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German - Polish

the German – Polish ‘Hope’ Foundation Statute

§ 1 the Name, the Seat and the Legal Form

1. The name of the Foundation is the GERMAN – POLISH ‘HOPE’ FOUNDATION.
2. The seat of the Foundation is Szamotuły town in the Republic of Poland.
3. The Foundation is based on Polish civil law. 

§ 2 the Foundation Activities

a) education and further improvement of the youth and unemployed people,
b) organization of vocational training, traineeships, social work with the youth in work environment,
c) help for Polish agricultural institutions,
d) organization of meetings and exchange among the Polish and the German youth,
e) realization of the activities enclosed in the ‘Agreement on good neighborly relations and pleasant cooperation between the Federal Republic of Germany and the Republic of Poland’ concluded in June, 1991. 

§ 3

1. Part of the Foundation property consists of:
a) the initial fund, consisting of agricultural machines, brought in by the Founders in the form of fourteen agricultural machines, in aggregate value of 43,825,700 zlotys (in words: forty three million eight hundred and twenty five thousand seven hundred zlotys),
b) incomes from the economic activity ran by the Foundation, particularly from sold machines and agricultural appliances,
c) funds and the goods coming from gifts and fund raisings, inheritance, national and foreign donations, as well as from other sources according to the generally binding regulations on the area of the Republic of Poland.
2. The property mentioned in section 1 may be used exclusively for the activities specified in the clause no. 2.
3. The Foundation activity scope limits to accomplishing the activities specified in the clause no. 2.
4. The Foundation activity forms:
a) organization of the courses, trainings and vocational education,
b) running the economic activity in the scope of selling machines and agricultural appliances as well as the improvement of land quality,
c) training and organization of new posts particularly for the Polish secondary, college, and vocational schools graduates,
d) organizational and essential help for pupils from the Polish orphanages,
e) exchange of experiences and vocational practices among young farmers from Poland and the Federal Republic of Germany,
f) making efforts to gain possibilities of further education of Polish school graduates on the area of the Federal Republic of Germany,
g) conducting activities in the scope of natural environment preservation, particularly in: works in the scope of afforesting, cleaning the containers and watercourses, works for protecting creations of the initial nature – nature monuments, old parks and congregation of the rare flora. 

§ 4 the Foundation Authorities

The Foundation authorities consist of:
1. The Foundation Council, the Foundation Board.
2. The Executive Director. 

§ 5 the Foundation Council

1. The Foundation Council consists of ten members: five councilors from the Polish and German parties. The Council is appointed by the Founders in the open voting, by the common majority of votes, in the presence of at least half of the Founders.
2. The Council term lasts two years; the councilor may be appointed for the next term after elections.
3. During the first meeting, in open voting, by common majority of votes, in the presence of at least half of the Councilors, the Council appoints the Chairman for the two-year-term. Another appointment is possible.
4. The Council makes its decisions in the resolutions form at the meeting, and the Chairman or the Deputy Chairman and the half of the statute listed Counselors take part in.
5. The Council resolutions are passed by the majority of votes, in the presence of at least half of the Councilors, unless the Council or other statute decisions determine differently. During the votes counting, important are only those of ‘pros’ and ‘cons’. If the quantity of ‘pros’ and ‘cons’ votes is equal, the proposition is rejected.
6. The Council meetings minutes are kept. The minutes are signed by the Chairman or the Deputy Chairman and one of the present Councilors. Every Councilor receives the copy of the minutes.
7. The Councilor’s successor is appointed during the same procedure as the Counselor, except that his seat lasts only till the end of the particular term. 

§ 6 the Foundation Council Activities

1. The Board work coordination, especially on the correct fulfillment of the Board tasks resulted from the Foundation activities.
2. Budget acceptance.
3. Certification of the balance strike along with the report on the actual property state.
4. Certification of the statute activities fulfillment by the Board.
5. Giving or declining the Board exoneration.
6. Implementing changes in the statute on the Board motion.
7. Decision making on the Foundation reorganizing, joining or dissolution.
8. Election and withdrawal of the Board members.

§ 7 the Board

1. The Board constitutes of twelve members, six from the Polish and six from the German parties.
2. The Board is appointed and withdrawn by the Council in the open voting.
3. The Board term lasts two years. After the term the Board members run the Foundation until new elections.
4. During the first meeting, among its members, the Board appoints the Chairman and the Deputy Chairman, in the open voting.
5. The Board member may be withdrawn by the Council in majority of two third of the statute Councilors in case of:
a) inability of further accomplishment of their duties,
b) breaking their duties in significant way.
Before the voting on the withdrawal the Council should hear out the Board member, unless they are absent.
6. The clause regulation no. 5, section 8 is applied respectively. 

§ 8

1. The Chairman calls as well as runs the Board meeting.
2. In case of the Chairman’s inability to act, the powers, mentioned in section 1, are entitled to the Deputy Chairman.
3. The Board meetings take place in case of need, yet not rarer than once a year. Information about the Board meeting should include the agenda and should be delivered at least three weeks before the meeting.
4. The Board makes its decisions in the resolutions form, provided that the Chairman or the Deputy Chairman and five Board members are present.
5. The Board resolutions are passed by the majority of the ‘pros’ and ‘cons’ votes.
6. The Board meetings minutes are kept. The minutes are signed by the Chairman or the Deputy Chairman and one of the present Board members. The resolutions minutes should be kept literally. The minutes are collected and kept in the Foundation seat. Every Board member receives the copy of the minutes. 

§ 9 the Foundation tasks

1. Managing the Foundation activities and representing it outside.
2. Concern of the Foundation fluent and solid activities realization.
3. Managing the Foundation property.
4. Decision making on the purpose of means granted and incomes of the Foundation.
5. Creation of the financial reserves.
6. Appointing and withdrawal of the executive director.
7. Controlling the executive director activities.
8. Working out and presenting to the Counselors the proposals of changes in the statute.
9. The proposals presented to the Council in the case of Foundation reorganization, joining or dissolving. 

§ 10

Outside the Foundation is represented by the Board Chairman and the Deputy Chairman, and in the case of inability of the joined activities - the Chairman or their Deputy Chairman together with the Board member. 

§ 11 the Executive Director

1. The Executive Director is appointed by the Board.
2. The Executive Director’s tasks:
a) realization of the tasks and decisions made by the Council and the Board,
b) arranging the current matters of the Foundation,
c) current running the Foundation office. 

§ 12 the Budget Plan

1. The Board should present the next year budged at the end of the year, at the latest.
2. The plan mentioned in section 1 has to be approved by the Council.

§ 13 the Yearly Settlement

1. The settling year is the calendar year.
2. The Board is obliged to present the report consistent with the yearly establishment, together with the balance sheet of the property state and the report on the statute activities fulfillment within the four months from the closing of the settling year.

§ 14

1. The activities mentioned in clause no. 2 may be changed, provided that the Foundation activities initially was engaged into, do not exist anymore, or in the near future will stop exit (reorganization). The Foundation is dissolved in case of the lack of financial means and the Foundation property.
2. The contract reorganization or dissolving must be approved by the Board and the Council. 

§ 15

1. The Founders establish the Foundation statute.
2. The change of the statute may be enforced on the Board motion in the resolution form of the Council, by the three fourth of the statute Councilors votes.
3. The change of the statute requires the registration in the proper Register Court.

§ 16

In case of dissolving the Foundation, left financial means will be transferred:
1. to the orphanage in Szamotuły in one third.
2. to the orphanage in Lipnica in one third.
3. to the orphanage in Otorowo in one third.

§ 17

In case of unregulated cases in the statute, the rules regulations from the April 6th,1984 about the Foundations, and generally binding regulations will be applied. 

§ 18

The statute resolutions come into force the moment of execution of the Foundation registration to the register. The German – Polish ‘Hope’ Foundation statute resolutions were established by the Founders on the assembly on May 1st, 1993.

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