and Its assets,
2. represent the Foundation in Its external relations,
3. accept endowments, inheritances and bequests,
4. employ and dismiss the Foundation's staff,
5. keep the book of benefactors,
6. establish and liquidate branches and other organisation units of the Foundation,
§ 29
1. Declarations of will on behalf of the Foundation notwithstanding par. 2 shall be made by two members of the Board acting jointly, including the Chairman or the Deputy Chairman.
Declarations of will on behalf of The Foundation may be made by the Chairman of The Foundation acting individually in the matters of employment and accepting liabilities below the amount of PLN 2000 (two thousand).
R Chapter 5 Final provisions
§ 30
1. The Foundation shall be liquidated in the event that the objectives for which the Foundation has been established have been met or in the event that the financial resources of the Foundation are exhausted and the decision on the liquidation of the Foundation has been adopted.
2. The liquidation shall be carried out by the liquidator appointed by the Foundation Council. The liquidator shall have the rights of the Foundation Board.
3. The assets remaining after the process of the Foundation's liquidation shall be distributed in a manner which shall be decided by the Foundation by the resolution adopted pursuant to § 24 (1) on a motion filed by the Board and with the consent of the Founder.
4. The Minister of National Education and Sport shall be informed by the Foundation Board about the beginning of the liquidation proceedings and about the way the remaing assets of the Foundation shall be allocated.
§ 31
The provisions of the foundation law shall be be applicable to issues not governed by this Statute.
06 November 2005
Pawel Lukasz Błachowicz