CHARTER
of the Fund for Cultural Initiatives
«THE WORLD AS THE MIRROR FOR MOLDOVA»
1. GENERAL PROVISIONS
1.1. The Fund for Cultural Initiatives «THE WORLD AS THE MIRROR FOR MOLDOVA», hereinafter referred to as Fund, is a non-commercial non-political organisation, founded through a decision of its Founder, invested with its own property, alienated and separated from the Founder’s property, which is used to achieve non-commercial goals of the Fund as stated in this Charter.
1.2. The full name of the Fund: the Fund for Cultural Initiatives «THE WORLD AS THE MIRROR FOR MOLDOVA».
1.3. The Founder of the Fund: Mihail Titov...
1.4. The Fund is set up and operates in conformity with the Constitution of Moldova, the Law on the Funds, the legislation in force and the present Charter.
1.5. The Fund shall acquire the status of a legal entity upon registration of this Charter, enjoy all the rights and carry out all duties provided by the legislation for this group of non-commercial organisations. The Fund has its own seal, emblem, balance of accounts, current accounts in banks, including in foreign currency.
1.6. The Fund shall be operating across Moldova, with no time limitations to its operations.
1.7. The Fund shall carry out strictly such activities that will be beneficial to the society and shall comply with the criteria established in the part (2) of the article 52 of the Tax Code, i.e.:
à) the Fund is set up and registered in compliance with the legislation, and the Charter identifies its concrete activities and its status of a non-commercial organisation, and forbids distribution of income or property between the staff of the organisation, the founders or private persons, including during reorganisation and liquidation of the non-commercial organisation;
b) the Fund shall direct all its income originating from activities stipulated in the Charter to achieve the goals stated in the Charter;
ñ) the Fund shall not use any part of property or income to the benefit of any staff member, a founder or a private person;
d) the Fund shall not support any political party, electoral bloc or a candidate to a public administration office, and shall not use any of its income or property to finance them.
1.8. The offices of the Fund and its permanent management units are located in 38 b, sos. Hincesti, mun. Chisinau.
2. GOALS OF THE FUND AND METHODS TO ACHIEVE THEM
2.1. The main goal of the Fund is to create the necessary prerequisites for actual understanding of Moldova’s cultural legacy, place of the country and its citizens in history and the world.
2.2. To achieve this goal, the Fund shall fix the following priorities, which lie on the cross point of several interrelated fields of social life:
- Scientific — research of cultural legacy based on modern approaches and methods, elaboration of practical recommendations.
- Educational — training of specialists capable to assume a leading role in establishment of integral and indivisible Moldova; in propaganda of cultural, historical and natural legacy of the country as a pledge of decent future for all its population.
- Political – development of ethno-cultural dialogue both home and abroad based on social pact and ideas of state and national reintegration.
- Economic — stimulation of some sectors of economy enabling Moldova to become more attractive for its own citizens (especially the youth) and foreigners, particularly, active involvement in development of tourism and informational business.
2.3. The Fund shall apply the following methods to achieve these goals:
• Preparation and publication of scientific works connected with the study of Moldova’s cultural legacy in the context of development of the world culture;
• Conducting symposia, conferences, seminars connected with the problems of cultural and ethnic interaction and use of cultural legacy;
• Organisation and financing of archaeological and ethnological studies home and abroad, exchange of expeditions and scientific results;
• Preparation of a course of lectures on the country’s past;
• Creation of TV programs and films under the heading «World as Mirror for Moldova», and their broadcast on TV channels;
• Development of ties in culture, education, environment protection and science between the Republic of Moldova and other countries based on free exchange of expeditions and scientific results;
• Cooperation with state agencies, public nongovernmental organisations home and abroad in the mentioned fields;
• Establishment of the Fund’s own periodicals and other mass media (printed media, television, Internet)
• Participation in national and international programs to receive social orders and state subsidies, as well as to receive grants and scholarships from foreign countries, from national and international funds;
• Support to initiatives of non-commercial, state, public and private organisations and institutions, educational institutions of the Republic of Moldova, including through holding grant competitions;
• Creation of models of steady and effective land and natural resources use, accounting for economic, social and cultural needs of the population;
• Investing free finances into commercial activities to raise its funds and creation of economic and commercial enterprises with the legal status to pursue the goals and objectives set in the Charter.
2.4. Users of the Fund are private individuals and legal entities – non-commercial organisations, state and public cultural and educational institutions, public organisations and funds, which are beneficiaries of the Fund’s programs. The Fund may make certain payments and render services or transfer a part of its property in favour of these entities, in compliance with the legislation and the Fund’s Charter.
3. RIGHTS AND DUTIES OF THE FUND
3.1. To achieve the above goals, the Fund shall be entitled to:
• set up bilateral and multilateral agreements with individuals and legal entities on scientific, technical, economic, financial cooperation and on works and services rendered in order to achieve its goals and objectives;
• receive information from public authorities, necessary to implementation of its chartered activities;
• employ specialists, experts and other personnel and pay them in compliance with the legislation in force;
• disseminate free information on its activities;
• represent its interests in state agencies and other organisations;
• set up its own mass media and employ state mass media in the due order;
• carry out publishing activities;
• place and keep material resources both home and abroad, as it will be necessary for achievement of the above goals;
• participate in the national and international contests to receive subsidies from the state, as well as grants from foreign and international funds and legal entities;
• receive for exploitation purposes and purchase land plots, assets, mobile assets and real estate, necessary to ensure activities and regular operation of the Fund and implementation of the Fund’s programs;
• invest free financial means into commercial activities to increase its own financial resources and set up commercial and economic enterprises – legal entities, in order to achieve the above goals.
3.2. The Fund shall be obliged to:
• observe the provisions of this Charter and legislation in force;
• change the constituting documents should there be a corresponding change in the legislation;
• yearly present a report to the relevant authorities, indicating thereof the sources of funding, the general amount of the used resources, including administrative costs.
4. ORGANISATIONAL STRUCTURE OF THE FUND
4.1 The management shall be appointed and dismissed by the Founder. The managing unit of the Fund shall be the Council of the Fund.
4.2 The Council of the Fund is its supreme managing unit, which shall:
• develop a strategy of development and identify the main activities of the Fund;
• approve the Action Plan and the Budget of the Fund, the annual financial report and report on the Fund’s activities;
• approve internal regulations of the Fund;
• approve the personnel chart and organisational structure of the Fund;
• approve the seal, stamp, symbols and letter heads of the Fund;
• manage the Fund’s property and activities aimed to enhance the assets;
• make decisions on all matters concerning the Fund’s activities;
• ensure that the Fund observe ethic norms accepted in the non-governmental sector.
4.3 The Council of the Fund shall include 3-5 members with the right of decisive vote, appointed by the Founder to a 5-year term, including the one whom the Founder shall appoint the Director of the Fund. Upon termination of the term, new members shall be appointed by the Founder. In case of the Founder’s death any changes in membership of the Council of the Fund shall be done on rotation principle every 18 months following alphabetic order (Latin alphabet), starting with the member of the Council of the Fund whose surname starts with the first letter in alphabet. Should the Chairman of the Fund’s Council be thus dismissed due to rotation, the new Chairman of the Fund’s Council shall be elected by the Fund’s Council from among its members.
4.4 The Fund’s Council shall gather in meetings upon necessity, but not rarer than once in three months, and shall make decisions by a simple majority of votes. The decisions of the Fund’s Council shall be competent if all members of the Council are present. The meetings of the Council are called by the Chairman of the Fund’s Council. On demand of a member of the Council, the Chairman of the Fund’s Council shall be obliged to call an extraordinary meeting of the Fund’s Council within 10 days.
4.5 The meetings of the Fund’s Council shall be fixed in minutes of the meeting to be signed by the Chairman of the Fund’s Council and countersigned by the secretary of the meeting (the Executive Director of the Fund).
4.6 Before termination of the term, membership in the Fund’s Council may be terminated in the following cases:
• death;
• voluntary resignation;
• dismissal by the unilateral decision of the Founder.
4.7 Should there arise any of the situations provided in the point 4.6, the Founder shall appoint, possibly within a shorter term, a new member of the Fund’s Council.
4.8 The Founder shall appoint Chairman of the Fund’s Council to a 5-years term.
4.9 Chairman of the Fund’s Council shall ensure an overall coordination of the Fund’s activities and shall represent the Fund in its relations with the state and public organizations home and abroad.
4.10 Chairman of the Fund’s Council shall:
• ensure implementation of decisions made by the Fund's Council;
• preside the meetings of the Fund’s Council;
• set up and sign agreements, contracts and other documents, including financial ones, permitted by the legislation in force, on behalf of the Fund and without an authorization, both home and abroad;
• bear personal responsibility for the Fund’s activities.
4.11 Executive Director of the Fund shall:
• organize current activities of the Fund, manage them and ensure implementation of decisions made by the Fund’s Council;
• open and close current and foreign currency accounts;
• carry out secretary’s duties during the meetings of the Fund’s Council;
• set up and sign agreements, contracts and other documents, including financial ones, permitted by the legislation in force, on behalf of the Fund and without an authorization, both home and abroad;
• appoint and dismiss the staff, establish salary levels in conformity with the individual contributions and available funds, resolve other personnel matters, including assigning business trips home and abroad;
• decides about giving bonuses to employees, compensating losses caused by them, and assigning them disciplinary charges;
• submits to the Fund’s Council reports and the annual balance of the Fund;
• makes decisions on other current issues;
• bears personal responsibility for the Fund’s activities, its movable and immovable assets and working capital.
4.12 The Executive Director of the Fund has the right to make decisions in form of orders and instructions on any matters concerning the Fund’s activities, except the ones in discretion of the Fund’s Council.
4.13 Financial activities of the Fund shall be monitored by the Audit Committee consisting of two members, appointed by the Fund’s Council.
4.14 The Audit Committee shall make sure that the decision-making be legal and correct, audit financial and economic activities of the Fund and observance of the annual budget.
4.15 The Audit Committee shall have the right to demand any required documents and explanations from the Chairman of the Fund, members of the Council, the Executive Director and employees of the Fund. The audit results shall be stated in the report to be presented and approved at a meeting of the Fund’s Council.
4.16 Audit of financial and economic activities of the Fund shall be carried out not rarer than once a year. The Fund’s Council shall have the right to conclude the contract with an auditing organization that will carry out the operations and duties of the Audit Committee.
4.17 When the Fund’s property reaches one million lei, the Founder shall set up, in conformity with the provisions of the Law on Funds, a Council of Trustees. The Council of Trustees shall monitor compliance of the Fund’s activities with the legislation, Charter and Ethical norms, and also it will assess accounting, annual financial report and activities report, shall inform the Council of the Fund on the revealed flaws and shall make suggestions to correct them; no rarer than once a year it shall report its activities to the Council of the Fund and the Founder. The Council of Trustees shall have right to check any document of the Fund, and to demand that an extraordinary session of the Fund’s Council be called.
V. PROPERTY AND FINANCE OF THE FUND
5.1 To achieve the objectives set in this Charter, the Founder shall invest the Fund with the starting capital in the amount of 3600 lei.
5.2 The Fund can complete its assets by using the following sources:
a) further inflows from the Founder;
b) donations from the individuals and legal entities;
c) contributions from the National Public Budget and Extra-Budgetary Funds;
d) incomes from the Fund’s activities and its daughter-enterprises;
e) grants;
f) funds received from attracted resources (campaigns to draw resources, organization of charity actions);
g) other sources complying with the law.
5.3 All funds, inputs and other property shall constitute the Fund’s property and shall be on its balance, they are the Fund’s property and are used to achieve the objectives stipulated in the Charter in compliance with the legislation in force.
5.4 All valuable property, including the equipment purchased by the Fund, shall be recorded obligatorily, shall be kept and used in compliance with the Fund’s Charter.
5.5 The Fund has right to own buildings, premises, equipment, transport and other property required to achieve the chartered objectives.
5.6 The administrative expense shall not exceed 20% of the Fund’s expenditures and shall include the expense on receipt and assessment of assets, current expenses, including salaries, bonuses to the members of the Fund’s Council and the Council of Trustees. The Fund’s employees’ salary cannot be much higher than salaries of government employees.
5.7 The Fund’s profit shall be directed to meet the chartered objectives in conformity with the decision of the Fund’s Council, while taxation shall be carried out in conformity with the tax legislation in force.
5.8 The Fund shall keep its accounts in compliance with the tax legislation of Republic of Moldova.
VI. TRANSPARENCY AND FINANCIAL REPORTING
6.1 Reports on basic indicators shall be presented in conformity with the legislation in force. Upon completion of the financial year the Executive Director of the Fund shall present the Council of the Fund and the Founder a report on financial situation of the Fund.
6.2 Upon completion of the year, but no later than within 6 months after its completion, the Fund shall publish a report on its activities, which shall include the general amount of financial and material resources used during the financial year to achieve the chartered objectives, the number and the categories of users, and the volume of financial resources used for administrative expenses.
6.3 All individuals and legal entities shall be guaranteed a free access to the financial reports of the Fund.
VII. CHANGES IN THE CHARTER
7.1 Subsequent additions and changes in the Charter shall be adopted by the Council of the Fund in agreement with the Founder and registered in the due manner.
VIII. CESSATION OF THE FUND’S ACTIVITIES
8.1 The Fund can stop its activities upon a common decision of the Founder and the Council of the Fund, either when due to the lack of funds the declared objectives cannot be reached, or due to the decision of other competent bodies, in compliance with the legislation in force of Republic of Moldova.
8.2 The Fund shall be liquidated by a Liquidation Committee set up by those agencies which made the decision to liquidate the Fund in conformity with the Law on Funds and the Civil Code.
8.3 The Liquidation Committee shall identify the existing property, shall find the debtors and the creditors, pay them, undertake measures to settle accounts with the third parties whom the Fund owes some debts, make the liquidation balance to be reported to the Council of the Fund and the Founder.
8.4 Any financial and other material means left after liquidation and settlement of obligations to the creditors shall be used in purposes of this Charter by handing them over to another non-commercial social organisation pursuing similar goals. The decision on use of the remaining property shall be published.
Approved through founder's decision on 14.04.2003
Registered by the Ministry of Justice of Moldova (¹ 2604) of 25.04.2003
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