Statutes

General provisions

§ 1

  1. The Foundation named Afriquia Foundation, hereinafter referred to as the Foundation, established by: Bartłomiej Osadnik, hereinafter referred to as the founder, the notarial deed Rep. Rep. A 5961/2018 drawn up by the notary public Bartłomiej Nowak in the notarial office in Chorzów, 33/1 Stefana Batory Street, on 13.08.2018 acts on the basis of Polish law and these statutes.
  2. The Foundation is apolitical and not connected with any religion.

§ 2

The Foundation shall have legal personality.

§ 3

  1. The first seat of the Foundation is the city of Chorzów.
  2. The Foundation shall be established for an indefinite period of time.

§ 4

  1. The Foundation may operate on the territory of the Republic of Poland and abroad.
  2. The Foundation uses stamps with the identification data of the Foundation.

§ 5

The activity of the Foundation is supervised by the Minister of health.

§ 6

The Foundation does not conduct any business activity.

Objectives and principles of the Foundation’s operation

§ 7

The objectives of the Foundation are:

  1. Research and collection of data on the needs for assistance.
  2. The acquisition, repair and distribution of used medical equipment.
  3. Acquisition and distribution of medical equipment and medicines.
  4. Cooperation and financial / material support of domestic and foreign institutions, carrying out activities aimed at protecting the health of Africans and improving their living conditions.
  5. Obtaining, managing and distributing financial resources, tangible and intangible gifts to the people in need.
  6. Organisation of aid trips.
  7. Organisation of public collections.
  8. Organising conferences, seminars and information campaigns on volunteering and the problems of African continent inhabitants.
  9. Conducting and supporting activities for the development of infrastructure, science, health care, education and upbringing.

The assets and income of the Foundation

§ 8

The Foundation realizes its goals through:

  1. Cooperation with local government, government and non-governmental organizations as well as other entities within the scope mentioned for the Foundation’s operation.

§ 9

The Foundation’s assets include its founding fund in the amount of PLN 1,000 (one thousand zlotys) and other property acquired by the Foundation in the course of its operation.

§ 10

The revenue of the Foundation may in particular accrue from:

  1. Donations, inheritances, bequests ,
  2. Grants and subsidies ,
  3. Revenue from public collections and events,
  4. Income from the assets of the Foundation,
  5. Bank interest,
  6. Other sources.

§ 11

  1. Income from grants, subsidies, donations, inheritances, bequests, interest and other sources may be used to achieve the objectives of the Foundation.
  2. In matters of acceptance of donations and inheritance declarations required by law shall be made by the Board of the Foundation.
  3. In the event of the Foundation being established to inherit from the inheritance, its Board shall submit a statement of acceptance of the inheritance with the benefit of the inventory.

Authorities of the Foundation

§ 12

  1. The authorities of the foundation are:
    a) The Council of the Foundation, hereinafter referred to as the Council,
    b) The Foundation’s Board of Directors, hereinafter referred to as the Board

§ 13

  1. The Council of the Foundation is the control and opinion-forming body of the Foundation.
  2. Foundation Council consists of 2 to 10 members and is elected for a five-year term of office.
  3. The members of the first Council shall be appointed by the Founder. Successive members of the Council are appointed by the Council in place of persons who have ceased to perform these functions or in order to expand the composition of the Council, by its decision.
  4. The Council of the Foundation shall be appointed and dismissed by the Board and its individual members.
  5. Membership in the Council cannot be combined with membership in the Board.
  6. Membership in the Council expires as a result:
    A) voluntary withdrawal submitted in writing to the Foundation Council,
    B) the loss of our civil rights as a result of a conviction for wilful misconduct by a final court decision,
    C) death of a member of the Council.
  7. The Foundation Council in order to perform its tasks is authorized to:
    A) Request from the Board of the Foundation to present all documents concerning the activities of the Foundation.
    B) Review the assets and financial control of the Foundation.

The Board of the Foundation

§ 14

  1. The Board of the Foundation consists of 2 to 3 members appointed by the Council of the Foundation for a period of 5 years.
  2. The first composition of the Board of the Foundation and the First President shall be appointed by the Founder.
  3. Members of the Board of the Foundation perform their function free of charge.
  4. Foundation Council appoints the next President of the Board.
  5. The members of the Board of the Foundation may be dismissed by the Council of the Foundation by way of a resolution adopted unanimously by all members of the Council.
  6. Membership in the Board ceases as a result:
    A) voluntary withdrawal submitted in writing to the Foundation Council,
    B) the loss of our civil rights as a result of a conviction for willful misconduct by a final court decision,
    C) death of a member of the Management Board.

§ 15

  1. The Board shall manage the activities of the Foundation and represent it in external relations.
  2. The tasks of the Board shall include in particular
    a) adopting annual plans of the Foundation’s activities and financial plans,
    b) adopting rules of procedure,
    c) managing the Foundation’s assets,
    d) determining the number of employees and the amount of funds for the remuneration of the Foundation’s employees,
    e) taking decisions on any matter not delegated to the competence of other authorities,
    f) accepting donations, legacies and bequests, subsidies and grants,
    g) submitting a motion and giving consent to amend the statutes of the Foundation, merge with another Foundation and liquidate the Foundation.
  3. The Board shall make decisions at its meetings in the form of resolutions – by a simple majority of votes of its members present at the meeting of the Board. In case of an equal distribution of votes, the vote of the President of the Board is decisive.
  4. The meeting must be notified to all members of the Board.
  5. The Board may appoint proxies to manage a separate area of matters belonging to the tasks of the Foundation.

Method of Representation

§ 16

  1. The declarations of will on behalf of the Foundation, subject to par. 2, shall be made by two members of the Board acting jointly.
  2. Declarations of will in the field of ordinary management may be made by the President of the Foundation.

Liquidation of the Foundation

§ 17

  1. The Foundation shall be liquidated if the objectives for which it was established have been achieved or if its financial resources and assets have been exhausted.
  2. Liquidators of the Foundation shall be appointed and dismissed by the Board of the Foundation.
  3. The Board shall notify the Minister of health about the liquidation of the Foundation.

 

§ 18

The decision on liquidation shall be taken by the Board by way of a unanimous resolution, which in order to produce legal effects requires the approval of the Council of the Foundation.

§ 19

The financial resources and assets remaining after the liquidation of the Foundation may be allocated pursuant to a resolution of the Council of the Foundation for the benefit of foundations operating in the Republic of Poland with similar objectives.

§ 20

The Statutes shall enter into force on the day on which the Foundation is registered in the National Court Register.