STATUE OF THE FOUNDATION
CHAPTER I. GENERAL PROVISIONS
The Foundation under the name: Fundacja Chcieć to Sprobowac – hereinafter referred to as the “Foundation”, established by Władysława Anna Ząbkiewicz, hereinafter referred to as the Founder, by a notarial deed drawn up by notary Paweł Orłowski at the notary office in Warsaw, ul. Chłodna 15 on December 3, 2015, operates under the Act of 6 April 1984 on Foundations (Journal of Laws of 1991, No. 46, item 203) and this Statute.
The Foundation’s headquarters is in Warsaw.
The Foundation was established for an indefinite period of time.
- The area of the Foundation’s activities is in the territory of the Republic of Poland and abroad.
- For the proper realisation of its goals, the Foundation may conduct activities outside the borders of the Republic of Poland.
- The Foundation can create branches, factories, subsidiaries, as well as join and participate in commercial companies and foundations.
- The minister responsible for the Foundation’s aims is the Minister of Health.
- The Foundation’s name is: The Foundation Want to Try It. The Foundation may use its distinctive logo and equivalent in foreign languages.
- The Foundation has the right to use the name, sign, seal.
CHAPTER II. OBJECTIVES AND PRINCIPLES OF THE FOUNDATION
The aims of the Foundation are:
- Rehabilitation, therapy and activation of people with disabilities;
- Preventing social isolation of people with disabilities and their families and promoting tolerance and creating conditions for integration with individuals with disabilities;
- The promotion of knowledge about the rehabilitation of individuals with disabilities, and especially those with dysfunctions of the motor organs;
- Cooperation with specialists therapists, physiotherapists, physicians, orthotics, instructors, trainers;
- Facilitating contacts between people with disabilities and their families and experts;
- Organizing, supporting and assisting in a variety of educational projects in the field of rehabilitation, therapy, physical culture and sport, especially those with disabilities;
- Support for social initiatives in the area of physical culture and sport, especially disabled people;
- Social assistance for people with disabilities and their families in difficult life situations and the equalisation of their chances of life;
- Integration of groups, environments, and individuals involved in rehabilitation and sport;
- Activities for the integration and reintegration of the occupational and social life of persons at risk of social exclusion;
- Protection and promotion of health;
- Development of employment and activation and counteracting unemployment;
- Promoting healthy lifestyles and sport, especially disabled people;
- Organisation and development of volunteering;
The Foundation realises its goals by:
- Promoting physical activity adapted to the capacity of the disabled, organising active forms of spending time, promoting participation in culture and social life.
- Organizing, financing or co-financing various forms of rehabilitation and therapy for the disabled – in particular rehabilitation through sport, physiotherapy, occupational therapy, psychological and pedagogical therapy.
- Organizing, financing or co-financing camps, sports activities, rehabilitation stays integration meetings, as well as thematic workshops for people with disabilities and their families.
- Counseling on the assessment of the functioning of the disabled and counselling and mediation in the selection and purchase of rehabilitation, therapeutic, orthopaedic equipment and equipment to facilitate independent functioning including sports equipment.
- Creating of individual rehabilitation and therapy programs for people with disabilities (especially rehabilitation and therapy through sport);
- Organizing, initiating events or participating in activities designed in particular to obtain financial and material resources for the Foundation’s purposes.
- Organizing training, courses, workshops, symposia and conferences related to rehabilitation, therapy and the problems of people with disabilities and their families.
- Raising the qualifications of therapists, physiotherapists, instructors and coaches related to the achievement of the statutory objectives of the Foundation, including the financing of courses, workshops and specialist training.
- Organizing or financing the purchase of rehabilitation equipment and equipment supporting people with disabilities.
- Cooperation with local and state administration bodies, legal and individuals, sports clubs, rehabilitation centres, associations and foundations in Poland and abroad.
- Develop cooperation with the therapeutic, medical and sports environment in the field of the Foundation.
- Financing the issue of letters, newsletters, books and other publications related to the Foundation’s activities.
- Creation and implementation of educational programs.
- Financing of marketing and educational activities related to the Foundation’s activities.
- Promoting and supporting the promotion of sport for people with disabilities.
- Participation in national and international events related to rehabilitation, the sport of children, adolescents and adults as well as national and international cultural and sports events.
- Organizing, conducting and supporting research related to the Foundation’s objectives.
- The Foundation may establish badges, honour medals or other distinctions and award them to individuals or other entities deserving the Foundation.
- The Foundation may establish badges, real prizes for participants in classes organised by the Foundation.
- The Foundation can support the activities of other legal entities and individuals whose activities coincide with the Foundation’s objectives.
- To achieve its aims, the Foundation may co-operate with other national and foreign entities operating in line with its goals and bodies working in a specific field.
CHAPTER III. PROPERTY AND REVENUE OF THE FOUNDATION
- The Foundation’s assets constitute the Funder’s contribution of PLN 3500.00 (three thousand five hundred zlotych), representing founding fund of the Foundation and its financing.
- The Foundation’s realisation based on the capital and income earned by the Foundation, as provided for in the statute.
- The founds comes from:
- home and abroad donations, inheritances, donations, grants and subsidies,
- favourable income from promotions and rebounds conducted by the Foundation,
- benefits from investments in banks and capital market institutions,
- revenue from the Foundation’s assets,
- The Foundation is responsible for its liabilities with all its assets,
- Achievements, needs to be able to receive on the Foundation’s account and at the Foundation’s cash register.
The Foundation can not:
- Granting loans or securing liabilities to the Foundation’s property in respect of its members or its staff and persons with whom the members of the Foundation and its employees are married, in a common relationship or in a relationship of a straight line, affinity or affinity lateral to second-degree or related to adoption, care or guardians, hereinafter referred to as “loved ones”.
- Transfer the Foundation’s assets to members of the bodies or employees and their relatives, except financial support for statutory purposes to persons with a disability certificate.
- Make use of the property to members of the Foundation’s or Foundation staff and their relatives on a non-third-party basis, unless such use is directly attributable to the statutory purpose.
- Make purchases of goods or services from entities in which the members of the Foundation’s bodies or employees of the Foundation and their relatives participate, on a non-third-party basis or at market prices.
Revenues from grants, donations, inheritances and subscriptions can be used to fund all Foundation goals.
In the case, the inheritance, the Board of Directors of the Foundation makes a declaration of acceptance of inheritance with the favour of the inventory and only if at the time of making this statement it is evident that the state of the estate significantly exceeds the inheritance debts.
The legal activities of the Foundation may be conducted as a free or paid activity. Both forms of activity will be separately identified in accounting to enable the determination of revenues and expenses, taking into account the accounting rules.
CHAPTER IV. THE POWER OF THE FOUNDATION
The Foundation’s bodies are:
- Council of the Foundation,
- Foundation Board,
Resolutions of the Foundation’s governing bodies are adopted by a simple majority of votes in the presence of at least half of the members unless otherwise provided for in this Statute.
CHAPTER IVA. COUNCIL OF THE FOUNDATION
- The Foundation Council consists of 3 (three) to 5 (five) persons.
- The first composition of the Board of Trustees, including the President, appoints the Founder for an indefinite period.
- The Founder may revoke any member of the Foundation Council throughout the existence of the Foundation.
In case of cancellation, resignation or death of a member of the Board of Trustees, the next members of the Foundation Council, including the President of the Foundation Council, shall be appointed by the Founder or in the case of the Foundation’s death.
- Council Members:
- They cannot combine membership in the Foundation Council with the function of the Foundation Board or with the working relationship with the Foundation.
- If a member of the Foundation Council is appointed, with his consent, to the Board of the Foundation or a member of the Council of the Foundation employs a member of the Foundation, his membership in the Foundation Board shall expire.
- They cannot be convicted of a guilty, guilty plea guilty of a public charge or a fiscal offence.
- For members of the Board of Trustees and for attending meetings, members of the Board of Trustees are not remunerated, but may, in justified cases, receive reimbursement of expenses incurred and documented in connection with this activity.
- Membership of the Foundation Board ceases on:
- Resignation by a member;
- Member death;
- Appeal by the founder, or by other members of the board of trustees in the event of the founder’s death, and in particular in the case of:
- Improperly fulfilling the function of a member of the board of trustees;
- Violation of the statute of the foundation;
- Permanent loss of ability to perform functions due to illness or infirmity;
- Other circumstances that result in loss of trust to a given member of the foundation board;
- The final conviction for a crime committed intentionally.
- In the case of the death of the founder, the dismissal of a member of the foundation board and thus depriving him of membership in the foundation board may be affected by a resolution adopted unanimously by the other members of the foundation board.
- The work of the Foundation Council is directed and represented by the President of the Foundation Council and outside the Foundation Board.
- In case of equality of votes, the final decision on voting on the resolution is made by the Chairman of the Council of the Foundation.
- The Board of Trustees is a body of control and supervision, distinct from the governing body and not subject to internal control or supervision, and has the power of initiative and opinion. The Foundation Council’s regulations are additionally governed by the Rules of the Foundation Council.
- The tasks of the Foundation Council include in particular:
- Appointing a proxy to conclude agreements with members of the Foundation’s Board,
- Setting out the main directions of the Foundation’s activities,
- Approval of the foundation’s programs of activity,
- Proposing amendments to the Statute of the Foundation,
- Setting direction guidelines for the Board of Directors, as to how to distribute the collected funds,
- assessment of the correct use of the Foundation’s assets and funds,
- Evaluation of the Foundation’s annual reports on the Foundation’s activities,
- Passing and amending the Regulations of the Foundation Council and approving the Board’s proposed Regulations and its amendments,
- To adopt with the consent of the Founder the resolutions on the merger or liquidation of the Foundation, and the establishment of a branch of the Foundation,
- Consultation with the Foundation Board of remuneration of members of the Foundation Board and guidelines on the amount of remuneration of Foundation employees and other persons who cooperate with the Foundation on the basis of civil-law contracts,
- Expressing opinions on matters submitted by the Foundation Board.
To carry out its inspection tasks, the Foundation Board is in particular entitled to:
- Request from the Foundation Board to present any documents concerning the Foundation;
- Asking members of the Foundation Board to submit written or oral explanations;
- Attending meetings of the Foundation Board with an advisory vote.
CHAPTER IVB. FOUNDATION BOARD
- The foundation board consists of 2 (two) to 5 (five) members.
- The first composition of the foundation’s management board, including the president of the foundation board, appoints the founder for an indefinite period.
- The founder may appeal to any member of the foundation’s board of trustees throughout the existence of the foundation on its own or in writing to the board of trustees, the foundation’s decision being final.
- Except for the first composition of the foundation’s board, which is appointed by the founder, following members of the foundation’s management board, including the next president of the foundation’s board, are appointed by the current president of the board.
- In the event of the death of the president of the foundation board, subsequent members of the foundation board, including the president of the foundation board, shall be appointed by the foundation’s founder or in the event of his/her death.
Membership of the Foundation Board ceases when:
- In the event of the resignation of a member of the foundation board.
- In the case of the death of the foundation board member.
- The recall of a member of the foundation board is in particular:
- To carry out an activity whose character makes it impossible to properly perform the function of a member of the foundation board,
- Illness, infirmity or loss of power – causing permanent inability to perform that role,
- Not fulfilling the duties of a member of the foundation board for more than 2 (two) months,
- Improperly fulfilling the function of a member of the foundation board,
- in the event of significant violation of the provisions of the Statute.
Members of the Foundation Board may not be members of the Foundation Council Board and may not be convicted of a deliberate criminal offence prosecuted for public prosecution or fiscal offence.
- The foundation’s board directs its activities and represents the foundation outside.
- Representatives of the foundation are authorised either by the president of the management board of the foundation acting alone or by two members of the foundation board collaborating.
- Detailed rules of operation of the foundation board are set out in the regulations of the foundation board proposed by the foundation board and adopted by the foundation board.
- In case of equality of votes, the final decision on a vote on the resolution of the foundation board is taken by the president of the foundation board.
- Members of the foundation board may remain in the employment relationship with the foundation.
- The remuneration of members of the foundation board is determined by the foundation board or by the founder, where the foundation’s decision in case of disagreement with the foundation board is final.
- Employment contracts with the foundation’s employees are provided by the foundation board, while agreements with the board members or by the proxy appointed by the foundation.
- Remuneration for members of the foundation board and foundation staff is paid from the foundation.
The Foundation Board is responsible for:
- Directing the current activities of the foundation and representing it outside,
- Fund and fund management of the foundation,
- Determining the size of employment,
- Determining the principles of remuneration, some funds for salaries and awards for the foundation’s employees and those who cooperate with the foundation by civil law contracts,
- Adoption of the foundation’s annual and multiannual programs and financial plans,
- Implementation of the foundation’s programs,
- Preparation of the foundation’s annual financial statements required by the accounting regulations and the annual activity report of the foundation under the law on foundations,
- Implementation of specific donor decisions, unless they conflict with the objectives of the foundation or with the provisions of this statute,
- Passing regulations and internal acts not provided for by the statute to the competence of the foundation council,
- Filing applications for amendments to the statute, merger, creation of a branch of the foundation or liquidation of the foundation.
- Accepting donations, inheritances, subscriptions, grants and contributions,
- Decision-making on any matter not transferred to the competence of other bodies,
- The foundation’s board may call on the plenipotentiaries to direct a separate sphere of responsibility to the foundation.
The Foundation’s Board is responsible to the Foundation Council for implementing the statutory objectives of the Foundation and for the correctness and purposefulness of the activities undertaken by the Foundation.
CHAPTER V. CREATING BRANCHES, JOINING THE FOUNDATION
- To effectively achieve its goals, the Foundation can create branches in Poland and abroad.
- The decision on the establishment of a branch is made by the Council of Trustees, by way of a unanimous resolution adopted after reading the position of the competent minister.
- To achieve its goals effectively, the Foundation can connect with another foundation.
- The merger can not take place if the Foundation’s goal could be significantly altered.
- The decision on the merger is made by the Council of Trustees, by way of unanimous resolution after having read the position of the minister responsible.
CHAPTER VI. SOLUTION AND LIQUIDATION OF THE FOUNDATION
- The foundation is liquidated if the objectives for which it was founded or if its resources and assets are exhausted.
- The decision to liquidate the Foundation is made by the Founder or in the event of the Foundation’s death the Foundation Board and the Council of the Foundation together.
- The liquidator appointed by the Foundation Board is liquidated.
- The property left after the liquidation is allocated to the Foundation’s statutory purpose, in particular by transferring it to institutions whose activities correspond to this Foundation’s purpose.
CHAPTER VII. CHANGES TO THE STATUTE
Changes to the Foundation’s Statute are made by the Foundation Council on its initiative or at the request of the Foundation’s Board of Directors, however, always after obtaining the written consent of the Founder. In case of the death of the Founder, the Board of Directors and the Council of the Foundation jointly decide to amend the Statute.
CHAPTER VIII. FINAL PROVISIONS
The Foundation shall submit to the competent minister every year a report on its activities for the previous year.
The statute enters into force on the date of registration of the Foundation by the Court in the National Court Register.
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