APPROVED:
According to the Founder’s Decision No. 1 dated March __, 2024.
Founder of BO “BF “BLAHOSVIT OF UKRAINE:
______________/ Ignatenko S.O.
REGULATIONS
CHARITY ORGANIZATION
“CHARITABLE FOUNDATION
“BLAHOSVIT UKRAINE”
Kharkiv,
2024
2
TERMS
1.1.
CHARITY ORGANIZATION “BLAHOSVIT UKRAINE CHARITY FOUNDATION”, hereinafter referred to as “the Foundation”, is a charity organization, the main purpose of which is to carry out charitable activities in the interests of society and individuals. In its activities, the Foundation is governed by the Constitution of Ukraine, the Civil Code of Ukraine, the Law of Ukraine “On Charitable Activities and Charitable Organizations”, other current regulatory and legal acts of Ukraine and this Charter.
1.2.
Terms are used in this Charter in the sense provided by the Law of Ukraine “On Charitable Activities and Charitable Organizations”
1.3.
Name of the Fund in Ukrainian:
full – CHARITY ORGANIZATION “BLAHOSVIT UKRAINE CHARITY FOUNDATION”;
abbreviated – BO “BLAHOSVIT UKRAINE” BF
Name of the Fund in English:
complete – ___________________________________;
abbreviated – ____________________.
1.4.
Location: 61032, Kharkiv city, Heroiv Kharkiv avenue, bldg. 290, sq. 49.
1.5.
The activities of the Fund extend to the territory of Ukraine.
1.6.
Type of charitable organization: charitable foundation.
1.7.
The fund acquires the rights of a legal entity from the day of its state registration, carried out in accordance with the procedure established by the current legislation of Ukraine.
1.8.
The fund is an independent legal entity, has separate property, an independent balance sheet, accounts in bank institutions, a seal with its name, identification code and other signs of a legal entity in accordance with current legislation. The Foundation has the right to perform transactions on its own behalf, enter into contracts, receive rights, bear obligations, be a plaintiff and a defendant in courts.
1.9.
The Fund has all the rights of a legal entity and civil legal relations with a participant.
1.10.
The fund can be the founder and participant of enterprises, business associations, other legal entities in accordance with the legislation.
1.11.
The Fund is independently responsible for its obligations with all property belonging to it, which may be levied in accordance with the law.
1.12.
The participants (founders) of the Fund are not responsible for the obligations of the Fund, and the Fund is not responsible for the obligations of its participants, unless otherwise established by the legislation of Ukraine.
1.13.
The state is not responsible for the obligations of the Fund, just as the Fund is not responsible for the obligations of the state.
1.14.
The Fund is a non-profit organization under the legislation of Ukraine and does not aim to receive and distribute profits among participants (founders), members of management bodies, other persons related to them, as well as among employees of the Fund.
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1.15.
The fund is created for an indefinite period.
2. PURPOSE, SUBJECT, OBJECTIVES AND FORMS OF THE FUND’S ACTIVITIES
2.1.
The main goal of the Foundation is to provide assistance to promote the legitimate interests of beneficiaries in the areas of charitable activity defined by this Charter, as well as the development and support of these areas in the public interest.
2.2.
The Foundation’s areas of charitable activity are:
1)
education;
2)
health care;
3)
ecology, environmental protection and animal protection;
4)
prevention of natural and man-made disasters and elimination of their consequences, assistance to victims of disasters, armed conflicts and accidents, as well as refugees and persons in difficult life circumstances;
5)
custody and care, legal representation and legal assistance;
6)
social protection, social security, social services and poverty alleviation;
7)
culture and art, protection of cultural heritage;
8)
science and scientific research;
9)
sport and physical culture;
10)
human and citizen rights and fundamental freedoms;
11)
development of territorial communities;
12)
development of international cooperation of Ukraine;
13)
stimulating the economic growth and development of the economy of Ukraine and its individual regions and increasing the competitiveness of Ukraine;
14)
promoting the implementation of state, regional, local and international programs aimed at improving the socio-economic situation in Ukraine;
15)
promotion of defense capability and mobilization readiness of the country, protection of the population in emergency situations of peace and war.
2.3.
The subject of the Fund’s activity is selfless activity that does not involve receiving profits from this activity, in the interests of society or certain categories of persons in accordance with the goals and tasks defined by this Statute and the legislation of Ukraine.
2.4.
The main tasks and areas of activity of the Fund are: participation in the provision of assistance to citizens of Ukraine, foreigners and stateless persons who have suffered as a result of natural disasters, ecological, man-made and other disasters, as a result of hostilities or armed conflict, widespread manifestations of violence, social conflicts, unfortunate cases, as well as victims of repression, refugees, forced migrants from the area of the anti-terrorist operation and temporarily occupied territories;
2.4.1.
humane support ______________
cultural, social, cultural, health initiatives;
2.4.2.
providing assistance to socially vulnerable sections of the population,
4
large and low-income families, pregnant women,
orphans, the elderly, the disabled, people without a certain place of residence and all the poor who need this help;
2.4.3.
support of sociological research on political, socio-economic, legal and cultural issues;
2.4.4.
promoting the development of health care, social protection, education, science, culture, sports and tourism, promoting a healthy lifestyle;
2.4.5.
promoting the protection of the natural environment and the animal world;
2.4.6.
assistance in providing sick, disabled and lonely elderly people with medicines and essential goods;
2.4.7.
assistance in conducting conferences, seminars, meetings on issues of health and environmental protection, science, culture and education;
2.4.8.
improvement of the financial situation of recipients of charitable assistance;
2.4.9.
implementation of charity programs to provide assistance to citizens and legal entities in order to protect their violated rights, freedoms and legitimate interests;
2.4.10.
promotion of cultural and educational work among the population in mass media in order to promote the ideas of universal human values, ideals of goodness, mercy and benevolence;
2.4.11.
promoting the implementation of charitable measures to ensure the employment of the population, promoting the establishment of centers of voluntary work, increasing the role of voluntary work in solving social problems;
2.4.12.
promoting the protection of motherhood, childhood and parenthood;
2.4.13.
helping to strengthen the prestige and role of the family in society;
2.4.14.
providing assistance to orphanages, shelters, boarding schools, as well as penal institutions;
2.4.15.
promoting the improvement of the conditions and standard of living of orphans and children left without parental care;
2.4.16.
promoting the development of family forms of placement of children left without parental care;
2.4.17.
assistance in the development and implementation of measures aimed at the development of the network of social protection institutions;
2.4.18.
assistance in providing children’s homes, orphanages and boarding schools for orphans and children deprived of parental care, educational institutions, scientific institutions with modern manuals and textbooks, educational materials, laboratory equipment, computer classes and other equipment, etc.;
2.4.19.
promoting the organization and support of any activities aimed at helping persons suffering from leukemia, oncological diseases and other serious diseases, as well as promoting the prevention, diagnosis and treatment of these diseases, providing support to patients and promoting the rehabilitation of persons who have suffered from these diseases;
2.4.20.
assistance in the organization of free food places;
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2.4.21.
promoting the protection of cultural heritage, historical and cultural environment, historical and cultural monuments, burial places;
2.4.22.
support for the implementation of international and national programs and projects for the purpose of fulfilling statutory tasks, participation in such programs.
2.5.
In order to carry out charitable activities and in accordance with the main tasks and areas of activity, the Foundation has the right to:
2.5.1.
independently decide on the issue of providing charitable assistance to its recipients, use targeted donations submitted by benefactors for the implementation of the charitable program in accordance with the terms of this donation;
2.5.2.
join unions, associations and other associations created on a voluntary basis and contribute to the fulfillment of statutory tasks;
2.5.3.
organize a public collection of charitable donations and contributions from individuals and legal entities, foreign states and international organizations;
2.5.4.
constantly determine the forms, objects, subjects and volumes of charitable assistance;
2.5.5.
open accounts (in national and foreign currencies) in bank institutions;
2.5.6.
to establish public reception centers to provide legal assistance to persons who need it;
2.5.7.
to establish mass media, enterprises and organizations in accordance with the procedure established by law;
2.5.8.
to have its own symbol, which is subject to state registration in accordance with the procedure determined by the current legislation of Ukraine;
2.5.9.
popularize your name (name), symbols;
2.5.10.
to make proposals and initiate petitions before state authorities and local self-government bodies, as well as other persons regarding the fulfillment of the Foundation’s goals and statutory tasks;
2.5.11.
participation in the development and public discussion of regulatory and other legal acts related to the purpose and statutory tasks of the Fund;
2.5.12.
to represent the interests and protect the rights of the participants of the Fund under the relevant mandate of such participants;
2.5.13.
establish and develop humanitarian and professional ties, exchange information, volunteers and specialists with relevant organizations;
2.5.14.
independently approve and implement charitable programs, including on the basis of donations and agreements on charitable assistance;
2.5.15.
spread and
information about the activities of the Foundation, promote your ideas, goals and objectives;
2.5.16.
conclude contracts and other transactions for the purpose of fulfilling the Foundation’s statutory tasks with state administration and local self-government bodies, other legal entities, citizens and associations of citizens;
2.5.17.
to facilitate and participate in conferences, seminars and other educational, scientific and educational events on issues related to revenge
6
Fund;
2.5.18.
to be a recipient and acquirer of humanitarian aid;
2.5.19.
to organize and carry out charity events in accordance with the procedure established by law;
2.5.20.
to establish honorary awards and rewards for persons who have merit in the implementation of the statutory tasks of the Foundation;
2.5.21.
create and maintain electronic information resources on the Internet. which shed light on the activities of the Foundation;
2.5.22.
have other rights according to the legislation of Ukraine.
2.6.
The fund is obliged to:
–
to ensure the fulfillment of statutory tasks, free access to their reports, documents on economic and financial activities for the participants of the Fund;
–
to carry out its activities in accordance with the norms of the current legislation of Ukraine.
2.7.
The Foundation carries out its charitable activities in the following main ways:
2.7.1.
free transfer of funds and other property to the ownership of beneficiaries, as well as free assignment of property rights to beneficiaries;
2.7.2.
free transfer to the beneficiaries of the right of use and other real rights to property and property rights;
2.7.3.
free transfer of income from property and property rights to beneficiaries;
2.7.4.
free provision of services and performance of works for the benefit of beneficiaries;
2.7.5.
joint charitable activities and execution of other contracts (agreements) on charitable activities;
2.7.6.
public collection of charitable donations;
2.7.7.
management of charitable endowments;
2.7.8.
execution of wills, testamentary refusals and inheritance contracts for charitable activities;
2.7.9.
conducting charity auctions, non-monetary lotteries, contests and other charitable events not prohibited by law.
2.8.
Charitable activities by the Foundation in the form of provision of specific services (performance of works) subject to mandatory certification or licensing are allowed after such certification or licensing in accordance with the procedure established by the legislation of Ukraine.
3. PROCEDURE FOR ACCESS TO AND WITHDRAWAL FROM THE FUND
3.1.
Participants of the Fund are its founders and other natural and legal persons who joined the Fund in accordance with the procedure established by this Statute.
3.2.
Fund participants have equal rights. Fund participants are legal entities acting through their representatives.
3.3.
Participation in the Fund is voluntary.
3.4.
Participants of the Fund can be citizens of Ukraine, foreign citizens, stateless persons who have reached the age of 18, as well as legal entities that support the Fund’s tasks, provide material support to the Fund
7
or other active activities in the prescribed manner contribute to implementation
goals and objectives of the Fund. Bodies of state power and bodies of local self-government, as well as state and communal enterprises, institutions, organizations of Ukraine financed from the budget, cannot be participants of the Fund.
3.5.
Individuals and legal entities become members of the Fund based on the decision of the general meeting of participants on the basis of relevant applications for inclusion in the Fund.
3.6.
Participation in the Fund is terminated:
•
in case of exclusion from the Fund participants;
•
in case of voluntary withdrawal from the Fund participants;
•
in other cases, in accordance with the current legislation of Ukraine.
3.7.
A participant may be excluded from the Fund if:
•
his violation of the Charter or actions that harm the Fund, or that contradict the decisions of the Fund’s management bodies;
•
committing actions that harm the reputation or interests of the Fund.
3.8.
Exclusion of a person from the Fund’s participants is carried out by decision of the General Meeting of participants. The issue of exclusion is decided by an open vote. The decision of the General Meeting of participants is final. The person against whom the decision was made must be notified of the decision.
3.9.
The Director of the Fund and members of the Supervisory Board can be excluded from the Fund participants only by decision of the General Meeting of the Fund participants, if at least 2/3 of the total number of Fund participants present at the General Meeting of the Fund participants voted for him.
3.10.
The basis for termination of participation in the Fund at the initiative of a Fund participant is a corresponding written statement of the Fund participant.
4. RIGHTS AND OBLIGATIONS OF FUND PARTICIPANTS
4.1.
Participants of the Fund, in accordance with the procedure provided by the legislation and the Statute, have the right to:
1)
appoint their representatives;
2)
elect and be elected to the management bodies of the Fund, participate in their work with the right to vote;
3)
submit proposals on all issues of the Fund’s activities to the management bodies for consideration, address them with complaints and statements and receive a reasoned and comprehensive answer;
4)
to receive from the Fund any non-confidential information regarding the Fund’s activities;
5)
freely withdraw from the membership of the Fund participants;
6)
to receive complete information
about the implementation of a charity program or individual charity events, the use of the Fund’s property and funds;
7)
use scientific, methodical, informational and other materials at the disposal of the Foundation;
8)
Fund members enjoy other rights provided for by legislation and internal documents of the Fund.
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4.2.
Fund participants are obliged to:
1)
to comply with the Charter of the Foundation;
2)
to implement the decisions of the Fund’s management bodies, adopted within their competence;
3)
fulfill their obligations to the Fund;
4)
refrain from actions that cause material damage to the Fund or may harm the business reputation or interests of the Fund;
5)
to take an active part in the activities of the Fund, to appear at the General Meeting of the Fund’s participants;
6)
to promote the Foundation’s ideas and provide appropriate assistance in this regard;
7)
protect the interests of the Fund;
8)
notify the Foundation in writing about the change of its representatives;
9)
carry out other duties stipulated by legislation, the Charter and internal documents of the Foundation.
5. FUND MANAGEMENT BODIES
The Fund’s management bodies are:
•
General Meeting of Fund participants (General Meeting);
•
Director of the Foundation;
•
Supervisory Board of the Fund.
5 1. GENERAL MEETING OF FUND PARTICIPANTS is the highest governing body of the Fund.
5.1.1.
The right to participate in the General Meeting of the Fund and to vote for decision-making belongs to all members of the Fund. Each member of the Fund has one vote.
5.1.2.
The exclusive competence of the General Assembly includes the following issues:
1)
determination of the main areas of activity and development of the Fund;
2)
approval of the Foundation Charter;
3)
making changes to the Foundation’s Charter;
4)
election and recall of the Director of the Fund and members of the Supervisory Board of the Fund, as well as election and recall of the Chairman of the Supervisory Board and the Deputy Chairman of the Fund;
5)
approval of the Fund Director’s reports on activity results;
6)
approval of rules, regulations, instructions and other internal documents of the Fund;
7)
approving the Fund’s annual results, approving reports and conclusions of the Fund’s Supervisory Board, determining the procedure for covering losses;
8)
approval of the main directions and procedure for the use of financial funds and property for the implementation of the Foundation’s charitable programs;
9)
making a decision to terminate the Fund’s activities, appointing a liquidation commission, approving the liquidation balance sheet;
10)
approval of the Fund’s activity plans and cost estimates for the year;
11)
inclusion in the membership of participants and exclusion from the membership of members of the Fund
9
in the manner determined by this Statute;
12)
interpretation and clarification of the provisions of the Foundation’s Charter by adopting relevant decisions;
13)
making a decision on founding (co-founding) of enterprises and organizations by the Fund, approving their statutes (regulations), making decisions on reorganization, liquidation of enterprises and organizations founded by the Foundation;
14)
making a decision on the Fund’s entry into associations, unions, other associations, participation (termination of participation) in the implementation of joint projects;
15)
making a decision on the appointment of managers of enterprises and organizations founded by the Fund.
5.1.3.
General Meetings (extraordinary General Meetings) are authorized to resolve any issues related to the activities of the Fund.
5.1.4.
The Chairman of the General Meeting of Fund participants organizes the keeping of minutes. The book of protocols must be provided to the participants of the Fund at any time. At their request, certified extracts from the protocol book must be issued
5.1.5.
The general meeting of the Fund’s participants may decide to transfer part of their powers to the competence of the Fund’s Director.
5.1.6.
Regular General Meetings are convened by the Director of the Fund once a year and are considered authorized if more than 50% of the total number of Fund participants are present at them.
5.1.7.
Decisions at the General Meeting are taken by a simple majority of the votes present at them, except for the cases provided for by this Statute and current legislation, in particular, the decision to amend the Statute and terminate the Fund’s activities is taken by a qualified majority of 2/3 of the votes present at the General Meeting.
5.1.8.
Extraordinary General Meetings are convened at the request of the Director of the Fund or 2/3 of the participants of the Fund, the Supervisory Board of the Fund). Extraordinary General Meetings can also be convened by at least two members of the Fund.
5.2.
The Director of the Fund is a permanent one-man executive body of the Fund.
2.1 The Director of the Fund, the Deputy Director of the Fund are elected by the General Meeting of the Fund’s participants.
2.2 The Director of the Fund cannot be a member of the Supervisory Board. If the Director of the Fund is removed from the membership of the Fund’s participants or due to health or for other reasons loses the ability to perform his duties, the Director of the Fund, his deputy or at least 2/3 of the members of the Fund shall convene a General Meeting at which the issue of electing a new Director of the Fund.
2.3 Director of the Fund;
•
carries out current management of the Fund’s activities;
•
convenes the General Meeting of the Fund, approves the draft agenda of the General Meeting and notifies the participants of the Fund no later than two weeks before the start of the next General Meeting and no later than 10 days before the start
extraordinary General Assembly;
•
represents the interests of the Foundation in relations with other charities
10
by organizations, enterprises, institutions, organizations regardless of the forms
ownership and management, by state bodies and local self-government bodies, citizens, foreign citizens and stateless persons;
•
opens current accounts in banks, including currency accounts, has the right to sign the Fund’s financial documents;
•
acts on behalf of the Fund without a power of attorney, concludes contracts, agreements, executes transactions, issues powers of attorney, signs other official documents of the Fund;
•
according to the decision of the General Meeting disposes of the funds and property of the Fund within the main directions of their use and in the manner approved by the General Meeting of the Fund;
•
ensures the implementation of the current and future plans of the Fund;
•
hires and dismisses full-time employees of the Fund, records, issues and cancels the Fund’s official certificates;
•
hires and dismisses freelancers of the Fund, keeps records, issues and cancels job certificates of freelancers of the Fund;
•
bears personal responsibility for financial, statistical and accounting records in the Fund, timely submission of reports to state authorities and local self-government bodies;
•
organizes the work of the Fund’s employees and distributes responsibilities among them;
•
instructs employees of the Fund to perform specific tasks;
•
organizes the implementation of the decisions of the General Meeting of the Fund;
•
supervises the implementation of decisions of the General Meeting of Fund participants;
•
develops current plans of the Fund’s activities and measures necessary for the fulfillment of its tasks;
•
excavates other functions assigned to him by the Charter, the General Meeting of Fund participants and internal documents of the Fund
•
issues orders, directives, instructions and instructions within the limits of his competence or the powers delegated to him;
•
carries out all necessary measures to implement charitable programs and report on their implementation;
•
approves the staff schedule;
•
approves sketches of seals and stamps of the Foundation;
•
approves sketches of the Foundation’s symbols;
•
approves samples of the Foundation’s forms, participants’ tickets, and the Foundation’s official certificates;
•
executes decisions on financing charity programs approved by the General Meeting of the Foundation;
•
submits proposals for changes to the Foundation’s Charter to the Fund’s General Meeting;
•
personally reports to the General Meeting and the Supervisory Board of the Fund
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about the work of the Fund for the reporting period;
•
considers any issues related to the activities of the Foundation, except for those referred to by the Charter under the exclusive competence of the General Assembly.
5.2.4
The powers of the Director of the Fund are prematurely terminated in the event of:
•
his submission of an application for dismissal;
•
exclusion of the Director of the Fund from the participants of the Fund;
•
loss of legal capacity of the Director of the Fund in accordance with the procedure established by the current legislation of Ukraine;
•
announcement of the Director of the Fund as missing in the manner established by the current legislation of Ukraine;
•
death of the Director of the Fund.
In case of premature termination of the powers of the Director of the Fund, an extraordinary General Meeting is convened to elect a new Director of the Fund. Before the election of a new Director of the Fund, his duties are the Deputy Director of the Fund, if there is one, or a participant of the Fund according to the relevant decision of the General Meeting of the participants of the Fund.
5.2.5
The Director of the Fund is the highest official of the Fund – its head.
5.2.6
To ensure the timely and proper performance of the functions of the Fund’s executive body, the General Meeting of the Fund’s participants may appoint a Deputy Director of the Fund.
5.2.7
The Deputy Director of the Fund acts without a power of attorney on behalf of the Fund, represents the interests of the Fund before state authorities, local self-government bodies, individuals and legal entities, has the right to sign bank and other documents.
5.2.8
The Director of the Fund may delegate part or all of his powers to his deputy.
5.2.9
The competence of the Deputy Director of the Fund includes:
and)
execution of instructions of the Director of the Fund;
b)
execution of the powers delegated to him by the Director of the Fund.
5.2.10
In the absence of the Director of the Fund (business trip, vacation, illness, etc.), all his powers are exercised by his Deputy.
5.2.11
Before the actual implementation of the Fund’s activities, the Foundation’s Director is elected from among the founders by the founding meeting, who performs duties on a public basis. An employment contract or other agreements are not concluded between him and the Fund. Wages are not accrued or paid before the actual implementation of the Fund’s activities.
5.3 SUPERVISORY BOARD OF THE FUND
5.3.1.
Administrative and controlling functions in the Fund are performed by the Supervisory Board of the Fund.
5.3.2.
The quantitative and personal composition of the Supervisory Board of the Fund is determined by the General Meeting of the Fund.
5.3.3.
The Supervisory Board of the Fund is elected by the General Meeting of the Fund for a period of 5 years.
5.3.4.
The Chairman and members of the Supervisory Board are elected by the General Meeting
12
Fund for a period of 5 years.
5.3.5.
The Foundation’s Supervisory Board approves the Foundation’s charitable programs and monitors compliance with activities and uses
assets of the Fund to this Charter.
5.3.6.
The Fund’s Supervisory Board may submit its conclusions regarding compliance by the Fund’s officials with the requirements of the Fund’s Charter for consideration by the Fund’s General Meeting.
5.3.7.
Members of the Supervisory Board may be re-elected. If a member of the Supervisory Board drops out due to health or other reasons, he loses the ability to perform his duties. The Supervisory Board is authorized as part of the actual active members until the approval of a new member of the Supervisory Board by the next General Meeting of the Fund.
5.3.8.
Members of the Supervisory Board perform their functions on a public basis free of charge. The Fund may make compensation payments to the members of the Supervisory Board, directly related to participation in its work, at the expense of the Fund by the decision of the Director of the Fund
5.3.9.
The Fund Director or his deputy cannot be members of the Supervisory Board.
5.3.10.
The Supervisory Board is accountable to the General Assembly of the Fund.
5.3.11.
Members of the Supervisory Board do not have the right to receive material benefits and additional funds in connection with their position in the Fund, except for those provided for by law.
5.3.12.
At the request of the Supervisory Board, it must be provided with all materials, accounting or other documents and personal explanations of officials and employees of the Fund.
5.3.13.
The Supervisory Board is convened by its Chairman if necessary, as well as within 10 days at the request of the Director of the Fund.
5.3.14.
If the total number of participants of the Fund does not exceed ten. The Supervisory Board may not be established, its powers are exercised by the General Meeting of participants.
5.3.15.
The competence of the Supervisory Board includes:
1)
approval of charitable programs;
2)
control over the financial and economic activities of the Fund;
3)
control over compliance with the Charter, decisions of the General Meeting of the Fund by other management bodies of the Fund, officials of the Fund;
4)
review and submission of proposals regarding the Fund’s financial activities and audits;
5)
resolution of disputes between participants and management bodies of the Fund regarding statutory activities;
6)
consideration of applications and proposals of Fund participants sent to the Supervisory Board;
7)
verification of the correctness of accounting and reporting by the Fund.
6. PROPERTY OF THE FUND. ECONOMIC AND FINANCIAL ACTIVITIES OF THE FUND
6.1.
The Fund may own movable and immovable property,
13
intangible assets, funds, securities, land plots, purchased on
legal grounds.
6.2.
The use of assets (income) and transactions of the Fund must not contradict the legislation and the statutory goals of the Fund.
6.3.
The Fund acquires ownership rights to funds and property that are received free of charge or in the form of irrevocable financial assistance or voluntary donations, passive income, funds and property that come to the Fund from conducting its main activities, grants or subsidies received from state or local budgets, state trust funds or within the scope of technical or charitable, including humanitarian, assistance, transferred to him by individuals and legal entities or the state for ownership, in accordance with the procedure established by law, as well as property acquired at the expense of these funds or acquired on other grounds, not prohibited legislation
6.4.
The Fund carries out economic activities aimed at fulfilling its statutory goals and objectives.
6.5.
The Foundation can act as a founder (participant) of companies, enterprises and organizations with the status of a legal entity, in accordance with the procedure established by the legislation of Ukraine.
6.6.
The Fund enjoys independence in matters of making business decisions, determining the conditions of payment of the Fund’s employees, using its own financial and material resources in accordance with the requirements of the law and the Charter.
6.7.
The financial activity of the Fund is carried out in accordance with the requirements of the legislation of Ukraine.
6.8.
Financial activities aimed at charity are not considered entrepreneurial or other profitable activities.
6.9.
The Fund’s income is used exclusively to finance expenses for the maintenance of the Fund, the realization of its purpose (goals, tasks) and areas of activity defined by the Charter.
6.10.
The size of the Fund’s administrative expenses cannot exceed 20 percent of the Fund’s income in the current year.
6.11.
Unused funds of the Fund during the financial year, regardless of the source of income, are not subject to withdrawal and remain on the Fund’s accounts in the following financial year.
6.12.
Incomes (profits), property or their parts are forbidden to be distributed among the founders (participants), members of the Fund, employees (except for payment of their labor, calculation of a single social contribution), members of management bodies and other persons related to them.
7. ACCOUNTING AND REPORTING OF THE FUND
7.1.
The Fund records the results of its activities, maintains operational accounting, statistical reporting and is responsible for the reliability of accounting and reporting data in accordance with the current legislation of Ukraine.
7.2.
Reporting is provided according to the form, terms and authorities, institutions, organizations in accordance with the legislation of Ukraine.
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7.3.
The fund accounts in separate bank accounts for economic and charitable activities as in the national
national as well as in foreign currencies.
8. TERMINATION OF FUND ACTIVITIES
8.1.
Termination of the Fund’s activities occurs through its reorganization (merger, merger, division, transformation) or liquidation.
8.2.
The Fund is terminated by the decision of the General Meeting of Fund participants, the court and in other cases provided for by the legislation of Ukraine.
8.3.
The decision of the General Meeting of Fund participants to terminate is considered adopted if at least 65 percent of those present at the General Meeting of Fund participants voted for it).
8.4.
The body that made the decision to terminate the Fund notifies the body that carries out state registration of this in writing in the manner and in compliance with the procedure provided for by the legislation of Ukraine.
8.5.
The body that made the decision on termination appoints the commission for termination of the Fund – the liquidation commission or the liquidator and establishes the order and terms of termination of the Fund. The Fund’s management body may be entrusted with the performance of the functions of the Fund termination commission.
8.6.
From the moment of appointment of the liquidation commission (liquidator), all powers to manage the Fund are transferred to her (him).
8.7.
Upon reorganization of the Fund, its rights and obligations are transferred to the legal successors, which is decided when the decision on reorganization is adopted.
8.8.
The fund cannot be reorganized into a legal entity, the purpose of which is to make a profit and carry out entrepreneurial activities.
8.9.
In the case of liquidation, the liquidation commission (liquidator) assesses the available assets of the Fund, compiles the liquidation balance and presents it for approval to the general meeting of the Fund’s participants, as well as fulfills other requirements of the current legislation of Ukraine.
8.10.
The termination procedure is determined by the current legislation of Ukraine.
8.11.
In case of termination of the Fund (as a result of liquidation, merger, division, merger or transformation), its assets must be transferred to one or more non-profit organizations of the appropriate type or included in the budget income, unless otherwise provided by law.
9. AMENDMENTS TO THE STATUTES
9.1.
Changes to this Charter are approved by 2/3 of the votes of the Fund participants present at the General Meeting of the Fund participants.
9.2.
The question of making changes to the Foundation’s Charter is included in the agenda of the General Meeting of the Fund’s participants at the request of the Director of the Fund, the Supervisory Board, or at the request of at least 1/3 of the Fund’s participants.
9.3.
The Foundation informs the state body about the changes made in the Statute
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of registration (of the state registrar) within the term established by law from the day of their registration
approval and submits relevant documents for registration of relevant changes.
9.4.
Amendments to the Foundation’s Charter are set out in a new edition, which is signed by the chairman and secretary of the general meeting of the Fund’s participants.