Statute of the Sztuka Obecna Foundation

 

 

Preamble

Our many years of experience working at the intersection of art and business inspired us to establish the Sztuka Obecna Foundation, whose mission is to support artistic activity and to protect and promote the work of outstanding artists. Art is a space for dialogue between people, generations, and nations. That is why we want to make it a living bridge connecting different worlds. Guided by its conviction of the importance of art for human and social development, the Sztuka Obecna Foundation combines tradition with modernity, promoting new ideas and forms of artistic expression, using innovative technological solutions to this end. In our thinking about creativity and creativity, we go beyond their traditional understanding, treating them as universal values. That is why we want art to be present in all areas of social and private life.

 

Chapter I

General Provisions

 

§ 1

1. The foundation under the name Fundacja Sztuka Obecna (Sztuka Obecna Foundation), hereinafter referred to as the ‘Foundation’, was established by Tomasz Czech, hereinafter referred to as the ‘Founder’, by a notarial deed drawn up by notary Bartłomiej Zeman on 21 August 2025, Rep. No. 4772/2025.
2. The Foundation operates under Polish law, including the Act of 6 April 1984 on foundations (consolidated text Journal of Laws 2023.166, i.e. of 23 January 2023) and these Statutes.

§ 2

1. The foundation has legal personality.
2. The Foundation is based in Krakow.
3. The foundation was established for an indefinite period.

§ 3

1. The Foundation operates within the territory of the Republic of Poland and beyond its borders.
2. The Foundation may establish branches and subsidiaries, join companies, cooperatives and foundations, and act as a supporting member of associations.
3. The Foundation may merge with another foundation in order to effectively pursue its objectives. A merger with another foundation may not take place if it could result in a significant change in the Foundation’s objectives.
4. The Foundation may be a member of national and international organisations to the extent necessary for the proper pursuit of its objectives in accordance with applicable regulations.
5. The Foundation may use the abbreviated name Sztuka Obecna and use translations of the name in selected foreign languages.

§ 4

The minister responsible for the Foundation’s objectives is the minister responsible for culture and national heritage.

§ 5

The Foundation may use its own visual identity, including emblems, logos and badges, in accordance with the design approved by the Foundation’s Management Board.

 

Chapter II

Objectives and methods of implementation of the Foundation’s activities

 

§ 6

1. The Foundation’s objective is to promote culture by providing all kinds of support to creators of culture and art at every stage of their artistic activity, including caring for their tangible and intangible cultural assets after their death, and organising cultural and artistic events, including, among other things, building public appreciation of art.
2. The Foundation pursues its objectives by conducting the following activities in Poland and abroad:
   • exhibition and publishing activities;
   • organising and documenting cultural events, educational and artistic workshops for children, young people and adults;
   • organising lectures, seminars and scientific conferences, scientific research in order to broaden knowledge and preserve memory concerning culture and art;
   • supporting individual research and artistic projects;
   • archiving, securing, storing, cataloguing, digitising and making publicly available or for scientific and artistic purposes collections, including documents belonging to the foundation, entrusted to it for safekeeping, as well as private archives;
   • creating and maintaining a digital database accessible on the internet;
   • supporting research trips and scholarships for cultural creators;
   • cooperation with artists, other institutions, state and local authorities, and cultural institutions in Poland and abroad;
   • promotion of art and culture, in particular through the use of modern technologies;
   • protection of tangible and intangible cultural heritage and preservation of national traditions;
   • organising cultural and artistic events, including exhibitions, shows, and meetings with authors;
   • conducting and supporting scientific research in the field of 20th-century culture and art;
   • organising conferences, seminars, training courses, artistic and scientific workshops;
   • archiving, securing and making available collections of works of art for scientific and artistic purposes;
   • cataloguing, digitising, processing and making available to the public, based on the highest standards in this field;
     organising and supporting educational activities, including art education and extracurricular forms of art history education aimed at children, young people and adults;
   • activities in the field of art conservation;
   • supporting cultural heritage by promoting research and artistic areas related to culture and art both domestically and abroad;
   • promoting knowledge about culture and art;
   • supporting cultural heritage by promoting research and artistic areas related to culture and art both domestically and abroad;
   • advice on all of the above activities;
   • implementation of communication solutions in the field of culture and art;
   • developing catalogues and promoting and distributing them;
   • collecting and securing works of art;
   • supporting and promoting civic engagement for the benefit of civil society;
   • making cultural events accessible to persons with disabilities and those who are socially excluded;
   • promoting and initiating projects aimed at raising awareness of cultural heritage in the Republic of Poland, the European Union and worldwide;
   • conducting activities aimed at deepening European integration;
   • organising national and international cultural events in all artistic, educational and social fields, in particular: interdisciplinary events, theatre performances, concerts, artistic workshops, educational projects, vernissages, exhibitions, competitions and festivals in various fields of art;
   • activities for persons with disabilities by equalising opportunities for persons excluded from access to material cultural goods, access to art and all forms of artistic and social creative thought, including the transfer of financial and material resources to individuals, such as awards and scholarships;
   • activities aimed at helping artists and their families in difficult life situations and equalising opportunities for these families and individuals, including the provision of material and financial assistance (benefits, pensions, scholarships, etc.);
   • cooperating with Polish and foreign authorities and local and governmental organisations, as well as non-governmental organisations; initiating and maintaining cooperation networks and providing personnel and project support at national and international level within the scope of its statutory activities;
   • participation in domestic and international events promoting the achievement of objectives consistent with those of the Foundation;
     publishing activities related to the achievement of the above-mentioned statutory objectives of the Foundation.

 

Chapter III

The Foundation’s assets and income

 

§ 7

The Foundation’s assets consist of an initial fund of PLN 2,000 (two thousand zlotys) and other property acquired by the Foundation in the course of its activities.

§ 8

1. The Foundation’s revenues come from:
   • from donations, inheritances, bequests,
   • from further payments by the Founder, including loans,
   • from subsidies from the state budget and local government units,
   • from subsidies, grants and subsidies originating in particular from domestic and foreign aid programmes and support projects,
   • from various forms of fundraising and other sources, including public collections and events,
   • from movable and immovable property and property rights belonging to the Foundation,
   • from bank deposits and securities.
2. Revenues from subsidies, donations, bequests and inheritances may be used to achieve all of the Foundation’s objectives, unless the donors or testators have decided otherwise.

§ 9

1. The Foundation’s financial year is the calendar year.
2. The Foundation is liable for its obligations with all its assets.
3. In the event that the Foundation is appointed as an heir, the Management Board shall make a declaration of acceptance of the inheritance with the benefit of inventory, and only if, at the time of making such declaration, it is obvious that the assets of the estate significantly exceed the debts of the estate.

 

Chapter IV

Foundation Authorities

 

§ 10

The governing body of the Foundation is the Foundation Management Board.

Foundation Management Board

§ 11

1. The Management Board consists of 1 to 5 members.
2. The members of the Management Board are appointed by the Founder. It is possible to combine the roles of Founder and member of the Management Board.
3. Members of the Management Board are appointed for an indefinite period and may be dismissed by the Founder at any time.
4. Membership in the Management Board shall cease as a result of death, resignation, loss of full legal capacity, conviction by a final court judgement for an intentional offence prosecuted by public indictment or a fiscal offence, or dismissal of a member of the Management Board.
5. In the event of vacancies on the Management Board and the Founder being unable to appoint the Management Board or the missing members of the Management Board, the Management Board may only be supplemented by co-opting the missing members by unanimous resolution of the members of the Management Board who have previously held these positions.

§ 12

1. The Management Board manages the Foundation’s activities and represents it externally.
2. The Management Board’s responsibilities include, in particular:
   • managing the Foundation’s operational activities,
   • developing annual and long-term plans for the Foundation’s activities and financial plans,
   • managing work related to the implementation of the Foundation’s statutory objectives,
   • preparing and submitting annual reports on the Foundation’s activities to the competent minister and publishing them in accordance with applicable regulations,
   • preparing the Foundation’s annual financial report,
   • managing the Foundation’s assets,
   • acquiring rights and incurring liabilities on behalf of the Foundation,
   • determining accounting principles in accordance with legal regulations,
   • accepting subsidies, grants, donations, inheritances and bequests on behalf of the Foundation,
   • creating the Foundation’s organisational structures,
   • adopting regulations, including the regulations of the Management Board and the regulations of the Foundation Council,
   • establishing rules for remunerating the Foundation’s staff and reimbursing expenses incurred by volunteers,
   • hiring employees,
   • making amendments to the Foundation’s statutes,
   • deciding to merge with another foundation,
   • making decisions on the liquidation of the Foundation,
   • appointing a liquidator for the Foundation,
   • designating the entity to take over the assets remaining after the liquidation of the Foundation.
3. The Management Board may appoint proxies or representatives.
4. Members of the Management Board may receive remuneration or other benefits related to the performance of their duties. The amount of remuneration or other benefits is determined by a resolution of the Management Board.

§ 13

1. Each member of the Management Board has the right and obligation to manage the Foundation’s affairs.
2. Resolutions of the Management Board are adopted by a simple majority of votes in the presence of at least half of its members.
3. Meetings of the Management Board are held as necessary, but at least once a month.
4. The Management Board may adopt resolutions in writing or using means of direct remote communication.
5. The Founder or other invited persons may participate in the Management Board meeting in an advisory capacity.
6. Each member of the Management Board may, without a prior resolution of the Management Board, perform an urgent action, the omission of which could cause serious damage to the Foundation.

Method of representation

§ 14

Each member of the Management Board is authorised to represent the Foundation, make statements and incur liabilities on behalf of the Foundation.
In agreements and disputes between the Foundation and members of the Management Board, the Foundation is represented by a proxy appointed by the Founder.

 

Chapter V

Final provisions

 

§ 15

1. After the Founder’s death, all his rights under the Act and these Statutes shall be assumed by the Foundation’s Management Board, with the proviso that the Management Board shall not be entitled to change the Foundation’s objectives.
2. From this moment on, the Management Board may only be supplemented by co-opting missing members by unanimous resolution of those currently holding these positions.

§ 16

Amendments to these Statutes, including the purpose of the Foundation’s activities, shall be made by way of a resolution of the Management Board.

§ 17

1. The Foundation shall be dissolved if its financial resources and assets are exhausted.
2. The assets remaining after the liquidation of the Foundation shall be transferred to an entity designated by the Management Board, taking into account the provisions of Article 5(4) of the Act on Foundations.

§ 18

1. In matters not covered by these Statutes, the provisions of the Act of 6 April 1984 on foundations shall apply.
2. The Statute shall enter into force on the date of entry of the Foundation into the National Court Register.