Kamis, 11 Maret 2010

CONTOH AKTA PENDIRIAN YAYASAN (BHS INGGRIS)

Sample Deed of Establishment of Foundation


FOUNDATION

NUMBER ... ... ... ....

-On this day, Tuesday March Thirteen year two --------
thousands one (13-3-2001) Appear before me, ----------
SL, Sarjana Hukum, Notary in Bekasi, in the presence of witnesses, known to me, Notary Public of whom the names will be mentioned at the end of this deed :----------------

The respective The appearers introduced to me, Notary, that one by the other The appearers. The appearers for yourself and / or as powerful as it was explained, by collecting money of USD ... ... ... (... ... ... ... ... ... ... ....) Which has been separated from their wealth has established a foundation, using the basic budget as follows: ---

---------- NAME AND PLACE OF POSITION ---

Article 1 -------- ----------------

The foundation called: Foundation ... ... ... ... ... ... ... .. abbreviated "... ... .." and domiciled in (______), with branches in other places according to the decision of the Governing Body. Founder Board approval. ------

TIME ---------------- --------

Article 2 -------- ----------------

This foundation was established at the time this deed was signed and established for a long time is not specified. ----------------

Principle ---------------- ---------

Article 3 -------- ----------------

The foundation principle Pancasila and the Constitution of 1945 (one thousand nine hundred and forty-five). -------------------

PURPOSE AND OBJECTIVES ------------- -----

Article 4 -------- ----------------

The purpose of this foundation is: -----------

- [___]


BUSINESS ---------------- --------

Article 5 -------- ----------------

To achieve the aims and objectives, the Foundation is running its efforts as follows: --------------------

a. [___];

b. [___];

c. [___];

d. [___];

e. [___];

WEALTH --------------- -------

Article 6 -------- ----------------

1. Foundation property consists of: -------------

a. base of the first property mentioned above: -------

b. dole / donations from the community, government and private sector, both from within and from abroad are not binding ;----

c. testament grants and regular grants; -------

d. income-income from the efforts of the Foundation; ---

e. assistance from the people and agencies who are interested in the Foundation;

f. other revenues are valid. -------

2. Money that is not immediately required for purposes of the Foundation are saved or executed in ways that will be determined in the household budget.

AGENCY FOUNDER -------------- ------

Article 7 -------- ----------------

1. Founder Board Members consist of: ------------

a. who founded the Foundation; --------------

b. they are at the proposal of one or more members of the founder who want to resign, has been appointed by the meeting of founding Board member, to become his successor; ---------------

c. They are appointed by the founding Board member meeting considering their services to the Foundation; -------------

d. their agency's opinion for the establishment of the Foundation founder has been providing services that are useful for this Foundation; --

2. Agency founder is the highest body, which has the authority and power; ---------------------

a. set a basic budget changes; --------

b. appoint and dismiss members of the Agency Board;

c. establish lines of policy which must be implemented by the board; --------------------

d. Foundation dissolve ---------------

3. Founder Board membership ended because; --------

a. death or dissolution; ----------

b. at his own request; --------------

c. declared bankrupt or placed under incompetent (curatele);

d. dismissed by the founder of the agency meetings; --------

4. Meeting body is considered valid if the founders of at least 2 / 3 (two thirds) of the number of Board members present Founder. -----------

5. Board decisions as possible founders set in consultation with the provisions if the agreement is not reached consensus says done with voting. with the provisions approved by at least 2 / 3 (two thirds) plus one of the founder members of the Board who are present or represented.

6. Founder Board meeting can be held any time and at least once a year when deemed necessary by at least 2 (two) of the Board of Founders.

7. Founder Board meeting to consider the approval and ratification (______) months, starting from the year closing Foundation. ----

8. Board meetings procedures Founder, shall be further regulated in the Bylaws.



AGENCY BOARD -------------- -----

Article 8 -------- ----------------

1. The Foundation is managed by a Governing Body, which consists of at least (_______) people, organized as follows: 1 (a) the chairman;

1 (a) the vice-chairman; ---------------

1 (one) person secretary ;----------------

1 (a) the treasurer; ---------------

2 (two) members or more .------------

2. Members appointed to the Governing Body (_______) years and is set on the position of each of them and can be dismissed at any time by the Meeting of Founders body. ---------------

3. Membership Governing Body of the end because; -------

a. death; -----------------

b. at his own request; --------------

c. declared bankrupt or placed under incompetent  (curatele);

d. Board Meeting was dismissed by the Founder. --------

4. If the vacancy occurs. then the members of the Governing Body can propose other candidates to fill vacancies that the agency that will strengthen the Founder's proposal, but the Board may appoint a founder of another person, with no attention to the candidates proposed by members of the Governing Body. ---------------------

--------- RIGHTS AND OBLIGATIONS OF AGENCY EXECUTIVES --

Article 9 -------- ----------------

1. Governing Body is obliged to run the rules in these statutes. ------------------

2. Governing Body to plan household budgets of all the things that are not or are not sufficiently regulated in this charter and make regulations deemed necessary and useful to the Foundation. including the work plan for the Foundation (________) years. ------------

3. These rules in the above paragraph should not be contrary to the basic budget and the Foundation must receive prior approval of the Board Meeting of the founder. --------------------

4. No later than within (______) months from the year closing Foundation. Governing Body meetings to give reports to the Board Founder of the Foundation course of the past fiscal year. ----

Article 10 ------- ----------------

1. Chairman together with the secretary the right to represent the Foundation within and outside the court and therefore entitled to all the action. inengenai good management is about niaupun ownership, but to:

a. make loans to, or shall be borne by the Foundation or the Foundation lends money to another party; -------------

b. purchase. sell or the other way obtain or release rights or against the goods do not move: --

c. bind Foundation as the agency / borrower: ----

d. pawned goods move belongs to the Foundation;

e. participate as a silent in pesero limited partnership under the firm;

Must get prior written approval of the Founders Board meeting.

2. Out letters must be signed by the Chairman and Secretary and in terms of expenditure and / or receiving the money part is signed by Treasurer.

3. Vice-chairman to help the head, in the case of head absent or does not exist, where events do not need to prove to others, then the case may be Vice Chairman. have the same authority with the Chairman. ------

4. Without prejudice to its authority, the Chairman and the Secretary has the right to give power to the other party with written authorization. ----------

5. Governing Body should conduct the division of labor among its members effectively and efficiently. ------------------

AGENCY BOARD MEETING ------------ ----

Article 11 ------- ----------------

1. Agency board meetings are required at least (___) times a year and at any time if deemed necessary by the chairman or at least from the number (_____) Governing Body members who will tell it by writing to the chairman. --------------

2. In all meetings, the Chairman of the bosses. if the Chairman is not present, the meeting led by Vice-Chairman and Vice Chairman if not present, the meeting chaired by one selected from and by those who attend.

3. Meeting of the Governing Body considered valid, if at least (________) plus 1 (one) of the number of members of the Governing Body present or represented.

4. If the present is not sufficient, the Chairman may call a meeting of a new meeting as quickly as possible (____) days and no later than (______) days from the day of the meeting was not held, after which the meeting may be taken where the decisions of the event meetings that can not be held that, by not considering the number of members present. --------

5. meeting a decision was taken by way of deliberation to reach consensus; if a way is not reached, the decision was taken in a way that the vote must be approved by at least 2 / 3 (two thirds) plus one of the members of the Governing Body present or represented.

AGENCY ------------ -------

Article 12 ------- ----------------

1. Board meetings when necessary to lift Founder watchdog.

2. Foundation Board of Trustees appointed to (______) years and set about each position and can be laid off by the Founder and Board meetings can be reappointed. -----------

3. Board of Supervisors has an obligation supervise the work of the Governing Body.

4. The members of the Supervisory Board together or each one every time the right to enter the hours the buildings and the pages and other places that are used and / or controlled by the Foundation and the right to examine the books. bonds, checking and matching state money and other cash and know all the actions that the Governing Body has been executed. ---------------------

5. Each member agency board shall provide an explanation of everything that is asked by (the) members of the Supervisory Board for examination purposes. --------------------

------------ AGENCY FOUNDATION / CAT --

Article 13 ------- ----------------

1. If deemed necessary, the meeting may appoint founder Agency Advisory Board / Guardian foundation. -------------

2. Advisory Board / Foundation appointed guardian to 5 (five) years and set about each position and may be terminated by the Meeting of Founders body and can be reappointed. ------

3. Advisory body / guardian has the right to give advice to the Agency founder and / or National Agency and / or the Governing Body either requested or not.

4. That advice can be delivered, whether written or oral.

5. Such advice must be respected and considered seriously by the Founder and / or Board of Supervisors and / or the Governing Body, but not exhaustive. -----------

--------------- ------- YEAR BOOK

Article 14 ------- ----------------

1. Year Book Foundation was started from the beginning of the month (_______) up to the end of the month (_______) each year. ---------------

2. Governing Body is required to make annual reports provided with the calculation of the liability of financial foundation.

3. Calculation and accountability and annual reports must be approved by the Meeting of Founders body. ---------------

---------- Additional Changes or Dissolution

Article 15 ------- ----------------

1. The decision to alter or statute increase this foundation or to dissolve the foundation is only valid if the meeting or the Board of Founders represented attended by at least 3 / 4 (three quarters) of the number of members of the Board Founder and related proposals approved by at least 3 / 4 (three quarters) of the total votes of the members of the Founders who were present or represented.

2. The decision to dissolve the Foundation can be taken if the proposal of the Governing Body found, that the Foundation does not have the strength to live longer or property or the Foundation has been such a lack of that according to the Governing Body no longer enough to meet the provisions of the Foundation. ---

---------- HOW TO USE THE REST OF MONEY --

Article 16 ------- ----------------

If the foundation is dissolved. then to ignore the sound of article 1665 of the Book of Law Civil Law. Governing Body is obliged to arrange and settle all debts Foundation. under the supervision watchdog. Meeting body unless otherwise determine founder and founder of the agency meetings to determine how to use the remaining money wealth by taking into account the basic purpose of the Foundation.

CLOSING ------- ----------------

Article 17 ------- ----------------

all the things that are not or are not sufficiently regulated in these statutes or in the household budget. Meetings will be decided by the Board for the first time Founder:

composition of the Governing Body consists of: ------------

Chairman: ... ... ... ... ... ... ... ... ... ....

Vice Chairman: ... ... ... ... ... ... ... ... ... ...

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