STATUTE OF THE ESTEKA Association
unified text gathered from the General Meeting of
the Association members on October 23 2011
1. The ESTEKA Association gathers, by way of willful participation, natural persons, legal persons, and organizations without legal personality, which meet the requirements outlined in this statute.
2. The ESTEKA Association functions on the basis of the Association Act of April 7 1989 ((Dz. U. 2001 nr 79, poz. 855), this statute, and the Public Benefit and Voluntary Service Act of April 24 2003 (Dz.U. Nr 234, poz. 1536 ze zm.).
3. The Association, further referred to as “the Association”, bears the name “ESTEKA”.
1. The Association bears legal personality.
2. The seat of the Association is located in the city of Tarnobrzeg.
3. The Association works on the territory of the Republic of Poland and beyond its borders, as limited by law.
4. The Association is being founded indefinitely.
5. The Association, in order to fulfill its statute aims, may create additional organizations within the confines of law. Organizational units of the Association may bear names established by the Association's Management.
1. The Association uses a round seal with an emblem, name, and the location of the seat, as well as a rectangular stamp with the name and address of the Association, in accordance with the current laws.
2. The Association may own uniforms, badges and membership identification documents, outlined by the appropriate authorities of the Association in accordance with the current laws.
3. The Association bases its activity on the voluntary work of its members.
4. To conduct its business, the Association may hire employees. In the event of the hiring of employees, the president of the Association, the Management of the Association, or other, outlined by the authority managing the Association, person, manage activities concerning employment legislation.
The Association cooperates with national, extranational and international organizations and institutions of the same or similar profile of work, and can be a fully autonomous member of those organizations if the membership therein does not violate international agreements in which the Republic of Poland is a contracting party.
Aims and modes of activity
1. The aim of the Association is to:
· Cultivate, popularize, and ensure the continuity of the traditions, arms, and regalia of the 14th Jazłowieccy Ulans regiment, as well as of the Polish cavalry;
· Create the Tranobrzeg cavalry squadron, bearing the colors of the 14th Jazłowieccy Ulans, serving as a mounted representational unit of the city of Tarnobrzeg;
· Create an atmosphere of trust and respect for Polish history, uniform, military tradition, and an upbringing environment of love for the country and of care for the nation and its people;
· Compose, write down, and propagate the history of the city and region of Tarnobrzeg;
· Organize an officially-registered in the Polish Horseback Riding Association (Polski Związek Jeździecki) horseback riding club with its name and regalia basing on the history and tradition of the 14th Jazłowieccy Ulans regiment, creating an opportunity for young people to practice professional horseback riding and ensuring a proper physical education regimen;
· Create an environment for versatile intellectual, emotional, social, spiritual, and physical development;
· Allow unbounded personal development, with respect to laws of personal freedom and dignity, including freedom from all substance dependencies, and to create an atmosphere facilitating self-development through creating and carrying out various projects;
· Propagate and strengthen the qualities fundamental for civil obligations: freedom, truth, honor, justice, democracy, equality, the right to self-government, tolerance, friendship, and the propagation and protection of the rights of women through active participation in gender equality initiatives;
· Propagate the knowledge of nature, oppose its destruction by civilization, and foster a need for contact with nature in a non-urban context;
· Support the development of a civil society and work towards a free access to information necessary for its creation;
· Provide versatile support for non-government organizations;
· Facilitate the support initiatives organized by citizens for groups such as: disabled people, seniors, homeless people, unemployed people, children, women, and other social groups requiring said support; equalize the chances of those groups and realize social support projects;
· Develop and propagate initiatives, stances and activities fostering the growth of children and teenagers – organizing an environment for teenagers;
· Organize and support beneficial activities, social and humanitarian support; manage charity work;
· Manage the rehabilitation, revalidation, and resocialization of children and disabled people;
· Organize a center for recreation and physical rehabilitation in the form of hipotherapy, ensuring a return to health and proper rehabilitation for sick and needing people.
· Propagate horseback riding, equitation, sailing, and other sports, physical culture, healthy lifestyles, and through these activities, helping to fight drug addiction, alcoholism, and other social pathologies.
· Acquire a stable seat of the Association, fully meeting the needs required for the realization of the statute goals, as well as all the material goods necessary for ensuring the Association's proper functioning.
· Create a widely-understood didactic-educational process aimed towards working with children from endangered and pathological environments, with emphasis on creating positive stances and beliefs.
· Promote and organize volunteer work initiatives in support of European integration and developing contacts and international cooperation.
· Acquire funds in order to help the victims of natural disasters, armed conflicts, and wars both within the Republic of Poland as well as abroad, and organize lifesaving initiatives.
· Work in support of national minorities, popularizing and protecting the rights and civil freedoms of people, as well as initiatives fostering the growth of democracy.
· Initiate and manage tutoring activities and promote the employment and activation of unemployed people and people in risk of unemployment.
· Initiate activities fostering the development of local communities and societies, science, education, tourism and recreation, as well as culture, art, and the protection of cultural heritage and tradition.
· Support the economic growth in the region, including the development of industry; propagate and protect consumer laws.
· Organize and manage a general non-professional and informal educational initiative for adults in the region and in the whole country.
1. The Association is realizing all its goals using means compliant with the laws of the Republic of Poland, especially in the fields pertaining to: culture, education, non-professional, informal, and non-profit education of adults, ecology, environment protection, defense, humanitarian help, physical education, human rights, health, regional and local development, and public security, through:
· Public appearances in circumstances within the Association's interests;
· Voicing the Association's opinions on the matters concerning children and teenagers, initiating preventive programs;
· Organizing natural environment protection, interests and specialties-developing, cultural, physical education, and sport initiatives.
· Representing the professional and material interests of the Association's members;
· Managing international activity, including working towards European integration;
· Exchanging of experiences with other similar national and foreign organizations;
· The introduction of a publishing, informational, promotional, and educational/didactic enterprise;
· Conducting scientific and research activities;
· Creating and managing databases thematically related with the statute aims;
· The cooperation and support of non-government organizations and other entities in the process of European integration and international cooperation;
· Promoting, propagating, and providing access to modern media and technology.
· The designing and publishing of informational/legal materials;
· The cooperation with local and national governments, educational facilities, the Ministry of National Defense, the Polish Armed Forces, the Catholic Church, as well as other churches and religious institutions, the economic sector, and the mass media;
· Giving support, including financial support, to initiatives and non-government organizations, as well as physical persons, engaging in activities constituting the aims of the Association;
· Organizing and managing all forms of recreation (tourist trips as well as local activities) for children and teenagers, with the aim of promoting equitation, sport, and a creation of a healthy lifestyle, free of substance abuse;
· Fostering tradition and national heritage, the creation of patriotic stances, managing contacts with children and teenagers of Polish descent living abroad;
· Raising the level of knowledge and practical horseback riding skills of the Association's members through courses and training workshops and teaching melee weapon skills in order to enhance public performances;
· Organizing and taking part in national holiday celebrations and other patriotic or cavalry-related celebrations;
· Organizing races and other events aiming to commemorate landmarks and traditions of the 14th Jazłowieccy Ulans regiment, as well as of the Polish cavalry;
· Organizing the National Military Contest and the 14th Jazłowieccy Ulans regiment Days in Tarnobrzeg in cooperation with national, local, and church authorities;
· Working towards the improvement of national defense and common security;
· Organizing environmentally friendly equine tourism;
· Organizing tourist, scientific, cultural, popular-science, and social events;
· The creation and Management of educational/didactic, scientific and research centers and facilities, schools, preschools, day cares, and various opportunities for activity outside of school;
· Providing material and legal help for the Association's members;
· Gathering funds;
· Organizing, managing, and overseeing a general non-professional and informal educational activity aimed at adults in the region as well as on a national level;
· Managing recreational and rehabilitation activity, hipotherapy, and all other medial activities;
· Managing interdisciplinary activities aimed at supporting senior citizens in the following areas: health, infrastructure, social services, a support system, image building, fostering activity, providing easier access to healthcare, support for elderly people living alone, and those unable to live independently, providing social benefits, monitoring of needs.
The Association does not conduct economic activity.
1. The Association does not make statements pertaining to ideology and religion.
2. The Association does not represent or propagate the stance of any political entity, nor does it make any political statements, unless making such statements is required to realize the statute aims.
3. The Association is ideologically and organizationally independent from political parties, movements, and organizations.
The members of the Association, their rights and duties.
1. The members of the Association are separated into:
a.. Ordinary members;
b.. Supporting members;
c.. Honorary members.
2. The Association permits both physical persons and legal persons to be its members.
3. Legal persons work within the Association through their representatives.
4. Legal persons may only be supporting members of the Association.
1. Physical persons having full ability to conduct legal actions, being Polish citizens or foreigners, who support the aims of the Association and the means of realizing thereof, and do so via a signed declaration of membership can become members of the Association.
2. The Association's Management is responsible for hiring new members. It does so via an agreement made within two months from receiving a declaration including a recommendation by two ordinary members. The Association's Management can refuse to grant membership without stating any reason.
3. In the event of a refusal of an application, the person in question can, within the span of one month from receiving said refusal, present the Management with an appeal to the General Meeting. The General Meeting reviews the appeal during the next gathering. The decision of the General Meeting is final.
4. The members of the Association are:
a) Forbidden from giving loans to or using the Association's funds or property to secure their agreements with other members of the Association, the members of organs or workers and persons with which workers are tied through marriage, any familial relations, or persons hereby referred to as “close acquaintances”;
b) Forbidden from granting wealth owned by the Association to its members, members of organs or workers, as well as close acquaintances, in accordance with rules other than those in respect to third parties, especially if payment does not follow the transfer of wealth or if the transfer is made on preferential grounds;
c) Forbidden from utilizing the wealth owned by the Association on the Association's members, members of organs or workers, and their close acquaintances, in accordance with rules other than those in respect to third parties, unless such utilization stems directly from the Association's statute aims;
d) Forbidden from buying wares or services on special grounds from entities, in which members of the Association, members of its organs, its workers, or their close acquaintances are employed.
1. An ordinary member is permitted to:
a) Choose and be chosen as a member of the Management – use active and passive election laws to their full extent;
b) Take part and have a decisive voice in the General Meeting;
c) Propose motions and postulates pertaining to the Association's activities;
d) Use the help and resources of the Association in activities undertaken in compliance with the Association's statute aims and with rules established by the Association's Management;
e) Take part in activities, meetings, and other undertakings of the Association, with the right to voice his or her opinions;
f) Voice his or her complaints pertaining the decisions of the Management relating to membership issues;
g) Be chosen by the Association's Management to represent it during official gatherings.
h) Carry an Association identification document and wear the Association's regalia and uniform in compliance with current laws;
i) Speak on the behalf of the Association to a degree outlined in the statute or other regulations issued by the organs of the Association outlined in the statute.
2. An ordinary member is obliged to:
a) Obey the rules outlined in the statute;
b) Accept the decisions concerning the Association made by the authorities outlined in the statute;
c) Pay membership fees and other payments established through a decision of the Association's authorities;
d) Follow the rules of the Association member's ethics;
e) Actively participate in the realization of the Association's statute aims;
f) Protect the property of the Association.
1. Physical or legal persons interested in the Association's activity and accepting the its aims, who declare a willingness to help and are accepted by the Association's Management on the basis of a written declaration may become supporting members.
2. A supporting member may take part in the Association's activities and have a right to voice a helping statement therein, as well as propose to the Association's Management motions and postulates concerning the Association's activities.
3. A supporting member is obliged to follow the rules outlined in the signed declaration.
1. A physical person who has gained considerable esteem by helping the Association to realize its statute aims may become a honorary member.
2. The title of honorary member is given by the General Meeting on the basis of the Association Management's motion.
3. A honorary member does not have a passive nor active voting right. A honorary member may however be part of the Association's authorities outlined in the statute with a right to voice a helping statement therein. With the following exception a honorary member has the same rights as an ordinary member.
4. A honorary member is excluded from paying membership fees.
1. Membership in the Association ceases as a result of:
a) A willful resignation from being a member of the Association, submitted to the Association's Management in writing, following the regulating of all obligations to the Association;
b) Death of a member or a supporting member's loss of legal personality;
c) A decision of the Association's Management as a result of the failure to pay membership fees or an unaccounted-for absence in the General Meeting for a period of two years;
d) An expulsion via the Association Management's decision as a result of the failure to follow the statute's resolutions, the Association's rules or the Association authorities' decisions, or working against the Association.
2. A person expelled or stripped of the member status has the right to appeal to the General Meeting in a period of 14 days from the date on which a written decision of the cessation of membership has been received. The General Meeting reviews the appeal during the next gathering. The decision of the General Meeting is final.
The Association's authorities
1. The Association's authorities consist of:
a. The General Meeting of the Association's members, hereby referred to as „the General Meeting”;
b. The Association's Management, hereby referred to as “the Management”;
c. The Revision Commission.
1. The Association's authorities are elected by way of a secret voting of over the half of the general number of the Association's members. If this requirement is not met, pt.2 outlines the appropriate procedure.
2. In the event of the lack of a quorum the Management decides on a second date, no later than in 20 days from the date of the first gathering, on which the General Meeting is to gather again. In such an event decisions are agreed upon by an ordinary majority of votes, without regard for the number of members present. The above regulation does not apply to the decisions outlined in Paragraph 32., pts.1 and 2.
3. The regulation outlined above applies to all decisions of the General Meeting.
In the event of a reduction in number of the Association's admitted authorities' members during their term, these authorities have the right to co-opt authorities' members from among the Association's members, providing that the number of authorities' members co-opted in this way does not surpass 2/5, and in the case of the Revision Commission, 1/3, of regularly admitted members. Otherwise the Management calls the General Meeting in order to conduct supplemental elections.
The General Meeting of the Association's members
1. The General Meeting of the Association's members is the highest authority of the Association.
2. The General Meeting of the Association's members may have the status of:
3. An ordinary General Meeting is called by the Management annually for reporting purposes and every three years for reporting and election purposes. The Management is obliged to inform the Association's members in writing about the General Meeting's date, place, and the suggested agenda, at least 14 days before the date of the General Meeting.
4. The General Meeting of the Association's members proceeds according to a self-decided-upon agenda.
5. An extraordinary General Meeting is called by the Management:
a. Out of its own volition;
b. On the behalf of the Revision Commission;
c. On the basis of a written motion of at least 1/3 of the general number of the Association's ordinary members.
6. An extraordinary General Meeting should be called within the month of presenting the motion and matters which were the cause of its calling should be discussed.
7. The decisions of the extraordinary General Meeting are voted by an ordinary majority of votes in an open election attended by over a half of the general number of the Association's ordinary members (in accordance with Paragraph 16., pt. 2 and 3).
8. The General Meeting is presided over by the General Meeting's chairman, elected for the duration of a single meeting by way of an absolute majority of the present Association's members in an open election. The chairman may not be a member of the Management nor the Revision Commission.
9. In the event of an equal distribution of votes during an election, the voice of the General Meeting's chairman is decisive.
1. The duties of the General Meeting include especially:
a) Outlining the directions and the program of the Association's activities;
b) Accepting the statute and any changes to it;
c) Deciding on disbanding the Association and the following Management of its property;
d) Accepting the rules outlined by the Management and the Revision Commission;
e) Choosing and dismissing the president of the Management and the Revision Commission;
f) Deciding on giving the Management a certificate of completion;
g) Establishing the cost of membership fees;
h) Reviewing the appeals to the Management's decisions;
i) Bestowing and stripping of the title of the Association's honorary member;
j) Appraising the activity of the Management and the Revision Commission;
k) Ruling on the decisions of the Association to create additional organizations.
The Association's Management
1. The Management consists of 3 to 5 persons, including the chairman chosen by the General Meeting. During the first meeting, the Management appoints from among themselves the treasurer, and it can also appoint the vice-chairman and the secretary.
2. The Management's term lasts 3 years.
3. The Management's resolutions are made by way of an ordinary majority of votes in an open election attended by over the half of the general number of eligible members (a quorum). In the event of an equal distribution of votes, the chairman's vote is decisive. Decisions can be made by way of a secret election, if agreed upon by the full Management staff.
4. The Management's meetings are called by the chairman or the vice-chairman.
1. The Association's Management voices its will in the form of resolutions. The resolutions of the Management are signed by the chairman, or a member of the membership substituting for the chairman.
2. The Management can entitle individual members of the Management, as well as other persons, to represent the Management, for example during contacts with other organizations, local and national governments, work contacts with business entities, the organizing of outlined processes or events. An enablement of this type requires a written form, under pain of being declared null and void.
3. The duties of the Management include:
a) Realizing the resolutions of the General Meeting and directing the overall activity of the Association in accordance with its statute aims;
b) Accepting plans of the Association's activities and preliminary budget estimates;
c) Being responsible for the Association's treasury;
d) Deciding on the rules of payment of the Association's workers;
e) Deciding on buying or selling estate or chattel;
f) Deciding on contracting obligations;
g) Calling the General Meeting;
h) Accepting resolutions pertaining to accepting and refusing ordinary and supporting members;
i) Ruling on arguments between members resulting from the Association's activities;
j) Reporting its activity during the General Meeting;
k) Accepting internal rules of the Association not reserved for other authorities;
l) In individual cases excluding members from paying membership fees;
m) Representing the Association externally and acting on its behalf;
n) Accepting the rules of the Association bureau's activity.
The Management works in accordance with its self-decided-upon rules accepted by the General Meeting.
1. The Management elects a bureau of the Association, together with its director, in order to realize its aims.
2. The director manages the bureau's workers in accordance with the rules accepted by the Management.
The Revision Commission
1. The Revision Commission is an organ of the Association created in order to supervise its activity.
2. The Revision Commission consists of three members who appoint from among themselves the chairman of the commission.
3. The Association Revision Commission's term lasts 3 years.
1. The duties of the commission revision include:
a) Controlling the general activity of the Association on an at least annual basis;
b) Proposing to the Management motions resulting from the carried out supervisions and demanding explanations;
c) The right to call the extraordinary General Meeting in the event of noticing a failure of the Management to perform its statute duties, as well as the right to call a meeting of the Management;
d) Calling the General Meeting in the event of the Management's failure to call it within the timespan outlined by the statute;
e) Proposing motions for granting (or refusal of granting) the vote of completion for the Management during the General Meeting;
f) Presenting reports of its activity during the General Meeting.
The resolutions of the Revision Commission are decided upon through an ordinary majority of votes during an open election attended by all members of the commission. The Revision Commission might vote on resolutions in a secret election if all the commission's members agree to do so.
1. Members of the Revision Commission may not occupy other positions in the Association's authorities.
2. Members of the Revision Commission may take part in the Management's meetings, with a right to make helping statements.
3. The Revision Commission works in accordance with self-decided-upon rules accepted by the General Meeting.
4. The Revision Commission has a right to demand written or spoken explanations of issues regarding the supervised functions from members and all ranks of authorities of the Association.
5. Members of the Revision Commission may not be members of any managing organ of the Association, nor be affiliated with them through familial ties or employer-employee relationships, cannot have been judged and tried for premeditated offenses and cannot receive payments for their occupied position. They can receive justified refunds to the effect of amounts outlined in currently valid laws.
Honorary titles and badges.
1. The Association may bestow the title of “Honorary member of the Association” on persons especially distinguished in their service to the Association or the fulfillment of the aims the Association has set for itself. Granting of the title operates in accordance with the rules established by the Management.
2. The title is granted by the General Meeting of members, which also outlines the rights and duties of the person honored in this way. The General Meeting may also strip a honorary member of his or her title.
1. The Association may also establish other honorary titles and badges to be bestowed upon persons especially distinguished in their service to the Association or the fulfillment of the aims the Association has set for itself.
2. The General Meeting of members decides on the mode and circumstances of granting and stripping of badges mentioned in pt. 1.
3. The Management may grant honorary diplomas and prizes to members of the Association and other persons especially active in working for the benefit of the Association.
The Association's treasury and financial policy
1. The sources of the Association's treasury are:
a) Membership fees;
b) Donations, inheritances, privately entrusted funds, public fundraisers;
c) Income from the Association's activity as outlined in the statute, income from the Association's self-organized activity, income from the Association's treasury, income from the capital (interest, capital investment, stock market shares);
d) Income from property and chattel owned or utilized by the Association;
e) Donations, grants, contracts, public funds, service commissions;
f) Income from economic activity conducted in accordance with separate laws;
g) Donations and other funds granted to the Association for carrying out tasks and initiatives ordered by the organs of national and local administration and economic entities.
2. Membership fees should be paid until the end of the first quarter every year. Newly admitted members pay fees in accordance with the rules outlined by the General Meeting in the timespan of four weeks from the date of receiving the notification of being admitted as a member of the Association. The cost of the membership fees is outlined by the General Meeting in form of a resolution.
Two members of the Association's Management, working in cooperation, are permitted to state the declarations of will in all cases, including the financial rights and duties of the Association, signing contracts and granting enablement on behalf of the Association.
Changing the statute and disbanding the Association
1. Confirming or changing the statute by the General Meeting of members requires the supermajority of 2/3 of all votes, with at least 2/3 of members eligible for voting being present.
2. The decision to disband the Association, made by the General Meeting of members, requires the supermajority of 2/3 of all votes, with at least 2/3 of members eligible for voting being present.
3. The motion to change the statute must be presented in writing, and the content of the suggested change must be stated in the message notifying of the General Meeting's gathering.
4. In the process of considering the resolution to disband the Association, the General Meeting appoints the liquidating commission which carries out the process of liquidating the Association. The General Meeting also appoints non-profit foundations and organizations with statute aims similar to the Cavalry Club Association [Stowarzyszenie Klub Kawaleryjski] which shall receive the Association's treasury after fulfilling its obligations.
Passing and final resolutions
Participants of the founding meeting become ordinary members of the Association from the moment of the Association being entered into the registry of Associations.
The Association Act becomes decisive in matters not regulated by this statute.
(-)The Management's Chairman – Janusz Szwed
(-) The Management's Vice-Chairman – Robert Kędziora
(-)Treasurer – Jarosław Piątkowski
Tarnobrzeg, October 23 2011