I. General principles
1. § 6 of the Foundation’s Statute describes the property statement
2. Assignments of the Board concerning financial management include:
a) gaining of the sources for the Foundation’s activity,
b) management of the Foundation’s property,
c) preparation of the drafts of the Foundation’s annual financial plans,
d) organization of the contests concerning the legal clinics’ financing, evaluation of the applications and the distribution of the sources.
II. Passing the budget
3. The annual financial plan of the foundation comprising the period from the 1st of January until the 31st of December, is submitted to the Council of the Foundation no later than October 30th of the year prior to the year related to in the financial plan. To pass the budget the Board of the Foundation convenes the Council’s session.
4. The Council of the Foundation adopts the foundation’s budget in time of the 30th of November of the year prior to the year related to in the financial plan. If the budget can not be adopted in due time, financial management of the foundation is carried on based on the financial plan introduced by the Board.
5. Annual financial plan of the Foundation includes:
a) On the income side:
a. all of the planned sources gained by the Foundation,
b. surplus from the previous years.
b) On the expenses’ side:
a. costs of the Foundation’s activity,
b. sources assigned for clinic’s financing,
c. required contribution to the guarantee fund.
6. The expenses of the Foundation can not exceed its income.
Usage of the guarantee fund
7. In case of the expected, particular decrease of the income (at the time of the financial plan’s drafting) or in case of the arisen loss (after the budget’s adoption), the Board passes a resolution to apply to the Council of the Foundation for the guarantee fund’s sources. At the same time the Board summons a special session of the Council. The resolution concerning the usage of the guarantee fund sources requires the approval of all the Board’s members.
8. A written application in this matter along with its motivation is introduced to the Council of the Foundation.
9. The Council of the Foundation in one month time since the delivery of the application passes a resolution concerning the granting of the guarantee fund sources.
10. In case of the rejection of the application, the Board modifies the financial plan adjusting planned expenses to the decreased income and presents the revisal of the plan to the Council of the Foundation.
11. The Board submits to the Council report on the budget realization, based on which the Council passes the exoneration.
12. In case of the budget surplus the Board submits the application concerning the designation of 70% of this amount. 30% of the surplus is managed by the Board.
1. Financing of the legal clinics’ activity includes delivery of the financial sources on the realization of the program assignments and the cover of the activity costs of the following subjects:
a. Legal Clinics described by the Statute of the Foundation,
b. Other subjects – not legal clinics - carrying on activity of the legal education
2. Distribution of the financial sources concern in particular legal clinics accredited by the Foundation, and depending on the amount of additional sources – might concern also other subjects mentioned in p. 1a and 1b.
3. Financing of the clinic’s activity comprises period of its annual or semi-annual activity.
4. Evaluation of the applications for financing of the clinic’s activity takes place twice a year in annual and semi-annual cycles
5. Annual cycle Time limit for the application expires on the 30th of June.
6. The Foundation evaluates the application and announces the amount of the money granted no later than August 31st.Payment of the financial sources is done after the applications’ evaluation procedure is completed, however no later than 31st of September.
7. Legal clinic is obliged to submit:
a. semi-annual report of the financial activity no later than 31st of January of the year following the one in which the application was submitted,
b. annual (final) report of the financial activity no later than 30th of June of the year following the one in which the application was submitted.
8. Semi-annual cycle Time limit for the application expires on the 15th of October.
9. The Foundation evaluates the application and announces the amount of the money granted no later than November 30th. Payment of the financial sources is done after the applications’ evaluation procedure is completed, however no later than 31st of January of the year following the one in which the application was submitted.
10. Legal clinic is obliged to submit the final report of the financial activity no later than 31st of July of the year following the one in which the application was submitted :
11. In case of repeated application for the financing from the Foundation legal clinic is obliged to submit an initial final report covering the costs from the end of the accounting period until the 30th of April of the year following the one in which the application was submitted.
12. Applying for the clinic activity’s financing is done only on the special forms provided by the Foundation or published in Internet.
13. Applications submitted after the deadline will not be considered.
14. The application form should include:
a) short description of the clinic’s activity, its main goals and forms of action,
b) legal status of the clinic or the subject entitled to negotiate contracts on the behalf of the clinic,
c) list of persons employed at the clinic (regardless of their legal title),
d) list of students participating in the clinic activity,
e) list of coordinators;
f) cost-estimate of the activity in the time period included in the application
g) information about:
i. Fulfilling the standards of the Foundation,
ii. Number of the cases accepted by the clinic in the period of academic year previous to the application’s submission, including number of closed cases,
iii. Number of didactical hours realized by the clinic,
iv. Other financial sources of the clinic
15. The Board has the right to demand, at any time, organizational and financing information concerning the clinic’s activity.
16. The division of the sources is done through a contest. The results of the contest are given not later than 31st of August for the annual cycle and 30th of November for the semi-annual cycle.
17. Qualification procedure proceeds as follows:
The Board prepares:
a) list of applications
b) proposal of the sources’ distribution among the clinics taking into account the propriety of the borne costs as well as the efficiency and reliability of the management of the sources granted by the Foundation in pervious years based on the criteria mentioned in p. 14.
18. In case, when gained by the Foundation sources dedicated to the clinic’s activity can not cove the entire amount which the clinic had applied for, the Board reduces the amounts falling on each clinic according to the principle of purposefulness, taking into account among other things: scope and field of activity of the applicant, its experience, annual average number of the clients, reliability of the substantive and financial reports as well as the plan of the further activity and financing.
19. The division of the sources is discussed by the Board during a closed meeting. If, after distribution of all of the sources, a free amount is left, the distribution resolution includes provisions concerning such an amount. The Board is not obliged to motivation for its attitude toward the grantees.
20. The Board’s resolution concerning the distribution of the sources is overt. The adoption of the resolution requires the majority of 4 votes.
Shifting the sources
21. It is allowed to shift the sources of the budget included in the application in the amount not exceeding 10% of the grant. To shift more than that, the Foundation’s written (under penalty of invalidity) consent must be obtained.
Reports and accounts
22. The clinic is obliged to present financial activity reports in times given above. Final reports are available for the Founders and donors.
23. Unused sources in the budget year are returned to the Foundation and supplies the reserve fund until its full value is reached. After the reserve und is established the unused sources come back to the Foundation‘s budget and are counted as the income of the Foundation.
The contract on the grant’s transfer
24. The financial sources granted by the Foundation will be transferred to the grantee based on the contract. A sample of such contract is attached to the present Regulations. The contract may include additional conditions of the money transfer based on the particular contract between the Foundation and its grantor.
25. In particularly justified situations the Board may, based on the consent of all its members, retract from the deadlines established in the present Regulations.
26. The present Regulations are of the exclusively internal nature and can not be the ground for any claims toward the Foundation. They do not limit or exclude the obligations (included in the financing contracts) imposed on the subjects using the Foundation’s support.