The statute
Chapter I. General Provisions
§ 1
The Foundation “Drop for Africa”, hereinafter referred to as the “Foundation,” established by Ireneusz Markowski, hereinafter referred to as the “Founder,” by a notarial deed dated October 24, 2019 (Repertory A number 4418/2019) drawn up by notary Małgorzata Lipska-Schydło at the Notary Office in Wrocław at 186 Grabiszyńska St., Suite 3b, operates on the basis of the Foundations Act of April 6, 1984 (Journal of Laws 1991 No. 46 item 203, as amended) and the provisions of this statute.
§ 2
- The seat of the Foundation is the city of Wrocław.
- The duration of the Foundation is indefinite.
- The area of operation of the Foundation is the territory of the Republic of Poland and abroad. The Foundation may establish permanent or temporary offices in countries other than the Republic of Poland.
§ 3
- The Foundation has legal personality.
- The Foundation is supervised by the Minister of Culture and National Heritage.
- For the purpose of cooperation with foreign entities, the Foundation may use translations of its name in selected foreign languages.
- The Foundation may use a graphic symbol with an inscription indicating its name.
- The Foundation uses a stamp with the Foundation’s identifying information. Depending on the needs, stamps may be used in Polish or other language versions.
§ 4
- The Foundation may conduct economic activities in the country and abroad exclusively to the extent necessary to achieve its statutory goals.
- The Foundation does not operate for profit. Any income earned by the Foundation will be allocated to the realization of its statutory goals.
- The Foundation may enter a partnership with companies, foundations, associations and other formations.
- The Foundation may be a member of national and international organizations with similar objectives, as long as they are allowed to operate in accordance with the Polish law.
§ 5
The Foundation may establish certificates, badges and honorary medals, and award them along with other prizes and distinctions to individuals and entities who have contributed to the Foundation’s cause in realization of its statutory goals.
Chapter II. Foundation’s Objectives
§ 6
The objectives of the Foundation are:
- Assisting the residents of Africa suffering from poverty, hunger, and lack of or limited access to water.
- Supporting education for children and youth in the poorest regions of Africa.
- Promoting the culture and art of young creators from the African region.
- Providing humanitarian aid in the poorest regions of Africa.
- Fostering mutual understanding, connection, and personal ties between people from distant societies and cultures.
- Assisting victims of disasters, natural calamities, military conflicts and wars, domestically and abroad.
- Conducting charitable activities.
- Promoting and organizing volunteer work.
- Promoting broadly defined culture and art of other countries and nations worldwide and within the territory of the Republic of Poland, as well as promoting the Polish culture and art abroad and domestically.
- Providing social assistance to individuals and families in order to enable them to overcome difficult life situations, that they would not be able to overcome within their own rights and capabilities, using their own resources.
§ 7
The Foundation achieves its objectives through:
- Constructing wells, water intakes, schools, and other public facilities in the poorest regions of Africa.
- Collaborating with the governments and embassies of African countries.
- Organizing individual patronage over children and youth from African countries by individuals from Poland and other countries, involving:
- Regular financial assistance covering educational and/or living expenses
- Exchange of letters and photos – through organizations, institutions, and individuals working with young residents of these countries, especially Polish missionaries.
- Collaborating with missionary centers operating on the African continent.
- Cooperating with other institutions, centers, and artistic organizations domestically and worldwide.
- Providing direct or indirect (through other organizations, institutions, and individuals) material and financial assistance (including scholarships) to youth and children who have limited access to education due to poverty, and to other people suffering from poverty.
- Organizing meetings, exhibitions, presentations, concerts, and other informational, educational, and cultural events dedicated to the countries mentioned in §3 – particularly informational and educational meetings for the Foundation’s donors with its collaborators working directly with the young recipients of the Foundation’s assistance.
- Establishing scholarships for students from African countries.
- Collaborating with media on issues related to promoting and publicizing the Foundation’s activities.
- Cooperating with other organizations, institutions, and individuals with goals aligned with the Foundation’s objectives, supporting them organizationally, materially, and financially.
- Undertaking economic initiatives to raise funds for the Foundation’s statutory activities.
- Providing humanitarian aid to the local population in case of food shortages and other calamities in areas covered by the Foundation.
- Engaging in other humanitarian activities not mentioned herein.
- Organizing musical concerts, educational broadcasts, and releasing records through its own or an external concert agency. In such case, all income made by the concert agency must be allocated to the Foundation’s statutory purposes.
- Conducting public fundraisers, auctions, and other activities to raise funds to help the Foundation’s beneficiaries overcome difficult life situations, as specified in §6 point 10.
- Organizing activities within the broadly defined field of health promotion.
- Purchasing equipment, devices, and materials to achieve the Foundation’s objectives and donating or lending them free of charge to individuals, facilities, and institutions mentioned in §6 and §7.
- Promoting knowledge related to the Foundation’s objectives via the Internet, mass media, radio or TV broadcasts, films, press articles, interviews in the press, radio, and television, and through various publications.
Chapter III. Foundation’s Assets and Income
§ 8
- The assets of the Foundation consist of the founding fund in the amount of 3,000 PLN (in words: three thousand zlotys) and other assets acquired by the Foundation during its operation.
§ 9
- The Foundation’s income may come from:
- Donations, bequests, legacies,
- Grants and subsidies from legal entities, foreign governments, and international organizations,
- Public support,
- Income from the Foundation’s assets,
- Income from economic activities conducted by the Foundation,
- Bank interest.
- All income earned by the Foundation is allocated exclusively to its statutory activities and covering the costs of its operations.
§ 10
Economic Activity
- The Foundation may conduct economic activities in accordance with general principles defined in separate regulations.
- The Foundation may conduct economic activities exclusively to the extent necessary to achieve its statutory goals.
- The Foundation may conduct economic activities within the European Union and beyond its borders.
- The Foundation may conduct economic activities in the following areas:
- PKD 01.13.Z Cultivation of vegetables, including melons, and root and tuber crops,
- PKD 01.19.Z Other non-perennial crop cultivation,
- PKD 88.91.Z Daycare for children,
- PKD 86.90.E Other healthcare activities not classified elsewhere,
- PKD 85.21.Z Extracurricular sports education and sports and recreation activities,
- PKD 85.60.Z Educational support activities,
- PKD 16.29.Z Manufacture of other wood products, cork, straw, and plaiting materials,
- PKD 16.24.Z Manufacture of wooden containers,
- PKD 32.0 Manufacture of other products not classified elsewhere,
- PKD 55.2 Tourist accommodation and short-term lodging,
- PKD 93.2 Entertainment and recreation activities,
- PKD 42.21.Z Construction of transmission pipelines and distribution networks,
- PKD 43.13.Z Site preparation and geological engineering drilling,
- PKD 43.22.Z Plumbing, heating, gas, and air-conditioning installation.
Chapter IV. Foundation’s Authorities
§ 11
- The Foundation’s authorities are:
- (repealed)[1]
- The Foundation’s Management Board, hereinafter referred to as the “Management Board”.
- Members of the Management Board do not receive remuneration for their participation in the work of this body, except for reimbursement of documented expenses related to their participation in the work of these bodies, including travel costs related to the realization of the Foundation’s statutory objectives. (amended)[2]
Chapter V. Foundation Council
§ 12 (repealed)[3]
§ 13 (repealed)[4]
§ 14 (repealed)[5]
§ 15
It is prohibited to:
- Grant loans or secure obligations from the Foundation’s assets to the Founder and members, members of the bodies or employees, as well as persons with whom the members, members of the bodies, and employees of the Foundation are married, cohabiting, or related by blood or affinity in a direct line, collateral line up to the second degree, or are related by adoption, guardianship, or curatorship, hereinafter referred to as “close persons”,
- Use the assets for the benefit of members, members of the bodies, or employees and their close persons on terms other than those applicable to third parties, unless such use directly results from the statutory objective.
Chapter VI. Management Board
§ 16
- The Foundation’s Management Board may be single-member or multi-member, but it consists of no more than three members. A single-member Management Board is considered to have all powers of the Management Board defined in the statutes. (amended)[6]
- The function of a member of the Management Board may be held for more than one term of office.
- A member of the management board may be an adult natural person with full legal capacity.
- The first composition of the Management Board is appointed by the Founder.
- The Founder may be a member of the Foundation’s Management Board.
- Membership in the Management Board ceases as a result of:
- Submitting a written resignation to the Foundation Council,
- Loss of civil rights as a result of being convicted by a final court judgment of a crime committed intentionally,
- Death of a member of the Management Board.
- (repealed)[7]
§ 17
- The Management Board represents the Foundation externally and manages its activities.
- The competences of the Management Board include:
- managing the current activities of the Foundation,
- implementation of statutory goals,
- preparing work plans and budgets,
- managing the Foundation’s assets,
- representing the Foundation externally,
- hiring employees and determining their remuneration,
- adopting regulations and developing organizational structures of the Foundation,
- making decisions on all matters not transferred to the competence of other bodies of the Foundation,
- appointing and dismissing heads of organizational units of the Foundation, appointing advisory teams[8]
- supervising the activities of all units, organizational units and persons employed or acting on behalf of the Foundation,
- establishing awards, distinctions, distinctions and other forms of honoring people who have contributed to the idea and goals of the Foundation,
- accepting donations, inheritances and bequests, subsidies and subsidies,(repealed)[9]
- deciding to change the Foundation’s statute,[10]
- making decisions about merging with another foundation or liquidating the Foundation,[11]
- (repealed)[12]
§ 18
- Meetings of the Management Board are held as needed, but at least once a year. (amended)[13]
- Meetings of the Management Board are convened by the President, sending information about the date by e-mail, or if this is not possible, by registered mail, at least 7 days before the planned meeting.
- All members of the Management Board must be informed about the meeting.
- The Management Board makes decisions by means of resolutions. by a simple majority of persons, unless further provisions provide otherwise. In case of equal distribution of votes, the vote of the President of the Management Board is decisive.
§ 19
- The President of the Foundation’s Management Board is authorized to make declarations of will, including in property matters, on behalf of the Foundation. (changed)[14]
- (Repealed)[15]
Chapter VII. Final Provisions
§ 20 (Repealed)[16]
§ 21
- The Foundation may merge with another foundation with similar objectives for the effective realization of its statutory goals.
- The decision to merge with another foundation is made by the Founder. (amended) [17]
§ 22
- The Foundation shall be liquidated if the objectives for which it was established are achieved or if its financial resources and assets are exhausted.
- The Management Board of the Foundation notifies the competent minister about the liquidation of the Foundation.
- The decision on liquidation is made by the Foundation’s Management Board. (changed)[18]
- Financial resources and assets remaining after the liquidation of the Foundation may be allocated by resolution of the Management Board to organizations operating in the Republic of Poland with similar goals. During the liquidation of the Foundation, the Founders have the right to recover all financial contributions and assets invested in the Foundation during its operation. (amended)[19]
- In matters not regulated by this Statute, the provisions of the Act of April 6, 1984 shall apply. about foundations.
- The Statute comes into force on the day the Foundation is registered by the Registry Court in Wrocław.
Footnotes
- By the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- Added by the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- Added by the amendment dated October 10, 2023
- Added by the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- By the amendment dated October 10, 2023
- By the amendment dated October 10, 2023