Founding Charter

Foundation founding charter

1. General information:

1.1 Name of the foundation: “CSILLAGFÉNY” Non-profit foundation for helping the life of the underprivileged children
1.2 Shortened name of the foundation: Csillagfény Alapítvány
1.3 Name of the foundation in a foreign language: Starlight Foundation
1.4 Head office of the foundation: 9023. Győr, Kodály Z. u. 13. VI/16.
1.5 Name of the founder: Kusnyár Tamás
1.6 Address of the founder: 2660. Balassagyarmat, Honti u. 65.

The person in charge to deal with the task of the founder, appointed by the former founder: Metzger Mária

Address of the appointed person: 1131. Budapest, Gyöngyösi út 47. fsz. 2.

Location and mailing address: 9027. Győr, Stadion u. 15. fsz. 3.

2. The aim of the foundation:

Helping the circumstances of the underprivileged children, by organizing programs to help their physical, mental and spiritual development, and occasionally by gifts.

3. Way of operation of the foundation:

The activity of the foundation is done in Hungary.

The service provided by the foundation can be shared with any underprivileged child.
The foundation organizes festival, programs and camps for the underprivileged children. The foundation announces the services on its own website, via press and through personal contacts.

4. Legal status of the foundation:

4.1.The foundation is non-profit, to realize its goal the material sources comes from the property provided by the founder as well as from donations, also the interests of this property and occasionally the benefits of the enterprise.

4.2.The foundation, in accordance with the founding charter, to reach its goals does and supports non-profit activities, based on the following laws:

 

* CXC law of the year 2011, on the national education 94.§(4) b),1.§(2)

* 110/2012.(VI.4.) Government Regulation about announcing, implementing and using the National Core Curriculum Attachment 1.2.1. Extra regulations on the tasks and institutions of the public educational system

* 1993. III. Law 64.§.

* 1997. XXXI. Law on the protection of the children and the guardianship administration 1.§(1),6.§(2a)

* 1997. CLIV. Law on the health care 35§., 37§., 42§.

Based on the above mentioned regulations, the foundation supports the public goals with the following activities:

-          cultural activity (e.g. local mass communication, artistic activity, preservation of cultural assets, folk art, preserving traditions, supporting the culture of minorities)

-          education, skill development, dissemination of knowledge

-          protection of children and youth

-          operating a playground, organizing programs in connection with the playground

-          preservation of health, prevention of illness, helping the social equal opportunities for healing, rehabilitating and underprivileged groups

-          social activities (e.g. family protection, supporting the ones with bad health, supporting the elderly)

-          international activity (e.g. international cultural, friendly and exchange relations)

-          organization of donations

-          helping the big families

-          talent management

-          publication of books

-          organization of community

-          supporting the integration of Romany

-          library

-          taking care of artistic collections

-          dance education

-          community garden

-          helping the homeless families

-          supporting the refugees with donations and programs

-          supporting the disabled

-          donation shop

-          sport activities

-          transfer for the disabled

-          helping victims

-          organizing auctions

4.3. The foundation operated its enterprise only for the sake of accomplishing the non-profit goals, it doesn’t endanger those.

4.4. The foundation uses the results of this enterprise solely for the goals indicated in this charter. It doesn’t have any investments.

4.5. The foundation doesn’t do directly any political activities, the organization is independent from any parties, and doesn’t support any of them.

 

5. Financial regulations:

5.1 The property of the foundation is composed of 4:

    • contribution of the founder,

    • donations for the,

    • interests of the property,

    • occasionally the results of the enterprise operated by the foundation.

5.2 The amount of the founder’s contribution is 50.000 HUF, that is fifty thousand Hungarian Forints, this amount was already paid to the bank account of the foundation before the court registration. (Until the registration, the amount is held on a deposit account managed by the bank institution.)

5.3 The property and its interests can all be used for the purposes of the foundation.

5.4 The annual report of the foundation is approved by the Kuratórium according to the points written in 8.7 and the president of the Kuratórium signs it.

5.5 A non-profit organization is obliged to prepare a public benefit attachment along with the approval, which has to be deposited and announced the same way as the report. The annual report and its public benefit attachment can be seen by anybody, and on its own costs, he or she can copy it as well at a time and in a way confirmed by the president of the Kuratórium.

5.6 The opportunities offered by the foundation has to be announced by oral information from the website, advertisement in the local press, etc.

6. The foundation is open, domestic and foreign natural and legal persons, economical companies without legal individuality can join. The condition of the joining is donation for the foundation. The minimal and maximal amount (value) of the donation cannot be limited by the founder.

7. Account management: Management institution of the foundation: ERSTE Bank Hungary NYRT Westend Fiók 1062. Budapest, Váci út 1-3. Account number: 11600006-00000000-27615188

8. The composition of the foundation:

8.1 The decision-making and governing body is the Kuratórium (Board of Trustees), which is composed by one president and two members.

8.2 The members of the Kuratórium are appointed by the founder for a five year period starting the date of founding. After the five year passes, the same members can be appointed again.

8.3 The members of the Kuratórium work according to their title as social work, they do not get any financial reward.

8.4 The Kuratórium makes decision in every questions and also has the power to use the account of the foundation.

The approval of the non-profit report is exclusively within the Kuratórium’s competence.

8.5 The Kuratórium has its meeting at least once a year.

The meeting is organized by the president, he or she has to send the letter or e-mail invitations within 2 days before the meeting. Invitation via phone call is possible as well, if the following are all told.

The invitation includes:
- the venue and date of the meeting,
- the schedule of the meeting,
- in case of no quorum, the venue and date of a second meeting.

8.6 The meetings are public.

8.7 If the two-thirds of the members of the Kuratórium are present, the meeting is quorum. The decrees are decided by simple word majority. At the time of decision making, all members have one equal vote. If there are equal number votes for different opinions, the vote of the president is decisive.

8.8 The members of the Kuratórium:

Name of the president: Metzger Mária
Mother’s name: Szigeti Mária
Address: 9027. Győr, Stadion u. 15. fsz. 3.

Name of the member: Boldizsár Krisztina
Mother’s name: Miklós Mária
Address: 9023. Győr, Kodály Z. u. 13. VI/16.

Name of the member: Ézsiás Róbert
Mother’s name: Somogyi Eleonóra
Address: 3170. Szécsény, Szántó-Kovács János út 42.

8.9 Operating rules of the Kuratórium.

The session of the Kuratórium approves the annual report of the non-profit organization and gives information to the founder.

The president of the Kuratórium prepares a register about the sessions, which reflects the contents, date and extent of the decisions, also the number ratio (and person) of votes for and against it.

The decisions made by the Kuratórium have to be seen at the head office and also sent in a written from to whom it may concern. The decision on those who ask for support from the foundation has to be included as well. 

The written forms about the operation of the foundation can be freely seen by anybody, except the cases when it would violate privacy rights or data protection.

The intention to look into the documents has to be sent in a written form to the president of the Kuratórium. The Kuratórium makes a decision on allowing or refusing, and then the president in a written form (letter or e-mail) sends the information to the person concerned about the decision, the possible date and venue. The Kuratórium can refuse only in that case if it would violate an other person’s privacy rights or data protection.

The Kuratórium present a public announcement at least once a year, or when it seems necessary about the operation, the way of using its services and its reports, according to the following: own website, internet magazine, and local media.

8.10 Conflict of interest rules

The officials, and the members of the members of the Supervisory Board cannot be close relatives. A person cannot participate at the decision making of the leading body and the session of the Kuratórium, if he or she, or a close relative or life partner

-          is exempt from obligation or liability, or

-          receives other advantages, and is interested in a transaction to be concluded. In the benefit framework of the foundation, a non-financial service which can be used by anybody without limitations, and the benefit for a specific purpose provided to a member of the social organization according to his or her membership based on the founding charter is not considered as advantage.

A person cannot be a member or a president of the Audit Committee or an auditor if

-          he or she is a president or a member of the main or leading body (those who cannot have an official title are not included here),

-          he or she is in employment of the non-profit organization for the purpose of other activity or is in an other legal relationship for the purpose of work, until the legislation defines otherwise,

-          he or she gets benefit from the non-profit organization – except a non-financial service which can be used by anybody without limitations, and the benefit for a specific purpose provided to a member of the social organization according to his or her membership based on the founding charter,

-          he or she is a close relative to the above mentioned people.

After the cessation of the non-profit organization, a person cannot have a leading official title in an other non-profit organization for 3 years, if he or she had a leading official role title within 2 years before the termination at least for one year long at an organization, which

a)      terminated without a legal successor and it didn’t pay all the debts for the national taxation office,

b)      has huge tax defaults revealed by the national taxation office,

c)      was closed by the business closure measure of the taxation office or a fine was imposed instead of business closure measure,

d)     had its tax number eliminated by the national taxation office according to the Act on Taxation.

The leading official or an appointed person is obliged to give information to all the concerned non-profit organizations in advanced that he or she has this title at the same time in an other organization as well.

8.11 If the profit of the foundation is more than fifty million in one year, the Kuratórium creates a Supervisory Board separately with three members according to the 2011. CLXXV. law on the right of association, public benefit legal status, operation and support of non-governmental organizations. The members of the Supervisory Board are appointed by the founder, for 5 years period. After the 5 year passes, these members can be appointed again.

The members and the president of the Kuratórium, and those who are in employment of the non-profit organization for the purpose of other activity or is in an other legal relationship for the purpose of work, or get benefit from the non-profit organizaton – except a non-financial service which can be used by anybody without limitations, and the benefit for a specific purpose provided to a member of the social organization according to his or her membership based on the founding charter or is a relative to anyone mentioned above, cannot be the president nor the member of the Supervisory Board.

9. Representatives of the foundation:

The representative of the foundation is the president of the Kuratórium, who represents the foundation in front of authorities, and other legal or natural persons. He or she has signing right for the foundation. The representation of the foundation:

1.)  - name: Metzger Mária
       - mother’s name: Szigeti Mária
       - address: 9027. Győr, Stadion u. 15. fsz. 3.

       - way of practicing the right: independent

      - extent of the practice of representative right: general 

2.) - name: Boldizsár Krisztina

     - mother’s name: Miklós Mária

     - address: 9023 Győr, Kodály Z. u. 13. VI/16.

     - extent of the practice of representative right

     - extent of the practice of representative right: special,  subject: practicing the employer's right above the president of the Kuratórium.

10. Termination of the foundation:

The foundation, based on its nature, was founded for indefinite term.

If the foundation terminates according to the 2013. V. law, the possessed property has to be used up for the original purpose.

11. Closing measures

The questions not defined in this founding charter has to be dealt in accordance with the Civil Code and the law on the right of association, public benefit legal status, operation and support of non-governmental organizations.

Clause

The text of the Founding Charter with its modifications is in compliance with the content defined by decision on modification on the 2 February 2016, created by the person who has the founder rights.

Győr, 22 July, 2017.

                                                                            Metzger Mária

                                                                            Person appointed to practice the founder rights

“The unified text of the founding charter’s is in compliance with the content according to the Founding Charter’s modifications.”

Győr, 22 July, 2017.

                                                                            Metzger Mária

                                                                            Person appointed to practice the founder rights