Statutes of the Art & Modern Foundation

 

Chapter I. General Provisions

§ 1

1. The Foundation operates under the name of the Art & Modern Foundation, hereinafter referred to in the Articles of Association as the “Foundation”.
2. The Foundation was established by Krzysztof Wejman, hereinafter referred to as the Founder, by means of a notarial deed, repertory A no. 14633/2021, drawn up by the notary Marek Bartnicki at the notary's office in Warsaw, address 00-362 Warsaw, ul. Gałczyńskiego 4, on 21.09.2021.
3. The Foundation operates on the basis of the Act of 6 April 1984 on Foundations and the provisions of these Statutes.

§ 2

1. The home of the Foundation is the City of Warsaw.
2. The area of the Foundation's activity is the Republic of Poland; however, to the extent necessary for the proper achievement of its objectives, the Foundation may also conduct its activity outside the borders of the Republic of Poland.
3. The Foundation may use a translation of its name in selected foreign languages for the purpose of cooperation with foreign countries.
4. The Foundation may join organisations and associations whose aims and activities further the objectives of the Foundation.

§ 3

1. The Foundation has a legal personality.
2. The Foundation is supervised by the minister responsible for culture and national heritage.

 

 

Chapter II. Objectives and Principles of the Foundation

§ 4

The objectives of the Foundation are:

1. educational and cultural activities for the dissemination of 20th-century Polish art and culture;
2. research activities in the field of 20th-century Polish art and culture;
3. protecting and increasing access to cultural assets and national heritage.

§ 5

1. The Foundation pursues its objectives through:
   1. the promotion of art and culture in Poland and abroad, in particular with the use of modern technologies;
   2. protecting tangible and intangible cultural assets and upholding national traditions;
   3. the organisation of cultural and artistic events, including exhibitions, screenings, and author meetings;
   4. to carry out and support research into 20th-century culture and art;
   5. the organisation of conferences, seminars, training courses, art, and science workshops;
   6. archiving, preserving and making available for scientific and artistic purposes collections of works of art;
   7. cataloguing, digitising, developing and making available to the public, based on the highest standards in the field;
   8. carrying out publishing activities;
   9. supporting and promoting all artistic creation;
   10. organising and supporting educational activities, including art education and extracurricular forms of art history education aimed at children, young people and adults;
   11. art conservation activities;
   12. cooperation with public institutions and non-governmental organisations working in the field covered by the Foundation's objectives, including museums, galleries, art schools, and libraries.z dochodów uzyskanych przez Fundację na zasadach przewidzianych w niniejszym statucie.
2. The fulfillment of the objectives of the Foundation shall be financed from the income generated by the Foundation in accordance with the rules provided for in these Statutes.
3. In order to fulfil its statutory objectives, the Foundation may carry out paid or unpaid public benefit activities in accordance with the principles set out in the regulations governing public benefit and volunteer work. Both of these activities will be separated in accounting terms to the extent that income, costs, and results can be determined by taking into account the applicable legislation.

§ 6

In order to achieve its objectives, the Foundation may support the activities of other persons and institutions converging with its objectives.

 

 

Chapter III. Assets and income of the Foundation

§ 7

1. The Foundation's assets consist of an initial fund of PLN 1,000 (in words: one thousand zloty) and other property acquired by the Foundation in the course of its activities.

§ 8

1. The Foundation's income may come from:
   
   1. endowments, inheritances, legacies;
   2. donations, subsidies, and grants;
   3. paid statutory activities;
   4. income from collections and public events;
   5. income from the Foundation's assets;
   6. interest and bank deposits;
   7. business activities.
2. The assets and income of the Foundation are dedicated to the fulfillment of the statutory objectives and to cover the costs of the Foundation's activities.

§ 9

1. The Foundation may carry out business activities only as additional to the public benefit activities specified in § 4 and 5 of these Statutes. Profit generated from business activities is allocated to the fulfilment of the statutory objectives of the Foundation.
2. The object of the Foundation's business activities may be, according to the Polish Classification of Activities (PKD 2007), activities in the field of:
   
   1. activities of cultural facilities (PKD 90.04.Z);
   2. artistic and literary creative activities (PKD 90.03.Z);
   3. retail sale of books in specialised shops (PKD 47.61.Z);
   4. other publishing activities (PKD 58.19.Z);
   5. educational activities (PKD 85.52.Z);
   6. the organisation of travel and stays, tourist events - among others, creative stays or stays in world cultural centres (79.12.Z);
   7. activities related to the organisation of trade fairs, exhibitions, and congresses (PKD 82.30.Z).

 

 

Chapter IV. Authorities of the Foundation

§ 10

1. The authorities of the foundation are:
   1. Foundation Board,
   2. Founder.
2. The Founder may create other bodies, in particular a Scientific Council of the Foundation. The other bodies will function on the basis of separate rules of procedure of the Foundation.

 

Chapter V. Foundation Board

§ 11

1. The Board of Directors consists of between 1 and 5 persons appointed and dismissed by the Founder.
2. The Founder of the Foundation is a member of the Board of the Foundation as the Chairman of the Board of the Foundation.
3. The Board's term of office is one year.
4. A member of the Executive Board may serve more than one term of office.

§ 12

1. The Board manages the Foundation's activities and represents it externally.
2. The Board's responsibilities include:
   1. the preparation and approval of annual financial and activity reports,
   2. enactment of rules and regulations
   3. to administer the assets of the Foundation,
   4. determine the staffing levels and the amount of funding for the remuneration of the Foundation's employees,
   5. taking decisions on all matters not delegated to other bodies,
   6. acceptance of donations, legacies and bequests, subsidies and grants,
   7. requesting and approving a merger with another Foundation.
3. The Executive Board makes decisions at its meetings in the form of resolutions - by a simple majority of its members present at the meeting of the Executive Board. In the event of an equal number of votes, the vote of the Chairman of the Board shall be decisive.
4. All Board members must be notified of the meeting.
5. The Board may appoint plenipotentiaries to manage a separate sphere of matters belonging to the tasks of the Foundation.

 

Chapter VI. Manner of Representation

§ 13

Declarations of intent on behalf of the Foundation shall be made by the Chairman of the Board alone or by two Board members acting jointly.

 

Chapter VII. Scientific Council of the Foundation

§ 14

1. The Foundation may have a Scientific Council, hereinafter referred to as the Council, which is an advisory body. The Council shall support the Board in its work, including the preparation of a programme of scientific and research work, publishing and teaching, and taking care of the high level of the Foundation's activities.
2. The Council is made up of academics, researchers, and specialists in the Foundation's area of activity.
3. The members of the Council are appointed, approved and dismissed by the Founder.

 

Chapter VIII. Final provisions

§ 15

Amendments to the Foundation's statutes are made by the decision of the Founder.

§ 16

1. The Foundation may merge with another foundation for the effective pursuit of its objectives.
2. In matters of merging with another foundation, the decision is made by resolution of the Foundation Board.

§ 17

In the event of the death of the Founder, their powers are assumed by the current Foundation Board.

§ 18

1. The Foundation shall be liquidated when the purposes for which it was established have been achieved or when its financial resources and assets have been exhausted.
2. The Board shall notify the Minister responsible for culture and national heritage of the liquidation of the Foundation.
3. The resolution to liquidate is taken by the Founder.

§ 19

The financial resources and assets remaining after the liquidation of the Foundation may be allocated by resolution of the Foundation's Board to foundations operating in the Republic of Poland with similar objectives.

§ 20

The Statutes enter into force on the day the Foundation is registered by the District Court for the Capital City of Warsaw.