THE STATUTE

 OF THE CHARITY FOUNDATION

 „C A R I T A S    M O L D O V A”

 Chisinau, 2015

 

  1. GENERAL PROVISIONS

 

1.1.The Charity Foundation “Caritas Moldova”, hereinafter “the Foundation” is a non-commercial organization, without members, of humanitarian and charitable character, of public utility, that is carrying out a nonprofit activity, created following the reorganization of the Religious Catholic Mission “Caritas Moldova”, based on the decision of the Roman-Catholic Diocese of Chisinau, hereinafter the “Founder”, endowed with a distinct patrimony, separated of the Founder’s patrimony, which is meant for achieving the statutory goals.

1.2.The Roman-Catholic Diocese of Chisinau, with its legal form – religious organization, is registered with the State Service for Religious Affairs within the Government of the Republic of Moldova; Registration Certificate No. 1654 issued on 20 August 2002.

1.3.The Charity Foundation “Caritas Moldova” is the legal successor of the Religious Catholic Mission “Caritas Moldova”, headquartered in Chisinau municipality, 7 Sf. Andrei stradela, fiscal code no. 560019, registered under no. 36 on 10 May 1995 by the State Service for Religious Affairs within the Government of the Republic of Moldova.

1.4. The Foundation assumes all rights and responsibilities assumed by the Religious Catholic Mission “Caritas Moldova”, its distinct patrimony, movable and immovable proprieties, contract with businesses companies, partners, beneficiaries and other bodies, economic, social and humanitarian activities in existing projects, both on national and international levels.

1.5.The legal form of the Charity Foundation “Caritas Moldova” is foundation.

1.6.The Foundation operates on the entire territory of the Republic of Moldova and abroad.

1.7.The Foundation has an unlimited duration of activity.

1.8.The Foundation is headquartered in: the Republic of Moldova, mun. Chisinau, 7 Sf. Andrei stradela, MD-2004.

 

  1. LEGAL STATUS OF THE FOUNDATION

 

2.1.     The Foundation acquires legal personality with the registration of the given Statute with the Ministry of Justice of the Republic of Moldova. The Foundation enjoys all rights and obligations assigned by the law to such categories of legal persons. The Foundation has a stamp, seal, letterhead with its name, its own balance sheet, bank and deposit accounts in national and foreign currency, fiscal code and other means of visual identification registered as established and necessary for the activity of the legal person.

2.2.     Foundation acquires and accomplishes, in its own name, patrimonial and personal non-patrimonial rights, is liable according to the law in force, has autonomic balance, can conclude transactions in its own name: appears as plaintiff and defendant in court.

2.3.     Foundation’s activity is carried out based on self-management, principles of transparency, collaboration with governmental and nongovernmental organizations in the Republic and abroad, in accordance with the given Statute and the legislation in force.

2.4.     The Foundation is created and operates according to the Constitution of the Republic of Moldova, Moldovan Law on Foundations (no. 581 as of 30.07.1999), the given Statute, rules of the Code of Canon Law of the Roman-Catholic Church, Caritas Internationalis and Caritas Europa standards and principles and other normative acts in force.

2.5.     All documents of Foundation are valid only if they are signed by authorized persons within their competence and bear the stamp of Foundation.

2.6.     Foundation may open branches and representative offices in the Republic of Moldova and abroad based on the decision of the Foundations ‘Board.

2.7.     The Foundation will not support any political party, electoral bloc or candidate to a position within the public authorities and shall not use any part of the income or property to finance them.

 

 

  1. GOALS AND ACTIVITY METHODS OF THE FOUNDATION

 

3.1.     The goals of Foundation are to contribute to:

3.1.1.     Promotion of:

  1. human rights and values and human dignity;
  2. education;
  3. social assistance and protection;
  4. health care;
  5. other areas of public utility.

 

3.1.2.     providing necessary assistance to socially vulnerable groups regardless of age, sex, nationality, race, religion, political affiliation, etc.;

3.1.3.     raising awareness among citizens and various organizations on the need of implementation charity and mercy within the society;

3.1.4.     organizing mechanisms necessary for achieving charity;

3.1.5.     deepening cultural and social experiences present in the Republic of Moldova, in dialogue with the international community;

3.1.6.     contributing to the development of Moldovan society, formation and growth of citizens’ own identity by strengthening relations of friendship, partnership and solidarity with other nations;

3.1.7.     coordinating and fulfilling charity actions of the Founder through collaboration with all persons and institutions that operate in charity field and whose principles do not contravene the statute of the Foundation.

 

3.2.   To achieve its goals Foundation is going to carry out the following activities:

3.2.1.     initiation and continuation, coordination, implementation and funding of national and international programs and projects, in its own areas of activity, necessary for supporting charitable actions, poverty reduction, reintegration of vulnerable groups in society and generation of additional sources of income;

3.2.2.     searching and receiving financial and material aid and distributing it to its structures which directly help different categories of disadvantaged people in the Republic of Moldova, primarily, vulnerable groups such as: elderly persons, sick people, children, people with disabilities, families with many children and incomplete families, youth, homeless persons, etc.

3.2.3.     providing medical services, health and social care, palliative care at home and in ambulatory;

3.2.4.     popularization of activity experiences in the field, development of social, spiritual, educational, cultural, training programs corresponding to the interests of the society, which would contribute to the growth of education, training and information level of citizens of the Republic of Moldova;

3.2.5.     providing informational, advisory assistance in its own areas of activity;

3.2.6.     attracting young people to participate in life of the society, as well as formation of a healthy way of life of the young generation and strengthening young family institution;

3.2.7.     creating groups of national and international volunteers tofulfill the statutory goals of the Foundation, organizing events for mobilizing, educating and training them;

3.2.8.     establishing, organizing and administrating social centers in order to provide moral, social and educational support, as well as contributing to the rehabilitation and integration of socially disadvantaged persons in the society;

3.2.9.     organizing recreational, cultural centers for children, youth and adults;

3.2.10.  organizing family homes and rehabilitation and support centers for different types of beneficiaries;

3.2.11.  organizing schools, school and extracurricular courses, vocational schools, interest clubs, summer camps, excursions, competitions and exhibitions;

3.2.12.  developing activities and projects of social entrepreneurship, economic and advisory ones, including for commercial legal persons, thereby contributing to the achievement of statutory objectives in accordance with the legislation in force;

3.2.13.  organizing all activities that could help vulnerable groups who face economic, environmental and moral difficulties;

3.2.14.  contributing to the affirmation in the public awareness of spiritual, patriotic values, opinions and beliefs, respect for history and traditions of Moldova;

3.2.15.  promoting and disseminating principles of physical, mental, social/ relational and spiritual health, education of the population in this spirit;

3.2.16.  organizing public awareness actions as regards the negative effects of drug and alcohol use, abuse in the family and society, human trafficking;

3.2.17.  supporting, by various means, actions to protect nature, combat pollution and environmental degradation, for restoring the integrity of nature;

3.2.18.  providing informational, advisory assistance in its own areas of activity;

3.2.19.  organizing and conducting lectures, conferences, trainings, scientific, informational and educational seminars, qualification, requalification and vocational guidance courses, cultural and charitable activities, etc. for different groups within the limits set by legislation in force with local, national and international participation;

3.2.20.  purchase, editing and distribution of own informative and advertising leaflets that educate the charity spirit, to fulfill the statutory goals;

3.2.21.  searching and contacting potential donors, individuals and legal entities in the country and abroad for carrying out activities, accomplishing projects to fulfill the statutory goals;

3.2.22.  establishing and expanding permanent relations of dialogue and partnership with similar international organizations;

3.2.23.  cooperating with state institutions, governmental and nongovernmental organizations, international organizations to fulfill the statutory goals;

3.2.24.  participating in advisory bodies, working committees or other forms of cooperation with governmental and nongovernmental organizations, national and international organizations to fulfill the statutory goals;

3.3.   Beneficiaries of Foundation are individuals and legal entities, for the benefit of which, under the terms established by law and Statute of Foundation, a certain payment can be done, services can be provided or part of Foundation’s goods remitted, for which are intended the programs carried out by the Foundation.

 

 

  1.                                          IV.          RIGHTS AND OBLIGATIONS OF THE FOUNDATION

 

4.1.Foundation is entitled to:

4.1.1.     carry out activities under the law for fulfilling the statutory goals;

4.1.2.     conclude bilateral and multilateral cooperation agreements with individuals and legal entities for fulfilling statutory goals and objectives;

4.1.3.     represent and defend in court, before public authorities, as well as other individuals and legal entities, legal rights and interests of Foundation;

4.1.4.     obtain necessary information from public authorities for carrying out statutory activities with omissions stipulated by the law;

4.1.5.     support scientific researches;

4.1.6.     contribute to free promotion of cultural and educational initiatives, coming from individuals and legal entities, as well as initiatives in its own areas of activity;

4.1.7.     develop and fund specific programs for training and specialization of citizens, in the country or abroad, regardless of their social status and skill level through scholarships, financial aid, technologies etc.;

4.1.8.     hire specialists, experts and other personnel, remunerating them in accordance with the legislation in force;

4.1.9.     conduct economic activity resulting directly from statutory goals;

4.1.10.  freely disseminate information on its activities;

4.1.11.  establish its own media sources and use, as established, the state ones;

4.1.12.  carry out publishing activity in order to promote its activities;

4.1.13.  create enterprises and other organizations with legal personality;

4.1.14.  purchase movable and immovable property necessary for carrying out the activity and ensuring the smooth running of the Foundation;

4.1.15.  create, as needed, from its own resources, local structural subdivisions;

4.1.16.  establish branches and representative offices both in the country and abroad;

4.1.17.  develop relations in the field of culture, education and science between the Republic of Moldova and other countries based on free exchange of ideas and information in the spirit of democracy and freedom;

4.1.18.  encourage and materially support educational activity by organizing symposiums, conferences and exhibitions both in the Republic of Moldova and abroad;

4.1.19.  support public and private non-commercial institutions, universities, schools, orphanages, shelters, hospitals, prisons and other social institutions in the Republic of Moldova;

 

4.2.Foundation is required to:

4.2.1.     comply with the provisions of the given Statute and the legislation in force;

4.2.2.     meet the social and charitable mission for which was founded;

4.2.3.     amend the constitutional documents in case of modification of the legislation in the field;

4.2.4.     annually present to relevant bodies the report, which contains data about its activity, achievement programs, funding sources, the total value of the used means, including administrative expenses in accordance with the legislation in force.

 

 

  1. ORGANISATIONAL STRUCTURE OF THE FOUNDATION

 

5.1.Governing and supervisory bodies of the Foundation are:

  1. Board of the Foundation;
  2. President of the Foundation;
  3. Director of the Foundation;
  4. Censor.

 

5.2.The Foundation’s Board is the supreme governing body, appointed by the Founder and consists of five (5) members that:

5.2.1.     work on the development strategy and main directions of the Foundation’s activities;

5.2.2.     approve the strategic plan, balance sheet, annual budget and the annual activity report of the Foundation;

5.2.3.     approve Foundation’s organizational structure;

5.2.4.     approve the establishment of branches and representative offices;

5.2.5.     approved investment decisions (including loans), purchase of property, contract services, procurement and disposal of assets whose value Foundation is higher than 1 500 000 MDL

5.2.6.     approve the report of the external auditor and Censor;

5.2.7.     appoint and dismiss the Director of the Foundation following the proposal of the Founder;

5.2.8.     propose to the Founder for approval changes and amendments to the Statute of the Foundation;

 

5.3.The Board’s mandate lasts five (5) years. At the expiry of the Board’s mandate, the Founder shall appoint the next members of the Board for a new mandate. The same persons may be re-elected an unlimited number of times. The Board membership may be revoked in the manner established by the Statute of the Foundation.

5.4. The Board members will not be able to claim any material benefit from the foundation;

5.5.The Board shall meet when necessary, but not less than once per year and shall take decisions by a simple majority of votes. The meetings of Foundation’s Board are deliberative if 2/3 of the members are present. Each member of the Foundation’s Board shall have one vote. In case of a tie vote, the President’s vote shall be decisive.

5.6.The meetings of the Board shall be convened by the President of Foundation. At the request of one member of the Board or of the Founder, the President of the Foundation has to convene an extraordinary meeting within 10 days.

5.7.The Board meetings shall be recorded in the minutes signed by the President of Foundation and countersigned by the secretary of the Board. The President of the Board is required to ensure the record of the minutes of the Board.

5.8.Membership in the Board shall be lost under the following conditions:

5.8.1.     in case of death;

5.8.2.     in case of resignation respecting the term by the one who resigns, but not less than one month after the written approval of the Board President;

5.8.3.     in case of revocation by the Founder’s decision for causing moral and material damages to Foundation.

 

5.9. In case of the situations referred to in art 5.7., the seat from the Foundation’s Board remains vacant and the Founder shall appoint, as soon as possible, another person.

5.10.       The President of Foundation’s Board is also the President of Foundation and coordinates overall activity of Foundation.

5.11.       The President of Foundation is appointed by the Founder and has a mandate of 5 (five) years. The same person may be appointed for an unlimited number of times.

5.12.       The President of Foundation has the following competences:

5.12.1.  convene and presides the Board meetings;

5.12.2.  promotes the goals and values of the Foundation in achieving social justice in society in accordance with the Social Doctrine of the Universal Catholic Church;

5.12.3.  represents the Foundation in relations with state authorities and public organizations, the media, church authorities, within Caritas international community, on national and international levels;

5.12.4.  ensures the execution of the decisions adopted by the Board;

5.12.5.  presents to the Founder all the necessary information about the work of the Foundation and its tasks ‘performances;

5.12.6.  at the Founder proposal, appoints and dismiss the Director of Foundation;

5.12.7.  approves the agreements and memorandums of colaboration with governmental and non-governmental organizations within Republic of Moldova and abroad.

5.12.8.  approves and supervises the implementation of the fundraising concept in order to ensure a corresponding financial capacity of the Foundation.

 

5.13.       The President of Foundation has the right to make decisions such as orders and provisions in any field related to the activity of Foundation, except those included in the competence of the Board and the Director.

 

5.14.       At the Founders’ proposal, the Director of the Foundation is appointed by the Boards for 5 (five) years. The same person may be appointed for an unlimited number of times.

5.15.       The Director of the Foundation has the following competences:

5.15.1.  organizes and directs the current activity of Foundation, its subdivisions and ensures the execution of the decisions adopted by the Board and the President;

5.15.2.  ensures a qualitative implementation of the Foundation’s activity and its content;

5.15.3.  appoints and dismisses staff, sets the remuneration level depending on individual contribution and existing financial means, solves other issues with the employees, including their travels in the country and abroad;

5.15.4.  makes decision on the hire of employees, collection of damages caused by them and application of disciplinary sanctions;

5.15.5.  executes the control of budgets, accounting, compliance with procurement procedures of goods and services;

5.15.6.  presents at the Board the reports and annual balance sheet of Foundation;

5.15.7.  ensures compliance with legal requirements in the activity of the Foundation;

5.15.8.  organizes fundraising in the Republic and abroad;

5.15.9.  establishes and ensures compliance with the rules and operating procedures of the Foundation;

5.15.10.  opens and closes bank and deposit accounts in national and foreign currency in banking institutions in the country and abroad;

5.15.11.  concludes on behalf of Foundation and signs without procuration, both from the country as well as abroad, contracts and other documents allowed by the legislation in force;

5.15.12.  is personally responsible for the activity of Foundation and is responsible for its immovable property and current assets;

5.15.13.  solves other current issue.

 

5.16.       The Censor of the Foundation is appointed by the Boards for 5 (five) years. The same person may be appointed for an unlimited number of times.

5.17.   Control over the activity of Foundation and the governing bodies is exercised by the control body – Censor, which will carry out controls, if necessary, following the decision of the Founder or in accordance with the law.

5.18.   The Censor controls’ financial and economic activity of Foundation, supervises the legality and correctness of the decision-making, and compliance of the activity with the mission and statutory goals.

5.19.   The Censor has the right to request the necessary documents and explanations from the President, Board members, Director and other professionals within the Foundation. Control results are presented in the report that shall be submitted to the Founder and the Board.

5.20.    Control of financial and economic activity of Foundation may be carried out by state financial and tax bodies, as provided by the legislation.

5.21.   Control of financial and economic activity of Foundation shall be carried out at least once a year.

 

  1.                                   VI.          GOODS AND FINANCIAL MEANSOF THE FOUNDATION

 

6.1.To achieve the goals set out in the given Statute, Foundation has, at the moment of registration, an initial patrimony of 3,600 MDL transmitted to Foundation with title deeds by the Founder.

6.2.The entire patrimony of the Foundation, as well as the benefit from economic activity, can be used only for fulfilling the statutory goals.

6.3. Donations to the Foundation may be in the form of movable and immovable property, copyright, shares, etc., cannot be revoked and represent the property of the Foundation;

6.4.The Foundation can own buildings, equipment, vehicles and other assets necessary for fulfilling the goals set by the given Statute.

6.5.The patrimony of the Foundation consists of movable and immovable property, financial sources from voluntary donations, gifts, testaments and other sources not prohibited by law, as follows:

6.5.1.     Founder’s contributions;

6.5.2.     revenues from the national public budget and extra-budgetary funds, state social orders;

6.5.3.     state subsidies, incomes from securities, cash deposits;

6.5.4.     sponsorship and voluntary donations from interested individuals and legal entities both from the country and from abroad, in accordance with the legislation in force;

6.5.5.     grants;

6.5.6.     means obtained as a result of resources accumulation activity (carrying out campaigns to attract funds, organizing cultural, educational, charitable, social entrepreneurship activities and other activities provided by the legislation);

6.5.7.     incomes of trading companies founded with participation of the Foundation;

6.5.8.     incomes resulting from the use or alienation of property;

6.5.9.     other sources that do not contravene the legislation in force.

 

6.6.All financial, material means and other goods forming the patrimony of Foundation, included in the balance sheet, represent the property of Foundation, are used for the goals stipulated in the Statute and in accordance with the legislation in force, exercise the right of possession, use and disposal of the patrimony owned by it. The patrimony cannot be revoked, distributed among members of governing and control bodies, employees or the Founder.

6.7. The current assets of Foundation are held in settlement and deposit accounts or other accounts of banking institutions in the republic and abroad.

6.8.Foundation is responsible for the received donations and their use in accordance with the legislation in force and the provisions of the given Statute.

6.9.Total income of Foundation is used to cover the costs related to the implementation of statutory tasks and administrative expenses, in accordance with the legislation in force.

6.10.       The Foundation’s accounting is performed in accordance with national standards of accounting and financial standards of Caritas Internationalis.

6.11.       The means of Foundation are used for statutory goals based on the decision of the Board of Foundation and the taxation shall be performed in accordance with the tax legislation in force.

 

 

  1. ADOPTION, COMPLETION AND AMENDMENT OF THE STATUTE

 

7.1.The proposals and amendments to the Statute of Foundation are developed by the Board and adopted by the Founder.

 

  1. TERMINATION OF ACTIVITY OF THE FOUNDATION

 

8.1  Termination of the Foundation’s activity can take place following the Founder’s decision if the statutory goals cannot be fulfilled because of lack of funds or based on the decisions of other competent authorities according to Moldovan legislation in force.

8.2   Liquidation of the Foundation is executed by the Liquidation Commission appointed by the Founder, who adopted this decision in accordance with the Law on foundations and Civil Code.

8.3  The Liquidation Commission determines the existence of the patrimony, finds the debtors and creditors, is paying them off, takes action to recover debts towards third parties, composes the liquidation balance to be submitted to the Board and the Founder of the Foundation.

8.4  The assets remaining after payment of all debts to creditors cannot be distributed among the Founder, the members of the Board, Foundation employees or other individuals. In accordance with the decision of the Founder, these assets are transmitted, according to the legislation in force, to other similar organizations for fulfilling the statutory goals.

8.5  The remaining financial means, including the amounts from realization of the patrimony during liquidation, after executing all payments to the budget, to the employees hired by the Foundation and to its creditors, are used in accordance with the legislation in force.

 

Founder:

Roman-Catholic Diocese of Chisinau

 

17 February 2015

 

………………………………………………..

Bishop of Chisinau, Anton COSA