Statute of the Jubilo Foundation

Our legal framework: mission, governance, and operating principles.

CHAPTER 1

General Provisions

§ 1

The Foundation under the name Fundacja JUBILO, hereinafter referred to as the “Foundation,” was established by Daniel Shin Han, hereinafter referred to as the Founder, by notarial deed drawn up by notary Katarzyna Duduś at the Notarial Office of Katarzyna Duduś in Wrocław, at ul. Legnicka 17, premises 74, on April 25, 2013, under repertory A number 1616/2013.
The Foundation operates on the basis of the provisions of the Act of April 6, 1984, on Foundations (consolidated text: Journal of Laws of 1991, No. 46, item 203, as amended) and other universally binding provisions of Polish law, as well as the provisions of this Statute.
The Foundation is a self-governing, apolitical, democratic organization and is not affiliated with any religious denomination.
In its activities, the Foundation is guided by the principle of respect for human dignity, rights, and freedoms.

§ 2

The Foundation has legal personality.
The registered office of the Foundation is the city of Wrocław.
The Foundation has been established for an indefinite period.

§ 3

The area of activity of the Foundation is the territory of the Republic of Poland, provided that, to the extent necessary for the proper achievement of its objectives, it may also conduct activities outside the borders of the Republic of Poland.
The Foundation may be a member of national and international unions, associations, and organizations. It may establish its representative offices, branches, and subsidiaries domestically and abroad.
The manner of establishing and the structure of the aforementioned representative offices, branches, and subsidiaries shall be determined by separate regulations adopted by the Management Board of the Foundation in accordance with the applicable legal provisions.
For the purpose of international cooperation, the Foundation may use translations of its name in selected foreign languages.

§ 4

The Foundation shall use a seal bearing an inscription indicating its name and registered office, as well as stamps with the Foundation’s identifying data.
The Foundation may use a graphic mark of the Foundation with an inscription indicating its name.

§ 5

The Foundation may establish certificates, badges, and honorary medals and award them, together with other prizes, scholarships, and distinctions, to natural and legal persons who have rendered meritorious service to the Foundation.
The designs and rules for awarding certificates, badges, honorary medals, and other prizes, scholarships, and distinctions shall be determined by separate regulations adopted by the Management Board of the Foundation in accordance with the applicable legal provisions.

§ 6

Supervision over the activities of the Foundation, within the scope specified by the Act on Foundations, shall be exercised by the minister competent for matters of culture and national heritage.

CHAPTER 2

Objectives and Forms of Activity of the Foundation

§ 7

The objectives of the Foundation are:

the development and promotion of culture in Poland and worldwide,
supporting all fields of art and all cultural activities,
supporting and implementing all cultural, educational, scientific, social, and sports initiatives of a local, supra-local, and international character,
supporting initiatives in the field of ecology, ecological education and sustainable development, as well as tourism and sightseeing,
activities for the protection of animals and the preservation of natural heritage,
activities supporting regional, local, and national development in Poland and worldwide,
supporting and promoting physical culture and sport in Poland and worldwide,
health protection and promotion, medical tourism,
charitable activities,
activities serving the development of science, higher education, education, schooling and upbringing, as well as culture, art, sport, medicine, and activities serving the development of civil society,
activities for the integration of artistic, scientific, medical, and sports communities,
activities for the benefit of persons with disabilities,
activities for the benefit of national minorities, discriminated groups (ethnic, religious, and sexual minorities) and disadvantaged groups (including the poor, the unemployed, and the elderly), as well as for local communities and societies, with emphasis on the youngest and groups at risk of social exclusion,
assistance to victims of disasters, natural calamities, armed conflicts, and wars domestically and abroad, and counteracting the side effects of civilizational development through activities in the fields of art, education, science, medicine, and sport,
counteracting addictions and social pathologies, and activities for public order and safety,
dissemination and protection of women’s rights and activities for equal rights of women and men,
promotion of employment and professional activation of persons remaining without employment and those at risk of dismissal,
activities for the leisure and recreation of children and youth,
activities in the field of rescue services and the protection of humankind,
activities supporting the development of technology, inventiveness, and innovation, as well as the dissemination and implementation of new technical solutions in practice,
supporting new methods and forms of conducting activities focused on body work,
promotion and protection of tangible and intangible cultural heritage and cultural diversity in Poland and abroad,
activities for the integration of European states and the development of contacts and cooperation between societies,
supporting international youth exchange,
promotion and organization of volunteering,
activities for tolerance and intercultural dialogue,
dissemination and protection of human freedoms and rights, as well as civil liberties, and activities supporting the development of democracy,
activities for the family, motherhood, parenthood, and the dissemination and protection of children’s rights,
activities providing technical, training, informational, or financial support to non-governmental organizations,
other activities for culture, art, science, education, physical activity, medicine, and sport.

§ 8

The Foundation pursues the above objectives through:

organizing and supporting cultural, artistic, social, educational, health, and sports events and activities, including: festivals, concerts, theatrical performances, film screenings, exhibitions, competitions, shows, symposia, conventions, scientific conferences, training courses, workshops, and all other forms of promotion and implementation of individual fields,
cooperation with other scientific and sports centers, as well as cultural, artistic, and medical institutions in Poland and abroad,
exchange of experience among the medical, sports, scientific, and artistic communities,
organizing and conducting art therapy workshops for persons with disabilities, facilitating social activity of persons with disabilities, including the elimination of prejudice against persons with disabilities,
supporting the activities of amateur, independent, and professional creators in fields such as: audiovisual arts, dance, theater, photography, fine arts, literature, music, and sport,
promoting initiatives and attitudes, and undertaking activities conducive to the development and promotion of contemporary creativity, projects related to dance, movement, theater, multimedia art, as well as education, medicine, and sport, both in Poland and beyond its borders,
supporting and organizing activities serving regional, local, and national development in Poland and worldwide,
initiating and popularizing events that animate the urban fabric and take place in urban space,
supporting initiatives promoting health and health education,
activities aimed at improving physical fitness in order to achieve body movement awareness and to improve overall motor skills, as well as disseminating the art of conscious and controlled movement,
supporting the safety of all physical activities by creating proper movement technique,
conducting informational, scientific, research, and publishing activities,
informational and popularization activities devoted to issues consistent with the Foundation’s objectives, including: (a) publishing activities, (b) audiovisual activities, (c) film and stage activities, (d) multimedia activities,
establishing and awarding scholarships, prizes, and distinctions,
participation in domestic and foreign events promoting culture, art, sport, and medicine, e.g., art fairs, workshops, festivals, symposia, and other events organized for socially beneficial purposes related to art, protection of cultural assets, and physical activity,
organizing and supporting international cultural cooperation between creators, participants of cultural life, and cultural institutions,
creating and implementing programs and projects, including international cooperation, enabling the exchange of best practices and the development of innovative working methods, and subsequently disseminating and incorporating the developed results into practice,
cooperation with local government authorities, governmental authorities, other institutions, and non-governmental organizations in Poland and abroad within the scope specified in the Foundation’s objectives,
initiating and organizing campaigns aimed at raising financial resources for the Foundation, such as exhibitions, shows, lectures, auctions, and others,
promoting and supporting the activities of natural and legal persons and organizational units without legal personality whose activities are consistent with the statutory objectives of the Foundation,
activities aimed at equalizing opportunities for groups of persons with disabilities, weaker individuals, and persons remaining without employment and those at risk of dismissal,
activities for the benefit of national minorities, discriminated groups (ethnic, religious, and sexual minorities) and disadvantaged groups (including the poor, the unemployed, and the elderly), as well as for local communities and societies, with emphasis on the youngest and groups at risk of social exclusion,
assistance to victims of disasters, natural calamities, armed conflicts, and wars domestically and abroad, and counteracting the side effects of civilizational development through activities in the fields of art, education, science, medicine, and sport,
counteracting addictions and social pathologies, and activities for public order and safety,
dissemination and protection of women’s rights and activities for equal rights of women and men,
activities in the field of ecology, ecological education and sustainable development, as well as tourism and sightseeing,
activities for the protection of animals and the preservation of natural heritage,
charitable activities,
activities serving the development of science, higher education, education, schooling and upbringing, and activities serving the development of civil society,
organizing or co-organizing and financing various forms of summer and winter recreation for children and youth,
activities in the field of rescue services and the protection of humankind,
activities supporting the development of technology, inventiveness, and innovation, as well as the dissemination and implementation of new technical solutions in practice, and supporting the development of entrepreneurship,
promotion and protection of tangible and intangible cultural heritage and cultural diversity in Poland and abroad,
activities for the integration of European states and the development of contacts and cooperation between societies,
supporting international youth exchange,
activities serving the promotion and organization of volunteering,
activities for tolerance and intercultural dialogue,
dissemination and protection of human freedoms and rights, as well as civil liberties, and activities supporting the development of democracy,
activities for the family, motherhood, parenthood, and the dissemination and protection of children’s rights,
activities providing technical, training, informational, and financial support to non-governmental organizations.

§ 9

To the extent necessary for the achievement of its statutory objectives, the Foundation may employ workers under employment contracts, as well as entrust the performance of specific tasks or activities within the framework of other legal relationships.
The activities of the Foundation may also be supported voluntarily and without remuneration by persons who are not its members (volunteers). Volunteers who perform work for the Foundation may be reimbursed for necessary costs related to the work performed.

§ 10

The Foundation may cooperate with all governmental, local government, private, and non-governmental institutions in activities contributing to the achievement of its statutory objectives.

§ 11

The Foundation may carry out tasks commissioned by governmental and local government authorities and units.

§ 12

The Foundation may establish, both in the city of its registered office and outside it, offices, field offices, agencies, research centers, and other facilities pursuing its statutory objectives.
The manner of establishing and the structure of offices, field offices, agencies, research centers, and other facilities shall be determined by separate regulations adopted by the Management Board of the Foundation in accordance with the applicable legal provisions.

§ 13

The Foundation pursues its objectives through conducting paid and unpaid activities.

CHAPTER 3

Assets and Income of the Foundation

§ 14

The assets of the Foundation consist of the founding fund specified in the notarial deed in the amount of PLN 1,000 (in words: one thousand PLN), as well as financial resources, real estate, movable property, and property rights acquired by the Foundation in the course of its activities.
The Founder shall not bear liability for the obligations of the Foundation.

§ 15

The funds for the achievement of the Foundation’s objectives and the coverage of its operating costs shall come from:
grants, subsidies, and subventions,
donations, inheritances, and bequests, both domestic and foreign,
income from assets, real estate, and property rights,
income from gifts, collections, and public events,
income from financial operations, interest, and bank deposits,
income from movable and immovable property and property rights,
public funds,
income from paid statutory activities,
European Union funds,
other sources (compensatory damages and monetary payments awarded to the Foundation by a court, payments made by business entities).
The Foundation may accumulate its funds in Polish currency and in foreign currencies in appropriate banks, in accordance with foreign exchange regulations.

§ 16

A donor, upon transferring assets to the Foundation, may stipulate that such funds are to be designated for a specific type of the Foundation’s activity. The Management Board of the Foundation may refuse to accept this condition. In such a case, the Foundation shall return the funds transferred by the donor. If the transfer of funds is not accompanied by a specification of the purpose of their use, the Foundation may allocate them to any statutory objective.
In matters of accepting donations and inheritance, the declarations required by law shall be made by the Management Board of the Foundation.
In the event that the Foundation is called to inherit, its Management Board shall submit a declaration of acceptance of the inheritance with the benefit of inventory only if, at the time of submitting such declaration, it is evident that the estate exceeds the debts of the inheritance.
All income obtained by the Foundation shall be allocated to the achievement of its statutory objectives and to the coverage of the Foundation’s operating costs.

CHAPTER 4

Governing Bodies of the Foundation

§ 17

The governing body of the Foundation is the Management Board.
In addition, the Management Board may establish an Advisory Council.

§ 18

Advisory Council:

In the event of the establishment of an Advisory Council by the Management Board:

The Advisory Council of the Foundation shall consist of 2 to 15 members, including the Chairperson of the Advisory Council of the Foundation and the President of the Management Board.
The Chairperson of the Advisory Council shall be appointed by the Management Board by way of a resolution for a term of 3 years. The Chairperson may be re-elected multiple times.
Members of the Advisory Council of the Foundation shall be elected by the Chairperson of the Advisory Council for a term of 3 years. The Management Board shall have the right to submit to the Chairperson a motion for the appointment of a given Member of the Council.
A member of the Advisory Council of the Foundation may be appointed to its composition multiple times.
Members of the Advisory Council may be natural persons who support the Foundation organizationally, substantively, or materially.
Members of the Advisory Council of the Foundation may be dismissed by the Management Board by way of a resolution before the expiry of their term for the following reasons:

– submission of a resignation,

– taking up an occupation the nature of which prevents the proper performance of the function of a member of the Council,

– a material violation of the provisions of the Statute.

Members of the Advisory Council shall not receive remuneration for participation in the work of this body; however, in justified cases, they may receive reimbursement for expenses incurred and documented in connection with such activities.
The Advisory Council is an advisory and consultative body of the Foundation. Its competencies include in particular:

– issuing opinions on annual and multi-year programs of the Foundation’s activities,

– presenting opinions to the Management Board regarding priorities in the Foundation’s current activities,

– taking positions on matters submitted by the Management Board,

– proposing amendments to the Statute to the Management Board.

Meetings of the Advisory Council shall be held as needed, but not less frequently than once a year. The Management Board may request the convening of an additional meeting of the Council. Members of the Council shall be informed of a meeting at least two weeks prior to the meeting.
Resolutions of the Advisory Council of the Foundation shall be adopted by a simple majority of votes, provided that the validity of such resolutions requires the presence of at least half of its members, including the Chairperson. In the event of an equal number of votes cast for and against a given resolution, the vote of the Chairperson shall be decisive.
Members of the Advisory Council may participate in all campaigns, events, and undertakings organized by the Foundation or with its participation.
Members of the Advisory Council and the Management Board may invite to the meetings of the Advisory Council of the Foundation persons or representatives of organizations whose activities are consistent with the objectives of the Foundation.

§ 19

Management Board of the Foundation:

The Management Board of the Foundation shall consist of one to five members.
Members of the first Management Board and the President of the Management Board shall be appointed by the Founder. Members of subsequent Management Boards shall be appointed by the outgoing Management Board.
The Management Board shall be appointed for a five-year term.
The function of a member of the Management Board may be held for more than one term.
Membership in the Management Board of the Foundation shall terminate as a result of:
expiry of the term of office,
dismissal,
judicial deprivation of public rights or loss of legal capacity,
death of the member of the Management Board.
Dismissal of a member of the Management Board shall take place in the event of: submission of a written resignation to the Management Board of the Foundation; taking up employment the nature of which prevents the proper performance of the function of a member of the Management Board; illness, infirmity, or loss of strength causing permanent inability to perform the function; improper performance of the function of a member of the Management Board; a material violation of the provisions of the Statute.
The remaining members of the Management Board shall be authorized to dismiss members of the Management Board for the reasons listed in § 19, item 6.
During the term of office, the Management Board may elect additional members in accordance with § 19, section 1.
The Founder may become a member of the Management Board of the Foundation.
In the event that, upon the expiry of the Management Board’s term of office, a new composition has not been appointed, the Management Board in its existing composition shall fulfill its functions until the appointment of a new Management Board.
The President of the Management Board shall direct the work of the Management Board, represent it externally, and convene and preside over meetings of the Management Board.
Members of the Management Board may remain in an employment relationship with the Foundation.

§ 20

Tasks and Competencies of the Management Board:

The Management Board of the Foundation shall direct its activities, perform executive and managerial functions, and represent the Foundation externally.
The scope of competencies of the Management Board shall include making all decisions concerning the Foundation, and in particular:
directing the current activities of the Foundation,
adopting annual and multi-year programs of activity and financial plans of the Foundation, implementing statutory objectives,
adopting regulations,
managing the assets of the Foundation,
accepting subventions, subsidies, donations, inheritances, and bequests,
employing workers and determining their remuneration,
preparing annual reports on the Foundation’s activities,
organizing and convening meetings of the Advisory Council,
adopting resolutions on amendments to the Statute, merger, and liquidation of the Foundation,
establishing and dissolving branches and other organizational units (i.e., subsidiaries, representative offices, offices, field offices, agencies, research centers),
conducting audits of assets and financial audits of the Foundation, its branches, and other organizational units,
making decisions on all matters not assigned to the competence of other governing bodies.
Members of the Management Board may receive remuneration for the performance of their functions.
The remuneration of members of the Management Board of the Foundation shall be determined by the Founder. The Founder may designate, which requires written form, a natural or legal person who shall assume the exercise of the above authority.
In the event that the Founder holds a position on the Management Board of the Foundation, the remuneration of members of the Management Board shall be determined, instead of by the Founder, by a representative of the Foundation appointed by the Founder.
The Management Board may appoint proxies to manage a separate sphere of matters within the Foundation’s tasks.

§ 21

Meetings of the Management Board shall be held as needed, but not less frequently than once per quarter.
Meetings of the Management Board shall be convened by the President.
The Management Board shall make decisions at meetings by way of resolutions adopted by a simple majority of votes, unless further provisions of the Statute provide otherwise. In the event of an equal distribution of votes, the vote of the President of the Management Board shall be decisive.
All members of the Management Board must be notified of a meeting.

§ 22

Manner of Representation:

Declarations of intent on behalf of the Foundation, in property and non-property matters, shall be made by each member of the Management Board independently.

CHAPTER 5

Amendment of the Statute of the Foundation

§ 23

Amendments to the Statute of the Foundation shall be made by the Management Board of the Foundation by a majority of 2/3 of the votes.
Amendments to the Statute may concern the objectives for the achievement of which the Foundation was established, as specified in the founding act.

CHAPTER 6

Merger with Another Foundation

§ 24

For the effective realization of its statutory objectives, the Foundation may merge with another foundation with similar objectives on terms determined by the interested parties.
A merger may not take place if, as a result thereof, the objective of the Foundation could be materially altered.
The decision to merge with another foundation shall be made by the Management Board of the Foundation by way of a unanimous resolution.

CHAPTER 7

Liquidation of the Foundation

§ 25

The Foundation shall be liquidated upon the achievement of the objectives for which it was established, upon the exhaustion of its financial resources and assets, or for other important reasons preventing the continuation of its activities.
The decision on liquidation shall be made by the Management Board by way of a unanimous resolution.

§ 26

The President of the Management Board shall notify the minister competent for matters of culture and national heritage of the liquidation of the Foundation.
The financial resources and assets remaining after the liquidation of the Foundation shall be allocated, by way of a resolution of the Management Board of the Foundation, to foundations operating in the Republic of Poland with similar objectives.

CHAPTER 8

Final Provisions

§ 27

The Founder shall have the right to participate in meetings of the Management Board of the Foundation.

§ 28

This Statute was established by the Founder in accordance with the content of the declaration of intent on the establishment of the Foundation dated April 25, 2013, and shall become effective upon the entry of the Foundation in the National Court Register.