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Nadační fond Solovjevský
Nadačný fond Solovjevský
Благотворительный фонд Соловьeвский
The Soloviev´s Charitable Foundation

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The Solovjev´s Charitable Foundation

STATUTE

Part I.

Introductory provision

Art. 1

1. The Soloviev´s Charitable Foundation (hereinafter referred to as the „Fund“) is an independent legal entity incorporated under the provisions of § 394 et seq. Law No. 89/2012 Coll., the Civil Code of the Czech Republic (hereinafter referred to as the "Civil Code").

2. The Fund was established on 16th of January 2017 under the charter pursuant to the provisions of § 395 of the Civil Code et seq. legislation and it is based on the Statute presented by founder Ing.Valerij Kulacký, permanent residence: Chomutov, Dobrovského 4914, postal code 430 03, Czech Republic.

3. Fund commences on the date of registration in the Foundation Register maintained by the County Court in Ústi nad Labem, Czech Republic.

4. The Fund is a non-profit organization without membership in the legal form of a "Fund", founded by individuals on the basis of voluntary contributions and it serves for the purpose of the rebirth of the Orthodox spiritual and moral values and traditions, and for the purpose of reconstruction and construction of objects of spiritual and cultural heritage, promotion and supporting the development of pilgrimage, missionary and other charitable activities, especially between young people.

5. Profit is not the main objective of the Fund. The profit achieved by the Fund cannot be divided among fund managers. Profits are redistributed to the attainment of the Fund´s objectives pursuant to the presented Statute.

6. The Fund has its own stamp, an independent financial statement and accounts in banks and other financial institutions, both in the Czech Republic and abroad. The Fund is authorized to acquire assets, rights and obligations in its own name, so it is entitled to independently act as a participant of litigation and other possible proceedings conducted by the competent national authority.

7. The Fund may participate in the activities of other legal entities, both in the Czech Republic and abroad in accordance with the legislation of the Czech Republic.

Art. 2

The name and registered office of the Fund

1. Name of the Fund:

  • a) full text name "The Charitable Fund of protoiereus Vasily Soloviev"
  • b) shortened name "The Soloviev´s Charitable Foundation".

2. The seat of the Fund is: Chomutov, Dobrovského 4914, postal code 430 03, Czech Republic.

3. An identification number of the Fund: 057 41696.

Art. 3

Purpose of establishment

1. The mission and purpose of the Fund is:

a) the financial and material support of the Orthodox Church in the Czech Republic and the Slovak Republic (hereinafter "the OCCRSR") when carrying out repairs, reconstructions and constructions of objects and spiritual cultural heritage, temples, monasteries, monuments and places of remembrance, as well as museums, pilgrim centers and other objects of religious-spiritual, social and humanitarian direction,

b) the support of Orthodox Parish L'utina (hereinafter "OP L'utina"), Eparchy of Prešov, the OCCRSR, during the construction project of pilgrim center and a museum dedicated to its founder and first spiritual administrator protoiereus Vasily Soloviev.

c) financial and material support, particularly from the collection of OP Lutina´s believers when carrying out the total reconstruction and realization of landscaping the area around the Temple of the Dormition of the Most Holy Mother in the village L'utina, further help with placing boards dedicated to the memory of its founder, the spiritual father Vasily Soloviev, as well as help with the reconstruction of his tomb at a cemetery in Prešov,

d) organization and assisting in the development of pilgrim tourism, especially among youth, exchange of delegations comprising representatives from the historical homeland of protoiereus Vasily Soloviev from village Ilemno, Solecki District, Novgorod region, Russian Federation, building and strengthening relationships through "cultural and spiritual bridge" Ilemno L'utina,

e) organization and assistance with the preparation and realization of business meetings, seminars and thematic scientific conferences (including the international ones), with the participation of foreign guests,

f) organization, realization and support of sacred and folk music festivals, thematic exhibitions, fairs, auctions and various meetings, consultations under the profile of the Fund using modern media, Internet and radio telecommunications,

g) search for potential partners and sponsors among entrepreneurs from Czech,

Slovak, Russian, Ukrainian, Greek and other foreign business companies and organizations, active cooperation in different directions of the Fund activities, help

to develop and establish direct spiritual and cultural relationships,

h) production and distribution of items for religious purposes, publication of spiritual, historical and cultural literature, thematic brochures, leaflets, video, audio production, documentary movies and other themed advertising production,

i) cooperation with various religious organizations of Orthodox Church abroad, with charitable funds and organizations, as well as with volunteers and missionaries of Orthodox faith,

j) active cooperation with the media (newspapers, TV, radio) in order to present projects, plans and the results of the Fund activities.

Part II.

Sources of assets and their use

Art. 4

1. The cash contribution from the founder in amount of 3000, - CZK (in words: three thousand Czech crowns) is the principal financial source of the Fund.

2. The sources of Fund´s assets also include donations, grants, subsidies granted by the State or by international organizations to individuals or legal entities, both in the Czech Republic and abroad (donations of the Fund).

3. Incomes from use of own assets are also the source of the Fund.

4. Other sources of the Fund include incomes from the fund business and other gainful acitivities in accordance with the charter and the Statute.

5. Additional financial resources of the Fund are dividends (incomes, interests) paid to fund by joint-stock companies, as well as income from bonds and other securities, capital shares and deposits.

6. The assets of the Fund are used only for the purposes specified in the Statute.

7. Other sources that are not prohibited by the legislation of the Czech Republic.

Art. 5

Terms and methods of providing foundation grants

1. The Fund may provide a foundation grants only in accordance with the purpose of the Fund under Art. 3 and subject to the conditions laid down in Art. 5.

2. The foundation grant may be provided on request to the legal entity or individual, who is developing activity supported by the Fund in accordance with the charter and this Statute, as well as to the legal entities or individuals within their own humanitarian activities or the project of the Fund.

3. The foundation grant may also be provided in another form, if it´s more appropriate to the purpose for which it should be used.

4. Foundation grants can be one-off or recurring.

5. There is no legal entitlement to provide the foundation grant.

Art. 6

Allocation of foundation grants

1. The applicant for the foundation grant makes a request in writing to the Management Board of the Fund. In the application, the applicant shall notify the designation and a closer description of the project for which support is sought, estimated costs and their characteristics, the required form of aid and its amount. The Management Board of the Fund may ask the applicant to complete the application and other data relevant to its assessment and set him a reasonable time period.

2. If the applicant fails to complete the application under the preceding paragraph within the set deadline, the application shall be considered as not filed.

3. The Management Board of the Fund decides about the allocation of the foundation grant within three months of receipt of the application or supplement.

4. Decision of The Management Board of the Fund contains:

a) the indication of the project to be supported by the Fund,

b) identification of the applicant (business name, or the name, address, identification number, tax identification number in case of a legal person, name and surname, address, social security number, identification number, tax identification number in case of an individual) ,

c) forms of support,

d) the amount of funds provided,

e) maturity when it comes to granting loans.

5. The applicant who has received a foundation grant in accordance with the purpose for which it was created, is obliged to use it in accordance with the conditions set by the Fund otherwise he is required to return the foundation grant or return monetary compensation within the deadline set by the Fund.

6. A person who has received a foundation grant is obliged to demonstrate how and for what purpose it was used on request of the Fund.

7. The Fund may provide Reward to the people for work done for the Fund performed under the contract for work or to order of the Fund.

Art. 7

Costs associated with the Fund administration

1. Total annual costs associated with the Fund administration must not exceed 35% of the value of the Fund´s assets according to its state as of 31 December of the same year.

2. Costs associated with the Fund administration must be charged separately from the foundation grants.

3. Costs associated with the Fund administration include in particular the costs of maintaining and assessment of the Fund's assets, the costs of promoting the Fund´s purpose, costs associated with events organized by the Fund or its organization.

Art. 8

Economy of the Fund

1. The Fund may engage in business, if the business is merely a secondary activity, and business yields only serves to promote its purpose, fund may not engage in business only if it´s excluded by the founder in the charter. Under the same conditions, the Fund may take over management of company.

2. The Fund may not be the unlimited liable partner of the company.

3. The public benefit activities of the Foundation include the rental of real estate, organizing lotteries, raffles, public collections, fairs, auctions, art exhibitions, festivals, conferences, social, charity, cultural, sports and educational events. If for such activities needed to obtain special authorization, the Fund is authorized to carry out such activities to obtain the appropriate authorization.

4. Property of the Fund may not be subject to pledge or other ensuring commitment.

5. The Fund shall not engage in the business of others, with the exceptions stipulated by law.

6. When the sale of the Fund's assets or lease of real estate, which are part of the Fund's assets, the buyer or lessee must not be a Management Board member, controller or their relatives or legal person, if a member of the statutory body is a member of the Management Board or controller.

Art. 9

Accountancy

1. The Fund is obliged to keep reliable records of their financial status, respectively fulfill the obligations laid down in the Accounting Act and other regulations under public law.

2. The Board of the Fund shall elect from its members the one who is responsible for the technical aspects of the Fund accounting.

4. A member of the Management Board is responsible for the technical aspects of keeping its accounts to the Management Board at each meeting a report on the status of the fund's management.

Art. 10

Annual Report

1. 1. The annual financial statements of the Fund must be audited for the calendar year in which the sum of the total profit or loss reported by the Fund exceeds 3,000,000, - CZK or if the Fund assets is greater than 3,000,000, - CZK.

2. The Fund shall prepare an annual report by 30th June of the following calendar year. The evaluation period is past calendar year.

3. The annual report contains an overview of all activities of the Fund during the period under review and assessment of these activities, namely:

a) an overview of the assets and liabilities of the Fund,

b) for individual foundation gifts provided for the Fund with a value of over 10 000, - CZK overview of persons who provided it, if the donor requests anonymity, his anonymity must be preserved,

c) an overview of the use of Fund assets,

d) an overview of the persons who were given foundation grants for the purpose for which it was set up, with a value greater than 10 000, - CZK, and evaluating whether and how the foundation grants were used,

e) evaluate whether the Fund during its management complies with the rules established to limit costs associated with its management,

f) evaluation of basic data contained in the annual financial statements with the statements of Controller, accompanied by serious information from its reports.

4. If, after the publication of annual reports come to light facts which justify its correction, the fund is obliged to repair without undue delay to carry out and publish.

5. Within 30 days of approval by the Management Board, Fund saves an annual report or its repair at the county registry court.

6. Everyone has the right to inspect the annual reports and make their transcripts and extracs. The Management Board may decide to publish the annual report of the Fund other way.

Part III.

Bodies of the Fund

Art. 11

1. The statutory body of the Fund is the Management Board.

2. The control body of the Fund is Controller.

Art. 12

The Management Board

1. The Management Board is the statutory body of the Fund, manages the assets of the Fund, manages the activities of the Fund and decides upon all matters of the Fund.

2. In the exclusive competence of the Management Board include:

a) make the Statute and decide about its amendments,

b) approve the budget of the Fund and its changes,

c) approve the annual financial statements and annual report of the activities and management of the Fund (the "Annual Report"),

d) decide about the merger of the Fund,

e) elect new members of the Management Board and the controller of the Fund, decide about removing of the Management Board member or Controller, in case they cease to fulfill the conditions of membership or function, elect and remove the Chairman of The Management Board from its members,

f) determine the amount of any remuneration for the performance of Management Board members and the Controller of the Fund,

g) decide about the increase or decrease of the Fund's assets under the conditions provided by law,

h) decide about provision of foundation grants,

i) decide about cooperation and financing common projects or participation in the projects with other foundations and charitable funds with a similar focus,

j) decide about the establishment of the post of Director of the Fund, the extent of his powers and his rewards.

3. The Management Board of the Fund has three members (Chairman, Vice Chairman, Board member).

4. Member of the Management Board may be only individual who is eligible for legal proceedings and an impeccable person. An impeccability for these purposes does not consider that the person has been convicted for an intentional crime. Impeccability shall be evidenced by a statement of criminal records or relevant document of the state of residence of any person concerned.

5. The term of the Management Board members is five years. The term of office shall be determined for all members in the same length. There will be no annual renewal of one third of the members.

6. Members of the Management Board are always elected on the proposal of the founder. The founder shall submit a proposal of the Board composition. Member of the Management Board may be in his office re-elected.

7. The Management Board of the Fund has the right to offer individuals an honorary membership in the Management Board. There are not any special rights and obligations of a board member connected with the honorary membership, honorary member only has the right to attend meetings of the Management Board without voting rights. The Fund maintains a list of honorary members. Honorary members are not recorded in the Foundation Register.

8. The Management Board of the Fund elects Chairman from its members. Chairman of the Board convenes and chairs meetings of the Management Board at least twice a year. The Chairman shall convene the Management Board of the Fund always, when requested by at least two members of the Management Board or Controller.

9. The Management Board of the Fund has a quorum if at least two members are present.

10. The decision of the Management Board to merge with another charitable fund is subject to the approval of all board members. Article 6 remains unaffected. Other matters are decided by an absolute majority of all votes. The voting rights of all members is equal. In case of equality of votes, the voice of the Chairman decides.

11. In extraordinary cases where the situation so requires, eg. in case of sudden expenses, which shall be necessarily decided due to expedited payment, board members may vote in the form of preliminary voting by e-mail, confirmed at next board meeting in person.

12. The content of the Management Board shall be recorded in writing, verified by signature of the Chairman or presiding Vice-Chairman of the Fund. Minutes shall be taken in three copies, one for each member of the board.

13. Membership in the Management Board is an honorary position, performed free of charge.

14. Member of the Management Board is entitled to the reimbursement of expenses incurred in connection with the performance of his duties.

15. The Chairman is acting for Fund separately. The Chairman connects his signature or round stamp to the written or printed name of the Fund.

16. Membership in the Management Board of the Fund expires by:

a) the expiration of the term,

b) resignation,

c) removing, in case the Management Board member will cease to fulfill the conditions of membership or if he violates seriously or repeatedly Act of Charitable Funds, Treaty establishing of the Fund or Statute of the Fund. Management Board decides to remove a member set out in the preceding paragraph within one month from the date when it learned, at the latest six months when the reason occurred. If within the prescribed period the Management Board will not decide about removing, the board member will be removed by court on a proposal from a member of the Management Board, the Controller, the founder or the person who can prove a legal interest.

d) death.

Art. 13

The Controller

1. The Fund has one Controller.

2. Performing of the Controller´s duties is governed by the same requirements that are set out in Article 12 paragraph. 5 of this Statute for membership in the Management Board, the Controller´s function is incompatible with membership in the Management Board of the Fund.

3. Controller is elected by the Management Board of the Fund. The term of office is six years.

4. Controller in the performance of his function is independent of the Management Board of the Fund.

5. The Controller particularly:

a) supervises the fulfillment of the conditions set for providing of foundation grants and the accuracy of the records kept by the Fund,

b) reviews the annual financial statements and annual report of the Fund,

c) sees to it that the Fund operates in accordance with the law and charter,

d) notify the Management Board of the Fund identified shortcomings and gives suggestions for their removal,

e) expresses advance the proposal to:

- amendments to the charter

- change of the Fund´s residence

- change in the legal form of the Fund at the foundation,

- merging with another charitable fund (or foundation) of the same or similar purpose

-extension of the Fund´s purposes,

f) at least once a year reports to the Management Board of the Fund on the results of their

control activities.

6. Controller in connection with the performance of his control activity is authorized:

a) to inspect the books and other documents relating to the activities of the Fund,

b) to convene an extraordinary meeting of the Management Board of the Fund, if it is in the interests of the Fund, if this is not done by the Chairman of the Board.

7. The Controller has the right to attend board meetings of the Fund and may get a word, if requested.

8. The controller shall keep control activity logs that are stored in the archives

of the Fund. One copy of the protocol shall always be given to Chairman of the Board.

Art. 14

Cancellation and termination of the Fund

1. The Fund shall terminate on the date of its erasure from the Foundation Register.

2. Termination of the Fund is preceded by its dissolution with or without liquidation. The reasons, conditions and cancellation of the Fund is established by law.

3. If all assets of the Fund, shall not pass to the legal successor, the Fund will be liquidated. A liquidator is appointed by the Management Board of the Fund. Liquidation of the Fund will be carried out under par. § 187 et seq. of the Civil Code concerning liquidation of the legal entity subject to the disposition of liquidation balance, as is consistent with the will of the founder regulated in the charter.

Part IV.

Art. 15

Final Provisions

1. The Fund is established for an indefinite period.

2. Unless otherwise stated, legal relations are governed by the applicable laws and regulations.

3. This statute was issued by founder simultaneously with the charter.

4. This statute may be amended by written amendments.

5. This statute is drawn up in two copies, one for the registration proceedings,

one is based in the documentation of the Fund.


In Chomutov on the 16th od January 2017

Approved by of the Management Board Fund