ORDINANCE OF THE MINISTER OF CULTURE AND THE NATIONAL HERITAGE of 26th May 2017 regarding the establishment of the Articles of Association of the Adam Mickiewicz Institute.
CHAPTER I
GENERAL PROVISIONS
§1.
The Adam Mickiewicz Institute, hereinafter referred to as “the Institute” is a state cultural institution conducting activity pursuant to the Act of 25 October 1991 on organizing and conducting cultural activity (Journal of Laws of 2012; item 406), Ordinance No. 7 of the Minister of Culture and National Heritage of 14 March 2006 regarding the division of state cultural institution, the Adam Mickiewicz Institute, and establishing a state cultural institution: the Adam Mickiewicz Institution and a state cultural institution: the National Centre for Culture
(Official Journal of the Minister of Culture and National Heritage No. 2, item 14) and these Articles of Association.
§2.
The Institute has legal personality.
§3.
1. The registered office of the Institute shall be the capital city of Warsaw. The Institute shall conduct activity in the Republic of Poland. The Institute may conduct activity outside the territory of the Republic of Poland.
2. The organizer of the Institute shall be the Minister of Culture and National Heritage, hereinafter referred to as “the Minister”.
3. The Institute has been entered in the Register of Cultural Institutions kept by the Minister under entry no. RIK 70/2006.
4. The Minister shall provide governance over the Institute.
CHAPTER II
SCOPE OF ACTIVITY CONDUCTED BY THE INSTITUTE
§4.
1. The purpose of the Adam Mickiewicz Institute is to present the Polish culture abroad and initiate international cooperation and cultural exchange in line with the statement of the foreign policy and foreign cultural policy of the Republic of Poland.
2. The Institute shall accomplish its objectives through:
1) carrying out projects within the area of culture with respect to:
a) promoting Polish culture abroad;
b) spreading knowledge of the history and national heritage of Poland abroad;
c) events of significant importance for Poland and celebrations of important anniversaries;
d) participating in strategic cultural events of global significance.
2) actively participating in cultural events around the world, including participation in festivals, trade shows and exhibitions;
3) organising cultural events arising from international obligations of the Minister both in Poland and abroad;
4) preparing and implementing Polish cultural programs during international cultural events abroad as requested by the Minister and the Minister of Foreign Affairs;
5) representing Poland at important international seminars and conferences regarding cultural issues;
6) winning leaders and opinion makers by means of, among others, study tours in order to plan program contents of projects effectively and achieve expected promotional effects;
7) coordinating Polish participation in selected European programs;
8) implementing programs within the framework of which natural persons and legal persons may obtain, by competition, financial support for carrying out projects promoting Polish culture abroad;
9) awarding foreign grants to Polish artists and specialists in the field of culture as well as local grants to foreign artists and specialists in the field of culture;
10) creating and updating an integrated information system on Polish culture including ensuring the presence of Polish culture online;
11) preparing publications and making films presenting outstanding achievements of Polish artists, distinguishing features of Poles and national values;
12) building a knowledge base in order to effectively plan the program contents of projects, implement them effectively and achieve expected promotional effects;
13) creating and producing items promoting Poland using contemporary design touching upon the Polish tradition;
14) obtaining extra-budgetary funds and using them to accomplish the objectives of the Institute.
3. For the purposes of accomplishing the objectives stipulated in these Articles of Association, the Institute shall cooperate mostly with:
1) entities in charge of developing and pursuing the state policy regarding international cooperation and cultural exchange;
2) foreign diplomatic missions in Poland and foreign culture, science and media institutions; research centres and non-governmental organizations;
3) representatives of local and foreign cultural, scientific, research and media sectors.
CHAPTER III
ORGANIZATION AND MANAGEMENT
§5.
The Institute’s bodies shall be: the Director of the Institute and the Council of the Institute.
§6.
1. The Director of the Institute shall manage the Institute and represent it before third parties.
2. The Director of the Institute shall be accountable for accomplishing the objectives stipulated in the Articles of Association, specifically:
1) being responsible for day-to-day operations of the Institute;
2) preparing a strategy, long-term plans and financial projections of the Institute;
3) monitoring and coordinating the implementation of prepared action plans and financial plans of the Institute;
4) issuing internal rules and regulations.
3. The Director of the Institute shall be appointed and removed by the Minister.
4. The Director of the Institute shall manage the Institute with the help of three deputy directors.
5. The deputy directors shall be appointed and removed by the Director of the Institute prior to consultation with the Minister.
6. The internal organization of the Institute and the general scope of activity of organizational units and self-contained positions shall be governed by the Institute’s organizational bylaws established by the Director of the Institute pursuant to Art.13 section 3 of the Act on organizing and conducting cultural activity.
7. All amendments to the organizational bylaws shall be made in accordance with the manner of their establishment.
§7.
1. The Council of the Institute comprising from five to seven members appointed by the Minister for a 3-year term upon a request of the Director shall act within the Institute as a consultative body. The Council shall also consist of a representative of the Minister of Culture and National Heritage appointed by the Minister and a representative of the Minister of Foreign Affairs appointed by the Minister prior to consultation.
2. The competencies of the Council of the Institute shall include:
1) reviewing the accomplishment of the objectives set forth in Chapter II of the Articles of Association;
2) expressing opinions and filing motions with the Director regarding all crucial issues related to the Institute;
3) providing help in searching for new forms of organizational, conceptual and financial support for the activity of the Institute.
3. The activity of the Council of the Institute shall be governed by a Chairperson.
4. The Chairperson shall convene the meetings of the Council of the Institute at least once a year.
5. The membership in the Council shall expire before the lapse of the term in the event of:
1) resigning the membership;
2) death;
3) legally binding deprivation of civil rights, incapacitation or disease permanently preventing from performing obligations;
4) removing by the Minister due to a failure to perform obligations of the member of the Council arising in connection with these Articles of Association and by-laws.
6. The detailed procedure regarding the activity of the Council of the Institute shall be defined in the bylaws adopted by the Council of the Institute upon consultation with the Director.
7. The Institute shall provide the secretarial and clerical services for the Council of the Institute.
§8.
1. The Director of the Institute may appoint advisory bodies for the purpose of performing a specific task. While appointing an advisory body, the Director of the Institute shall specify the scope of its activity, composition and the number of members.
2. Resolutions of the advisory body shall be adopted by ordinary majority of votes with at least half of its members present.
3. The advisory body shall name one of its members the Chairperson.
4. The members of the advisory body shall be accountable for the performance of tasks to the Director of the Institute.
5. The Institute shall provide the secretarial and clerical services for advisory bodies.
CHAPTER IV
FINANCIAL MANAGEMENT
§9.
1. The Institute conducts autonomous financial management in accordance with the Act on organizing and conducting cultural activity.
2. The revenues of the Institute include:
1) funds provided by the Minister as:
a) earmarked subsidy providing financial support for day-to-day operations within the scope of objectives specified in the Articles of Association, including maintenance and repairs of facilities;
b) specific grants for financing or providing financial support for the costs of carrying out investments;
c) specific grants for carrying out specific tasks and programs;
2) revenues from carrying out tasks to the benefit of state organizations, local government units as well as other institutions and organizations;
3) funds from local and foreign subsidies including EU subsidies;
4) funds from succession, legacy and donations in the form of cash from natural persons and legal persons;
5) property income, in particular, income from lease and tenancy and other contracts of a similar character;
6) interests on bank loans;
7) income from selling assets, possessions and rights and income from providing services.
3. The Director of the Institute shall provide for the annual financial statements to be prepared in a timely manner, undergo an obligatory review by an expert auditor and be submitted for the Minister’s approval.
§10.
1. The Director of the Institute shall perform acts in law on behalf of the Institute including making representations with respect to their property rights and obligations.
2. The Director of the Institute may grant the power of attorney in writing to deputy director, chief accountant or other person specifying the scope and means of representation.
CHAPTER V
BUSINESS ACTIVITY OF THE INSTITUTE
§11.
1. As an additional activity, the Institute is entitled to conduct business activity in accordance with binding regulations and in line with the objectives specified in the Articles of Association.
2. The activity set forth in section 1 shall be conducted within the scope of:
1) producing and selling books and publications;
2) producing and selling music publications;
3) producing and selling films and documentaries;
4) organising artistic and cultural events (including festivals, concerts, exhibitions and conferences);
5) organising workshops;
6) organising study tours;
7) promotional and advertising activities;
8) leasing real estate and premises.
3. Income from additional business activity shall be used exclusively for the purposes of accomplishing objectives and tasks set forth in the Articles of Association of the Institute.
CHAPTER VI
FINAL PROVISION
§12.
Any amendments to these Articles of Association shall be made in accordance with the manner of their establishment.