Statute of Fondazione Nadia Valsecchi
It is established through the work of its founders, private persons, the foundation called “Foundazione Nadia Valsecchi ONLUS – Non-profit organization of social utility” based in Palazzolo sull’Oglio Via Francesco Baracca, n. 9.
It responds to the principles and the legal framework of the Participatory Foundation as specified by current standards.
The Foundation is non-profit and is made as provided by the laws of which amply fulfill the requirements under the name of the “Fondazione Nadia Valsecchi ONLUS – Non-profit organization of social utility” is reported in any distinctive sign used for the conduct of, and in any communication to the public.
Art. 2 (Registered office)
The Foundation is based in Palazzolo sull’Oglio Via Francesco Baracca, n. 9.
It may establish branches, offices and centers across the country and abroad by resolution of the Board Ammi¬nistrazione.
Art. 3 (Purpose and activities)
The Foundation has as its purpose the ‘exclusive pursuit of social solidarity in the fields of’ healthcare and charity in ‘territorial scope of the Lombardy Region in particular through the collection of funds to be donated to the cancer research institutes and food and health education patients and patients suffering from these diseases.
It, however, intends to operate in the areas indicated in the manner defined by ‘appropriate existing government regulation issued in compliance with the current legislation.
In particular, the funds raised with the institutional activities and those related and ancillary, will be donated to research centers who have thorough knowledge about pancreatic cancer or those structures, which in protected areas and not, provide care and treatment to people living by these diseases, provided on the national health service.
It may also ‘use all the social media and even the mass, to inform citizens, families and patients on diseases of the pancreas as well as developments and the results achieved by scientific research into diseases such as cancer and ancillary activities related to activities social solidarity.
The bodies of the charity must be in possession of the requirements of the circular and ministerial resolutions concerning the “charitable activities carried out by NPO”.
To achieve its goals, the Foundation may, among other things:
a) take all appropriate deed or contract, also for the financing of the operations approved, including, without the exclusion of others, obtaining loans and mortgages, short or long term, renting, hiring licensed or loan or the purchase, ownership or right of surface properties, entering into agreements of any kind also recorded in public registers, with public or private entities that are considered appropriate and useful for the achievement of the aims of the Foundation;
b) administer and manage the assets of which it is owner, lessor, bailee, or otherwise owned or used;
c) enter into agreements and contracts for the outsourcing of part of the activities as well as specific studies and consultations;
d) participate in associations, organizations and institutions, public and private, whose activity is directed, directly or indirectly, to pursue goals similar to those of the Foundation; the Foundation may, if it deems appropriate, participate in the establishment of such bodies;
e) promote and organize events, conferences, meetings, proceeding to the publication of the relative records or documents, and all those initiatives and events appropriate to favor an organic contact between the Foundation, the operators of the sectors of activities of the Foundation and the public;
f) provide awards and scholarships, at the discretion of the board, to deserving students in economic disadvantage, who have carried out research and thesis of oncological diseases
g) promote and subsidize staff training activities dependent on institutions that carry out health services to disadvantaged persons because of their physical, psychological, economic, social or family suffering from oncological diseases;
h) to carry out in a non-dominant and in a merely incidental and instrumental to the pursuit of the institutional purposes, the ‘assets of a financial and commercial economic assistance, including with regard to the publishing and audiovisual sector in general and the dissemination through the world wide web ;.
i) carry out any other activities that support the pursuit of the institutional purposes in accordance with the provisions of social solidarity.
It is prohibited to the Foundation to carry out activities other than the institutional ones than those directly related to the first such as, but not limited to, those mentioned in this article.
Art. 4 (Heritage)
The assets of the Foundation consist of:
– From an initial capital of € 1,000.00 (one thousand point zero zero) paid by the founding partners;
– From capital contributions from the founding members;
– Any other income allocated to increase it;
– From donations, bequests and donations arranged in his favor.
Art. 5 (Allocation of profits, funds, reserves and capital)
Any profits or operating surpluses will be used to carry out institutional activities and those directly connected to them.
It is strictly forbidden to distribute, even indirectly, profits and operating surpluses as well as funds, reserves or capital during the life of the organization unless the destination or distribution is imposed by law or are made in favor of other ONLUS that by law, by statute or regulation are part of the same structure. the actions contrary to the applicable law and which are subject to tax regulations for non-commercial entities and non-profit organizations of social utility are in any case prohibited.
Art. 6 (economic resources)
The ordinary means for the Foundation’s activities derive from the assets income, income from activities, from grants, contributions and donations of the state, public and private institutions as well as any economic input – not meant to incre¬mentare financial assets.
Art. 7 (Appointment of Directors)
The Foundation is governed by a Board of Directors, chaired by law as one of the founding members of the Valsecchi family members.
The other Council members, numbering from two to four, are appointed by the founders. Subsequently, by the end of the charter members, all members of the board will be appointed jointly by the municipality of Palazzolo sull ‘Oglio and the pastor pro tempore of the Parish of the Sacred Heart of Palazzolo sull’ Oglio, interested in the foundation. The director intended to hold the office of president will be indicated alternating with each mandate, or the town of Palazzolo sull ‘Oglio or the Parish of the Sacred Heart of Palazzolo sull’ Oglio and elected by the board.
The Council shall elect a Vice President.
Art. 8 (Meetings)
The Council normally meets twice a year and in extraordinary session whenever the Chairman deems it appropriate or when a meeting is requested by at least two-thirds of the directors in office.
The convocation is made by registered letter, sent to the Directors or by mail, fax, certified mail at least three days before the date set for the meeting, except in urgent cases, for which the meeting may be made with the media available by the day before.
The Council meetings are valid with the presence of the majority of its members.
The Council shall act by a majority of those present. In case of a tie, the vote of the person chairing the meeting is duplicated.
For the amendments it requires a majority of two thirds of the votes and the favorable vote of the President.
The Board of Directors may confer any functions delegated to the Chairman, both individual members of the Council itself, within the limits established by its resolution approved and deposited them in legal terms.
Art. 9 (Skills)
They are the responsibility of the Board of Directors acts of ordinary and extraordinary administration.
In particular, by way of example and without this constituting a limitation, they belong to it:
a) the year programming for years of social activity;
b) the formation and approval of the budget and the final budget;
c) the organization of conventions, conferences, study days, seminars;
d) the approval of agreements with institutions operating in the social health and communication sector;
e) the appointment of the Director, the Secretary General, prosecutors, officials and employees;
f) resolutions concerning the allocation of capital funds;
g) resolutions on purchases and real estate sales, on the acceptance of donations, on the assumption of obligations on mortgage transactions, cancellations, renunciations, subrogation or postponement of mortgages;
h) resolutions on actions in other entities or companies of any type;
i) approval of regulations for the functioning of the administrative and accounting services;
l) the amendments.
Art. 10 (President)
The Chairman of the Board:
– Chairs the meetings of the Board of Directors;
– Implements the decisions of the Board;
– Take urgent measures on the matters mentioned in Article 9 report to the Board for ratification at its next meeting.
The Chairman is the legal representative of the Foundation and the signature at any place and at any location.
In case of absence, the Vice President replaces in every respect the President in all his functions.
Art. 11 (exercise duration)
The financial year ending on December 31 of each year. The first ending on December 31 of the ‘year of establishment of the foundation.
Art. 12 (budget balance)
The Board of Directors prepares by January 31 of each year, the budget of the year forecasting and reporting. The budget estimate must show the income statement with expectations revenue and expenditure considered in addition to financial position.
Art. 13 (final balance)
The Board of Directors within four months of the year end draw up the balance sheet, after accurate inventory to be filled both with prudent security criteria and with the greatest possible clarity in order to facilitate reading by third parties.
In the event that the proceeds exceed two consecutive years the amount of one million euros, according to current law, the budget must be accompanied by a report stating the control carried out during the year and the approval of the device the budget signed by one or more auditors entered in the register of auditors.
Art. 14 (Board of Auditors)
The Board of Auditors, if appointed, is composed of three members and two alternate members, proposed and nominated by the founding partners and, if the founders are terminated for any reason, will be given an equal footing, from the town of Palazzolo sull ‘Oglio and the parish priest pro tempore of the Parish of the Sacred Heart of Palazzolo sull ‘Oglio. The presidential candidate will be indicated in the manner provided for the Chairman of the board in art. 7) so as to obtain a body which in turn points to the chairman of the board and the ‘other body indicates the president of the Board of Statutory Auditors.
The Statutory Auditors shall elect among themselves the Chairman of the Board.
They remain in office for three years and are always re-elected.
The Board has the duties and tasks set by law.
Art. 15 (Dissolution)
The Foundation is dissolved upon the occurrence of any of the following events:
– By the will of one of the founders unless others want to continue it in which case we will proceed to the withdrawal of the only founding member who made the request;
– On account of prior attainment of the statutory purpose;
– To impossibility to realize the social aim;
Art. 16 (Liquidator)
In the event of dissolution of the Foundation, the Board of Directors, with a majority of two / thirds, appoint one or more liquidatori establishing their powers.
Art. 17 (Devolution of the property)
Upon termination, it shall the Foundation to donate the remaining assets to other foundations or associations always consist in non-profit organizations of social utility or public purposes, after the monitoring body unless otherwise assigned by law.
Art. 18 (Final Provisions)
All matters not provided for herein shall apply the relevant legal provisions.
F.TO VALSECCHI ETTORINO
F.TO ENRICO TABALAPPI NOTAIO L.S.