Feminist Fund Statute
Section I. General Provisions
§ 1
1. The Feminist Fund, hereinafter referred to as “the Fund”, shall operate pursuant to the Foundations Law and stipulations of these Statutes.
2. The Fund was founded by Magdalena Pocheć, Marta Rawłuszko, and Justyna Frydrych, hereinafter referred to as “the Founders”, by virtue of a notarial deed drafted by Notary Agata Banasik, Kancelaria Notarialna (Notary Office) Agata Banasik, with its registered address at Pl. Zbawiciela 5 app. 8 in Warsaw, as of November 20th 2017.
§ 2
1. The Capital City of Warsaw shall be recognised as the registered seat of the Fund.
2. The Fund shall be established for an interminable period.
§ 3
1. The Fund shall operate throughout the territory of the Republic of Poland; notwithstanding the above, within a scope indispensable to the due and proper implementation of its objectives, the Fund may also operate beyond the territory of the Republic of Poland.
2. The Fund may use the abbreviated name FemFund, and for the purposes of cooperation with foreign countries, the Fund may use a translation of the name into foreign languages.
§ 4
1. The Fund shall be recognised as a legal entity.
2. The Fund shall be supervised by the minister competent for labour, social insurance and family affairs.
Section II. Objectives and Rules of Fund Operations
§ 5
1. Fund objectives shall comprise the following:
a. fostering the feminist movement in Poland,
b. developing feminist philanthropy,
c. acting to support women and social justice in all fields of life, in the private and public domain,
d. acting to eliminate root causes of inequality and oppression,
e. educational activities that raise awareness of exclusion and discrimination mechanisms, empower women and other marginalized groups,
f. supporting feminist initiatives, including marginalised groups and the intersectional perspective,
g. supporting initiatives involving participatory decision-making methods and belonging to local communities,
h. supporting non-governmental organisations acting to foster women’s rights,
i. supporting actions that foster feminist solidarity regionally and internationally,
j. building a community of allies and individual donors,
k. counteracting inequalities and human rights violations through development cooperation and humanitarian aid in Poland and abroad,
l. prevention of discrimination, specifically gender-, sexual orientation- and gender identity-based, as well as discrimination based on other grounds, in all fields of life, in the private and public domain,
m. supporting women as political entities actively participating in democratic and public processes,
n. supporting democratic processes and the development of civic society open to diversity.
§ 6
1. The Fund’s objectives shall be realised via the following, in particular:
a. awarding grants,
b. providing financial, in-kind, and substantive assistance to private individuals, institutions, and other organisations,
c. organising and moderating concerts and other artistic events,
d. engaging in non-profit research activity,
e. engaging in non-profit organisation and delivery of trainings and teaching courses, workshops, seminars, conferences, and other forms of education,
f. engaging in non-profit delivery of publishing-related and information-and-promotional activities,
g. developing positions, outlooks, recommendations, and expert opinions linked to the objectives of the Fund,
h. cooperating with non-governmental organisations, private individuals, public and private entities, both domestic and foreign, within the scope of implementing all objectives as duly listed in the Fund Statutes.
2. The Fund shall have the right to raise assets in Polish currency (PLN) and in foreign currencies, in individual banking institutions.
3. Paid public benefit activities include the following activities in accordance with the PKD register:
58.11.Z Book publishing: conducting publishing, journalistic and information-promotional activities.
72.20.Z Research and experimental development on social sciences and humanities: conducting research activities.
85.5 Out-of-school forms of education: organization and conduct of trainings, workshops, seminars and conferences, and other educational forms.
88.99.Z Other social work activities without accommodation not elsewhere classified: organizing and providing assistance and support in the field of social assistance to families and people who, due to their psychosexual orientation or gender identity, are in a difficult life or financial situation.
94.99.Z Activities of other membership organisations not elsewhere classified: awarding grants; financial, material and substantive support for individuals, informal groups, non-governmental organizations and other organizations; advocacy for the interests of minority groups and groups discriminated against on the basis of psychosexual orientation and gender identity; stimulating activity and strengthening the community of persons at risk of exclusion on the basis of psychosexual orientation and gender identity; cooperation with non-governmental organizations, natural persons, state and private institutions, Polish and foreign, in the implementation of the objectives listed in the Foundation’s statutes.
Section III. Assets and Income of the Fund
§ 7
Assets of the Fund shall comprise the initial fund of PLN 1,000 (say one thousand Polish zlotys), as well as other property acquired by the Fund in the course of its activities.
§ 8
1. Income of the Fund shall comprise the following:
a. grants and subsidies from legal entities, domestic and foreign,
b. donations, inheritance, and bequests by private individuals, from domestic and foreign sources,
c. banking interest and deposits,
d. public fundraisers revenues,
e. assets of the Fund,
f. paid activities.
2. The Fund shall have the right to raise assets in Polish currency (PLN) and in foreign currencies, in individual banking institutions.
3. The Fund may create reserve funds or other special purpose funds, in particular from the excess of revenues over costs. The Fund allocates the surplus of revenues over costs only to the statutory activities described in § 5 and § 6.
4. The Fund may conduct business activities on a scale serving the objectives of the Fund and separated from paid public benefit activities. The decision to start business activity may be taken by the Fund’s Management Board.
5. All revenue generated by the Fund shall be allocated to statute purposes in its entirety.
6. The Fund has no right to take actions consisting of:
a. granting loans or securing liabilities with the assets of the Fund in relation to members of the Fund’s Management Board or the Fund’s Audit Committee, or employees of the Fund and persons with whom members of the Fund’s Management Board or the Fund’s Audit Committee or employees are married, in cohabitation or in a relationship of kinship or affinity in a straight line, kinship or affinity in the collateral line to the second degree or are related by reason of adoption, custody or guardianship, hereinafter referred to as “close persons”,
b. transferring the Fund’s assets to members of the Fund’s Management Board or the Fund’s Audit Committee or employees of the Fund and their relatives, on terms other than in relation to third parties, in particular if the transfer takes place free of charge or on preferential terms,
c. use of assets for the benefit of members of the Fund’s Management Board or the Fund’s Audit Committee, or employees of the Fund and their relatives on terms other than in relation to third parties, unless this use directly results from the statutory purpose of the Fund,
d. purchase of goods or services from entities in which members of the Fund’s Management Board or Audit Committee or employees of the Fund and their relatives participate, on terms other than in relation to third parties or at prices higher than market prices.
§ 9
The Fund shall be accountable for its obligations up to the full value of its assets.
Section IV. Authorities and organizational structure of the Fund
§ 10
The authorities of the Fund include:
1. The Management Board of the Fund, hereinafter referred to as the Management Board,
2. Audit Committee of the Fund.
§ 11
1. The Board shall manage activities of the Fund, and represent it in external relations.
2. The Management Board consists of 3 – 5 persons appointed for a five-year term.
3. Board members may remain in office for a period extending beyond a single term.
4. The original Board of the Fund shall comprise its Founders. Successive members shall be elected by the Board by virtue of a resolution with a simple majority of votes, with all Board members present.
5. Members of the Management Board may not be convicted by a final judgment for an intentional offense prosecuted by public prosecution or a fiscal offense.
6. Board members may be employed by the Fund.
7. Board membership shall terminate upon a Board member’s written resignation or death.
§ 12
1. Fund Board tasks shall include the following, in particular:
a. defining the main directions of Fund activities,
b. managing day-to-day activities of the Fund,
c. delivering objectives as stipulated herein,
d. designing action plans and the related budget,
e. representing the Fund on the outside,
f. employing individuals and specifying their remuneration,
g. drafting reports from Fund activities,
h. receiving donations, inheritance, bequests, subsidies, and grants,
i. deciding as to amendments to Fund Statutes,
j. deciding as to potential mergers with other foundations,
k. deciding as to Fund liquidation and the allocation of its assets.
2. The Board of the Fund shall be obliged to draft annual Fund Operational Reports each year.
3. The Board of the Fund shall be responsible for delivering the objectives of the Fund as duly stipulated in its Statutes.
§ 13
1. Board meetings shall be held as required, yet no less frequently than once a year.
2. Board meetings shall be convened by a Board member by notification of the planned Board meeting date in advance.
3. Board meetings shall be recognised as valid provided that all Board members are duly notified of the venue, date, and agenda of the respective meeting.
4. The Management Board shall take decisions by means of resolutions by a simple majority of votes.
§ 14
Two Board members acting jointly shall be authorised to make statements of will and assume financial obligations on behalf of the Fund.
§ 15
1. The Audit Committee is an internal control body of the Fund, separate from other bodies of the Fund and is not subject to them in the scope of exercising control. The Committee also has advisory powers.
2. The powers of the Audit Committee include:
a. considering and approving the annual report on the activities of the Fund,
b. conducting control over the activities of the Fund,
c. expressing opinions on matters submitted by the Management Board, as well as on its own initiative.
3. The Audit Committee consists of 3 members and is elected for a joint term of five years.
4. Members of the Audit Committee are appointed by the Founders of the Foundation, appointing the chairman of the Committee.
5. The function of a member of the Audit Committee may be performed for more than one term.
6. The Audit Committee meets at least once a year.
7. A meeting of the Audit Committee is convened by the chairman of the Committee on their own initiative, or at the request of another member of the Committee, or at the request of the Fund Board.
8. The meeting of the Audit Committee is valid if all members have been duly notified of the place, date, and agenda of the meeting.
9. The Audit Committee shall take decisions in the form of resolutions by a simple majority of votes, in the presence of all member.
10. Members of the Audit Committee may not be members of the Board of the Fund, or be subordinate to the members of the Board on account of employment, marriage, cohabitation, or in a relationship of kinship or affinity in a straight line, kinship or affinity up to the second degree, or be bound by adoption, guardianship or wardship.
11. A person convicted by a final judgment for an offense committed intentionally prosecuted by public prosecution or for a fiscal offense may not be appointed to or serve on the Audit Committee.
12. Members of the Audit Committee may receive remuneration for performing their function or reimbursement of costs in connection with their function.
§ 16
1. The executive and management activities in relation to the resolutions of the Management Board are performed by the Fund’s office.
2. The administrative service of the Fund’s Management Board and the Audit Committee belongs to the Fund’s office.
3. The Fund may employ employees to achieve statutory objectives.
4. The working conditions and wages of the employees of the office shall be determined by the Management Board of the Fund through resolutions.
Section. V. Final Provisions
§ 17
1. The Fund shall be liquidated once all objectives it had been established to the purpose of having been delivered, or once its financial and other assets have been fully disbursed.
2. The Board of the Fund shall decide as to the Fund’s liquidation.
3. Any financial and other assets remaining upon Fund liquidation may be allocated to other organisations with similar objectives and engaging in activity within the territory of the Republic of Poland, by virtue of a resolution passed by the Board.