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STATUTE Mikulski Art Foundation

Title I.
General Provisions

§ 1

The Foundation operates under the name MikulskiArt Foundation.

§ 2

The seat of the Foundation is in Dąbrowa.

§ 3

The Foundation operates within the territory of the Republic of Poland and abroad.

§ 4

The Foundation may conduct business activities within the scope defined by the Foundation’s objectives referred to in §7, and for the purpose of implementing them.

§ 5

The Foundation is established for an indefinite period.

§ 6

The minister competent for the Foundation is the Minister of Culture and National Heritage.

Title II.
Objectives of the Foundation

§ 7

1. The Foundation aims to:

    1. develop and promote culture and science,

    2. provide music education,

    3. cultivate national heritage.

§ 8
The Foundation achieves its objectives in particular through:

1. paid public benefit activities:

    1. organizing and conducting music lessons
    2. purchasing and redistributing musical instruments, accessories, and educational materials,
    3. purchasing and protecting works of art,
    4. publishing activities.

2. unpaid public benefit activities:

    1. organizing cultural events, in particular concerts, theater and opera performances, meetings with creators, festivals, exhibitions, seminars, workshops, courses, and competitions,

    2. promoting artists,

    3. undertaking and supporting initiatives for the popularization of culture and the creation of cultural communities,

    4. seeking out and promoting talented artists,

    5. organizing seminars, conferences, and scientific symposia,

    6. facilitating access to cultural education and culture, especially for persons with limited access,

    7. supporting cultural education by granting scholarships and research grants,

    8. international cooperation and cultural exchange,

    9. organizing public collections,

    10. organizing programs supporting local and regional initiatives in line with the Foundation’s objectives.

3. business activities, including:

    • 85.6 – Educational support activities

    • 90.1 – Creative activities

    • 90.2 – Performing arts activities

    • 90.3 – Support activities for performing arts

    • 90.31 – Activities of cultural institutions

    • 90.20.A – Artistic activities of philharmonics, orchestras, and choirs

    • 93.29 – Other entertainment and recreation activities not elsewhere classified

    • 59.2 – Sound recording and music publishing activities

    • 59.11 – Film, video, and television program production activities

    • 73.11 – Advertising agency activities

Title III.

Assets of the Foundation

§ 9

The assets of the Foundation consist of the founding fund and other property acquired by the Foundation during its operations.

§ 10

The founding fund contributed by the Founder amounts to PLN 3,000, of which PLN 1,000 is allocated to the commencement of business activities.

§ 11

Other sources of assets may include donations, grants, subsidies, bequests, funds obtained from public collections, income from business activities conducted by the Foundation, and others.

Title IV.
Authorities of the Foundation

§ 12

The authorities of the Foundation are the Management Board and the Foundation Council.

§ 13

The Management Board conducts the affairs of the Foundation and represents it in all legal and extralegal activities.

§ 14

The Management Board is composed of one person. Subject to §15, the Management Board is appointed and dismissed by the Foundation Council at the request of the Founder. The term of office is 3 years.

§ 15

The first one-person Management Board and simultaneously the President of the Management Board is the Founder.

§ 16

The Management Board does not receive remuneration for conducting the affairs of the Foundation. The Foundation Council may adopt a resolution granting remuneration and determining its amount.

§ 17

The Foundation Council consists of three members appointed and dismissed by the Founder for a term of 3 years. The Foundation Council elects from among its members a Chairperson, who directs its work, convenes, and presides over its meetings.

§ 18

The competencies of the Foundation Council include:

  1. exercising continuous supervision over the activities of the Foundation in all fields of its activity,

  2. evaluating the reports of the Management Board for compliance with documents, books, and the actual state,

  3. initiating programs and development directions of the Foundation,

  4. providing opinions on annual plans and expressing opinions on matters submitted by the Management Board,

  5. appointing and dismissing the President of the Management Board,

  6. amending the Statute,

  7. deciding on the liquidation of the Foundation.

§ 19

The Foundation Council meets as needed, at least twice a year, convened by the Chairperson. Meetings of the Council are recorded in minutes.

§ 20

Resolutions are adopted by a majority of votes, except for a resolution on the liquidation of the Foundation, which requires unanimity.

§ 21

Members of the Foundation Council are not entitled to remuneration. They are entitled to reimbursement of expenses related to participation in meetings.

§ 22

It is prohibited to:

  1. grant loans from the Foundation’s assets or secure obligations with the Foundation’s assets in relation to members of the authorities or employees, as well as persons with whom the members of the authorities or employees of the Foundation remain in marriage, cohabitation, or kinship or affinity in a direct line, kinship or affinity in a collateral line up to the second degree, or are related by adoption, guardianship, or custody (hereinafter referred to as “close persons”),

  2. transfer the Foundation’s assets to members of the authorities or employees and their close persons on terms other than those applicable to third parties, in particular if such transfer is free of charge or on preferential terms,

  3. use the Foundation’s assets for the benefit of members of the authorities or employees and their close persons on terms other than those applicable to third parties, unless such use directly results from the statutory purpose,

  4. purchase goods or services from entities in which members of the authorities of the Foundation or employees and their close persons participate, on terms other than those applicable to third parties or at prices higher than market prices.

Title V.
Final Provisions

§ 23 

Amendments to the Statute may be made at the request of the Management Board or on the initiative of the Foundation Council and require a resolution of the Foundation Council adopted by a majority of votes.

§ 24

The liquidation of the Foundation occurs in the event of exhaustion of the Foundation’s financial resources and assets, based on a unanimous resolution of the Foundation Council.

§ 25

The Foundation Council appoints a liquidator, who may be the last Management Board, and decides on the allocation of funds remaining after liquidation.