The Fryderyk Chopin Institute The Fryderyk Chopin Institute

Statute Statute

Attachment
To the Regulation
of the Minister of Culture
and National Heritage
dated 16 February 2017 (item 6)

 

THE STATUTE OF THE FRYDERYK CHOPIN INSTITUTE

Chapter 1
General Provisions

§ 1. The Fryderyk Chopin Institute, hereinafter referred to as the "Institute", is a state culture institution acting in particular under:

1) the Act of 3 February 2001 on the protection of the heritage of Fryderyk Chopin (Journal of Laws Item 168), hereinafter referred to as the ‘Act’;

2) the Act of 25 October 1991 on Organising and Conducting Cultural Activities (Journal of Laws of 2012, Item 406 as amended1), hereinafter referred to as the ‘Act on Organising and Conducting Cultural Activities’;

3) the Act of 21 November 1996 on Museums (Journal of Laws of 2012, item 987 as amended2);

4) the Act of 27 June 1997 on Libraries (Journal of Laws of 2012, items 642 and 908, of 2013 item 829, and of 2017 item 60);

5) this Statute.

§ 2. 1. The Institute is seated in the Capital City of Warsaw and the area of its operation is the territory of the Republic of Poland.   

2. The Institute may engage in activities outside of the Republic of Poland.

3. The Institute may establish subsidiaries, centres, and specialised departments upon obtaining the consent of the Minister competent for culture and the protection of national heritage, hereinafter referred to as the ‘Minister.’

§ 3. The Institute shall be supervised by the Minister.

§ 4. The Institute is entered in the Cultural Register kept by the Minister under the registry no. 51/2001 and has a legal personality.

Chapter 2
Tasks of the Institute

§ 5. 1. The tasks of the Institute are set out in Article 5 of the Act.

2. The tasks of the Institute are carried out by:

1) cultivating and protecting the heritage of Fryderyk Chopin - a person constituting a symbol of achievements of European culture worldwide;

2) ensuring a permanent presence of Fryderyk Chopin's music and the cultural context thereof, in the cultural life of the country, among others facilitating access for Polish and international audiences to the most prominent concert creations by, among others, organising the annual Chopin and His Europe festival;

3) organising international and national music competitions, in particular the International Chopin Piano Competition in Warsaw;

4) implementing the programme of record, musical notation, book, and multimedia publishing, including internet and mobile applications, guaranteeing the preservation of and access to Fryderyk Chopin’s creative heritage and its music content in the form of the most prominent renditions, as well as , popularising, and educational studies;

5) aiding the best young musicians in the development of international concert activities;

6) promoting Chopin-related research issues and related issues in order to stimulate the interests of young academics;

7) implementing the general education musical curriculum;

8) operating the Fryderyk Chopin Museum as a unit with an extensive research, exhibition, educational, and publication programme as well as conducting international promotional activities;

9) operating a research library comprising of book, musical notation, iconographic, film, and multimedia publications related to the person and work of Fryderyk Chopin, their reception and the cultural context, the collection of which shall partly constitute a national library resource;

10) acquiring items to be included in the Fryderyk Chopin Museum and Library collections, in particular museum items constituting the composer’s direct heritage, i.e. his musical manuscripts, correspondence, notes, and other items directly or indirectly related to his works, person, heritage, epoch, and reception of both his works and himself as a person, as well as acquiring contemporary manifestations of creative activity directly or indirectly connected to Fryderyk Chopin’s works, person, and epoch;

11) embarking on attempts at regulating ownership issues related to museum collections and historical objects related to Fryderyk Chopin;

12) participating in revitalisation of endangered historical objects connected to Fryderyk Chopin on the territory of the entire country, as well as adapting them for cultural purposes;

13) initiating and conducting research projects, carrying out analyses serving the purpose of forecasting the directions of development of the area subject to the scope of the Institute’s activities;

14) integrating the circles involved in the protection of Fryderyk Chopin’s heritage, among others providing them with infrastructure, archival materials, museum items, and the current information centre;

15) supporting and promoting cultural activities, in particular music-related, which constitute a testament to the contemporary reinterpretation of Fryderyk Chopin’s creative activities and its reception;

16) drawing up annual reports on the area of the Institute’s activity and submitting them to the Minister.

Chapter 3
Organisation and Management

§ 6. The authorities of the Institute are: the Director and the Programme Board of the Institute, hereinafter referred to as the "Board".

§7. 1. The Institute is headed by its Director, who is appointed and dismissed by the Minister in the mode set out in the Act on Conducting and Organising Cultural Activities.

2. The Director manages the Institute's affairs and represents the Institute externally.

3. The scope of duties of the Director comprises the Institute’s statutory tasks, and in particular:

1) responsibility for day-to-day operation of the Institute;

2) performing of rights stipulated for the entity which established the museum and library specified in separate provisions;

3) preparing the Institute’s annual and long-term operational and financial plans for each calendar year;

4) preparing and publishing content-related reports and financial statements for each calendar year;

5) supervising the property as well as reasonable and effective management of financial funds and property possessed;

4. The Director shall manage the Institute assisted by two deputies.

5. The Deputies shall be appointed and dismissed by the Director upon obtaining the consent of the Minister.

6. The detailed organisational structure of the Institute shall be determined by the organisational by-laws granted by the Director under Article 13 section 3 of the Act on Organising and Conducting Cultural Activities.

7. Changes to the organisational by-laws shall be made in the mode prescribed for the granting thereof.

§ 8. The Fryderyk Chopin Museum and Library operate within the organisational structure of the Institute.

§ 9. 1. The Institute is an employer within the meaning of the provisions of the Labour Code Act of 26 June 1974 (Journal of Laws of 2016 items 1666, 2138, and 2255 and of 2017 item 60).

2. Acts in law arising towards employees from the Labour Code shall be performed by the Director with the reservation of section 3.

3. Acts in law arising towards the Director from the Labour Code in the scope of entering and terminating the employment relationship, granting awards, and punishments for infringing on employee duties shall be performed by the Minister.

§ 10.1. The Board shall be an advisory and consultative body of the Institute.

2. The Board shall be composed of 13 individuals representing cultural circles related to Fryderyk Chopin’s music, including representatives of the Minister.

3. The Members of the Board shall be appointed by the Minister, upon request of the Director, for a five-year term of office.

4. The first session of the Board shall be convened by the Director.

5. The members of the Board select the Chairman and his deputies from among its members.

6. The membership in the Board shall expire during its term of office in the event of:

1) resignation from the membership;

2) illness permanently preventing performance of duties;

3) violation of provisions of law, including regulations of this statute, in connection with the position held;

4) death.

7. If the membership in the Board expires, the Minister shall appoint Board members pursuant to the provisions of section 2.

8. The members of the Board shall receive no remuneration for the participation in the works of the Board.

9. The costs of operation of and services for the Board shall be borne by the Institute.

10. The employees of the Institute may not be members of the Board.

§ 11. The tasks of the Board shall include:

1) giving opinions on annual and long-term programmes and plans of the Institute and financial plans for each calendar year and assessing the implementation thereof;

2) analysis of conditions and tasks facing the popularisation and protection of the heritage of Fryderyk Chopin and Polish music;

3) searching for new forms of organisational, conceptual and financial support for the activities of the Institute;

4) expressing opinions and submitting requests to the Minister in all material issues connected with the activities of the Institute.

5) expressing opinions and submitting requests to the Director in all material issues connected with the activities of the Institute.

§ 12.1.  The Board shall meet as the need arises, however, not less frequently than twice a year.

2. Meetings of the Board shall be convened by its Chairman.

3. The Director or other persons invited by the Chairman of the Board may participate in the meetings of the Board, without voting rights.

4. Extraordinary meetings may be convened upon the request of:

1) the Minister;

2) at least half of the total number of the Board members;

3) the Director.

5. The meetings of the Board shall be recorded in the form of minutes, and the documentation of the meetings shall be kept in the Institute.

6. The detailed procedure of the Board's activities shall be determined in the rules and regulations adopted thereby.

Chapter 4
Assets and Financial Management

§ 13.1. The Institute shall manage its finances according to the rules set out in the Act on Organising and Conducting Cultural Activities.

2. The basis for the financial management of the Institute shall be the annual financial plan defined by the Director with the preservation of the subsidy of the Minister.

§ 14.  The Institute may engage in, as an extra activity, activities conducted against remuneration according to the principles set out in the applicable provisions insofar as this activity does not limit implementation of the Institute’s statutory tasks set out in § 5, in the scope of:

1) introducing into circulation and sale of publications, souvenirs, musical gadgets, and stationery;
2) expert and consulting services;
3) organising commissioned concerts;
4) services related to publishing, phonographic, film, and photographic activities and tourist traffic services;
5) services related to providing access to computer, Internet, and mobile applications;
6) copyright transactions.

§ 15.1. The sources of financing of the Institute shall be proceeds from the conducted activities, including sales of the movables, lease and tenancy of asset components, specified-user subsidies and designated subsidies from the state budget or a local government unit, funds received from natural and legal persons, as well as from other sources.

2. Revenues of the Institute may also include proceeds from extra activities.

3. The Institute may not sell or pledge museum or library collections and shares in real estate connected with Fryderyk Chopin.

4. The Director of the Institute shall ensure preparation of the annual financial statements on the due date, its mandatory examination by an expert auditor and submission thereof for the Minister's approval.

§ 16. The Institute shall allocate the proceeds obtained to cover the costs of its statutory activities and obligations.

§ 17.1. The Director shall be authorised to perform acts in law on behalf of the Institute, including the making of declarations of intent in terms of its rights and liabilities as to the property.

2. The Director may appoint attorneys to perform selected acts [in law] on behalf of the Institute, each time specifying their scope of the powers of attorney.

3. Granting or revoking a power of attorney shall be disclosed in the Cultural Register kept by the Minister, barring powers of attorney ad litem.

Chapter 5
Final Provision

§ 18. Amendments to the Statute shall be made in the manner applicable to the granting thereof.

[1] Amendments to the uniform text of the aforementioned Act were announced in the Journal of Laws of 2014, item 423, of 2015 items 337 and 1505, and of 2016 item 1020.

[2] Amendments to the uniform text of the aforementioned Act were announced in the Journal of Laws of 2015 item 1505, of 2016 items 352, 749, 868, and 1330, and of 2017 items 60 and 132.


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