Rules of regulation of the BERJALAN Foundation

(This translation is NOT official)

The internal regulations of the BERJALAN Foundation were definitively adopted by the Board at the meeting of December 21, 2018.

Definition

Meanings in these regulations:

  • the foundation: the Stichting BERJALAN, established in Weerselo and registered with the Chamber of Commerce in Enschede under number 71349243
  • the articles of association: 
  • the statutes of the foundation, as laid down in a deed passed on April 4, 2018 by notary of Limburg Stirum in Hilversum.
  • the board: 
  • the board of the foundation as referred to in the articles of association.
  • projects: activities within the framework of achieving the objectives of the foundation.
  • director: the unpaid director.

Policy

The policy is laid down in a policy plan:

  • This policy plan is updated and revised annually.
  • Each new version of a policy plan is in effect at the time it is approved in the board meeting.
  • The policy plan contains (or: is supplemented with) an annual plan and an annual budget.

Tasks and powers of the board and board members

The board and the board decisions

The board:

  • Takes board decisions (see the section ‘Board decisions’ in these rules).
  • New board members are appointed by acclamation by the chairman at a board meeting.
  • Candidate board members must have sent a written declaration of willingness to the chairman.
  • All members of the Board endeavor as a whole and as an individual to obtain and retain the status as ANBI (General Benefit Institution) and declare their willingness to resign if their presence in the Board endangers or could endanger the ANBI status. 

Chairman:

  • Has general management of the foundation.
  • Represents the foundation outside.
  • Manages the board.
  • Is the first point of contact for board members.
  • Sets the agenda for each meeting in consultation with the director.
  • Chairs the board meetings.
  • Ensures that decisions are made in accordance with the law, the statutes and these rules of procedure.
  • Ensures that board members perform their duties properly and addresses them accordingly if this does not seem to be the case.

The vice-chairman:

  • Replaces the chairman in his absence.

The treasurer:

  • Is the first point of contact in the management board for the director with regard to all financial aspects.
  • Assesses whether incurred expenses and expense claims fall within the annual budget, the frameworks for project budgets and / or the agreements made in board meetings.

The Secretary:

  • Takes note of and treats the official documents, engages other board members where necessary and takes care of the resulting correspondence.
  • Archives all relevant documents.

Responsibilities of chairman, treasurer and secretary can be united in one person.

Tasks of chairman, treasurer and secretary can be delegated to the director of the foundation, but remain under the responsibility of the board.

Meetings

  • Board members living outside the Netherlands can take part in the meeting using a form of telecommunication. Provided all board members are in agreement, all board members can participate in the board meeting via telecommunication. If for technical reasons a skype meeting is not possible, then another form of communication will be chosen.
  • The board meets at least twice a year. In the spring, the director reports on the previous year and the plans for the coming year are discussed in the autumn. If a board member wants an extra meeting, he or she can request the director to organize a meeting within a period of four weeks.

Agenda:

  • The board members can submit agenda items up to 2 weeks before the meeting.The director mails the draft agenda no later than 7 days before the start of the meeting.
  • At the beginning of each meeting, the agenda is definitively established.
  • Board members have the option to add points to the agenda, to propose points or to move points to a next meeting and to propose to change the order of agenda items.
  • The director takes care of all documents.

Responsibility:

  • The board is responsible and decides.

Fees:

  • The board members receive no compensation for their activities.
  • Meeting-, vacation- and travel expenses are only reimbursed if reasonably and with sufficient funds from the foundation. This at the discretion of the board.

Revenues and expense claims

  • All income (book revenues, grants and donations) are put into the bank account of the foundation.
  • The policy plan determines the framework for possible reservations for subsequent years.

Director

  • The board appoints a not paid director.

The director:

  • draws up the policy plan and submits it to the board.
  • implements the policy plan.
  • prepares the annual report (including financial report).
  • conducts the financial administration and prepares financial reports.
  • ensures the continuity of the financial administration, especially in case of follow-up.
  • manages the cash, the bank accounts and any savings accounts on behalf of the treasurer.
  • estimates expenses (projects) on the basis of the assets.
  • performs financial control of the activities and the cash, at interim and after completion of activities.
  • manages the budget and is authorized to make payments (that are agreed) in accordance with the decisions taken by the board.
  • receives and processes mail for the foundation; 
  • engages board members where necessary.
  • prepares the board meetings in consultation with the chairman
  • makes minutes of the board meetings in which at least is mentioned:
  • the date and place of the meeting
  • the present and absent board members
  • the decisions taken.
  • archives all relevant documents.

Grants

Conditions for grants

  • The application must fall within the objective of the foundation.
  • The activity for which a grant is requested is organized in collaboration with a local organization.
  • In order to assess an application, the following information must be submitted:
    • The program; this must be of good quality.
    • Names of teachers with the knowledge and experience they possess.
    • Duration of the course
    • Number of expected students.
    • Budget clearly indicating for which subsidy is requested. 
    • It should be clear that efforts have been made to keep the costs for which subsidy is requested as low as possible.
    • For applications other than courses, the director will, in consultation with the board, draw up characteristics / data that must be submitted making it possible for the board to take a decision.
  • Afterwards a report of the course / activity has to be delivered which can be published on the website (including some photos and if possible a video)

The foundation can never grant more than there are finances in cash. The revenues of the book sales must first be used for the repayment of the loans. Separately received grants may be issued before the loans have been repaid. Courses given in Indonesia have priority, provided that they meet the requirements. The director assesses the quality of the application and will ask for advice if necessary. If the director is involved in the application, he is obliged to request an opinion from professional experts who are not involved in the application. The director then advises the board.

Considerations that (can) play a role in the decision about the grant:

  • quality of activity, in a broad sense
  • need for the activity
  • cost-benefit analysis

If there are more applications that qualify than can be honored, the board decides which application(s) will be honored. The board is not obliged to substantiate this to the applicants. No appeal is possible for the applicant.

The board determines whether the financial situation of the foundation allows the granting of an application.

Final provisions

  • In cases where the law, the articles of association and these regulations do not provide, the board decides.
  • At the first request, all interested parties receive from the secretary / director one copy of the Articles and of these regulations, as electronic copies by e-mail. 
  • Paper copies will be made available on request at a fee to be determined by the board.
  • The articles of association, the household regulations and the current policy plan are published on the website.