Ethical Membership Charter of the “Résonances” Endowment Fund

Preamble

The endowment Fund Résonances was created in April 2021.This Fund aims to identify and bring all the resources necessary for the realization of the work of art of Mr. Jean-Paul Philippe as well as its installation in the “Parc des Adrehs” in the municipality of La Roque d’Anthéron, the town in which the art work, once produced will be given and donated.

In order to achieve this objective, the purpose of this Fund is to receive and manage property and rights of any kind contributed thereto free of charge and irrevocably, with a view to redistribute the income for the realization of the Résonances Project.

It shall use all means to achieve its social purpose, in particular by:Collecting funds

  • Raising awareness and mobilizing citizens, and national and international private entities by initiating communication actions;Collecting donations;
  • Redistributing funds to the artist.

As part of its fund-raising activities from citizens and national and international private entities, the Résonances Fund wishes to set out the main ethical rules aimed at ensuring the independence and integrity of its actions, its choices and its productions. These rules shall thus serve in building relationships with patrons and donors, within the framework of patronage, donation or bequest, in full transparency and confidence.

By signing the Ethical Membership Charter for donations, the Résonances Fund and its patrons, sponsoring partners shall undertake, during the performance of its mission, to respect the following ethical principles and rules:

  • Compliance with laws and regulations:
  • Respect for the general interest;
  • Integrity
  • Preventing and avoiding conflicts of interest
  • Transparency and rigour;
  • Protection of privacy and confidentiality;
  • Responsible Communication

This charter shall apply to all stakeholders of the Résonances Endowment Fund: President, Members of the Board of Founders, patrons, donors, contributors and volunteers as well as entities financed by the Fund

1.       Applicable rules and definitions

For the purposes of this Charter, “patronage” shall refer to donations and bequests for which a donor benefits from tax provisions resulting from the French Law 2003-709 of 1 August 2003 regarding patronage, charitable organizations, and foundations codified in the French general code taxes (CGI), in particular Art. 200 (private/individual donors) and 238bis (corporate patronage).This law improves Patronage tax regime, which represents an increased tax advantage for companies and individuals.

The Résonances Fund can therefore benefit from donations from individuals, companies or foundations established in France or abroad.For companies that do not have an establishment in France, legal provisions regarding compensations shall be those of their country of origin.

Any natural person can become an individual donor of the Résonances Fund, regardless of their nationality and the amount of the donation (from 20 euros).

  1. Corporate Patronage

Patronage shall be “material support provided, without any direct compensation from the beneficiary, to an artwork or to a person for the exercise of activities of general interest”

Patronage shall therefore be a philanthropic disinterested act, which results in a donation made to a project of general interest or public utility (culture, solidarity, environment, research, etc.)

Patronage shall involve a “significant disproportion” between the value of the donation and the compensation granted to the patron.

Patronage may take either of two forms:- Financial Patronage: cash donation, this is valued up to the amount of the donation

– In-Kind Patronage: donation of property or services. Technological patronage is a specific form of in-kind patronage, consisting in mobilizing the donor’s technology for the benefit of a project of general interest. In-kind Patronage should be valued at the net book value for the assets recorded in the assets of the patron company, on the basis of a detailed operating account certified by the donor.

  1. Donor

Hereinafter “Donor” shall refer to any natural or legal person, whatever his/her nationality, who shall grant a donation to the Resonances Fund, whether it is a donation (manual or deeded donation, allowing, if needed, to benefit from the tax provisions resulting from French law n ° 2003-709 of August 1, 2003 relating to patronage, charity organizations, and foundations codified in article 200 of the French General Tax Code and application decrees), a bequest or a will carried out during the two years of existence of the Endowment Fund.

2.      Terms of application of the Charter

The Résonances Endowment Fund shall undertake to respect the ethical values established in this Charter both with regard to the patronage of individuals and companies, whether it directly organizes the fund-raising or delegates it to another organization.

When organizing fund-raising activities, upon receipt of any donation, the Résonances Endowment Fund shall establish and send a tax receipt to the patron (French Cerfa Form 11580 * 03 attached in the appendix, or other if the donation is of international origin).

  • Compliance with laws and regulations

Stakeholders of the Endowment Fund shall undertake to comply with applicable laws and regulations.

  • Respect for the general interest

In accordance with French Law, the principle of general interest shall provide the framework for the mission of the Résonances Endowment Fund. This principle shall be governed by the following criteria:- The areas of activity shall be those listed in Articles 200 and 238 bis of the General Tax Code;

– The non-profit nature of the activity, which shall be characterized by disinterested management, non-competition with lucrative business activities, and taking actions that are not intended for the benefit of a small circle of individuals.

In that respect, any natural person or entity considered as a stakeholder in the Résonances Endowment Fund shall be responsible for acting in accordance with this principle of general interest (cultural artwork accessible to everyone and with no personal interest.)

  • Integrity

Any entity involved in the Résonances Endowment Fund shall respect the principle of integrity by behaving in a fair and honest manner, and avoiding any position where it would be beholden to anyone who might improperly exert influence in the exercise of its functions.

  • Preventing and avoiding conflicts of interest

The Résonances Endowment Fund attaches utmost importance to preventing and avoiding any conflict of interest.

In general, any natural person or entity participating in the Résonances Endowment Fund shall guard against any conflict of interest with other stakeholders of the fund. Stakeholders shall therefore ensure not to undertake directly or indirectly any activity or make any comments which could place them in a situation of conflict of interest with the Fund.

The signatories of this Ethical Membership Charter shall immediately inform the President of the Board of Founders of the Résonances Endowment Fund of any affiliation that may be subject to a conflict of interest in the scope of the activities of the Fund.

In particular under the following circumstances:

– Connections or interests in the project supported by the Endowment Fund: The President and Members of the Board of Founders, Members of Boards and Committees and volunteers shall declare any connection or interest in the project supported by the Fund, and refrain from any action should such connection likely influence their behaviour in the exercise of their functions within the Fund.

Gifts, favours and other benefits:The President and Members of the Board of Founders, Members of Boards and Committees and volunteers may not accept any gift, favour, benefit or commission, in any way, from a third party in connection with the Fund.Any such actions shall be reported to the Board of Founders.

– Service Provision: The President and Members of the Board of Founders shall ensure that no service provision is in contradiction with the rules and principles of this Charter. They shall pay particular attention to ensuring that the nature of the donation and / or the services provided do not place the Fund or its staff in any position where they would be beholden to a third party and subject to improper influence.

  • Transparency and rigour

The Fund shall be committed to being transparent in the use of allocated fundsIt shall undertake to regularly inform patrons and donors of the progress of its project.

The operation, rigorous management of the accounting files and documents shall be organized so as to allow proper performance of internal controls and external audits by the financial auditor or any other controlling body.

It is recalled that the accounts of any French Endowment Fund such as Résonances shall be subject to special surveillance by the French Authorities (Prefecture) with which they are registered.

  • Protection of privacy and confidentiality

The Résonances Endowment Fund shall process any personal or sensitive data in its possession in a lawful and correct manner, by guaranteeing the rights of any natural or legal persons concerned and by preventing unauthorized access to third parties.

Any natural or legal persons concerned by the Ethical Membership Charter shall undertake not to use the information to which they have access for purposes other than those provided for the exercise of their functions in the framework of the Résonances Endowment Fund. Likewise, any natural or legal persons concerned by the Charter may not use the information obtained in the course of their duties or of any activities of the Fund for their own benefit or for the benefit of third parties.These provisions shall apply for the duration of their commitment to the Fund and beyond.

As an exception to the principle of confidentiality, it is recalled that in order to fulfil transparency requirements

– A law or a court may require the Fund to disclose information,

In accordance with Article 8 of the French Decree No. 2009-158 of February 11, 2009 relating to Endowment Funds, the Fund has the obligation to publish an annual Activity Report, which shall contain the following:

  1. A progress report on the activity of the endowment fund that covers both its inner workings as well as its relations with third parties.

b) The list of actions of general interest financed by the endowment fund, and their amounts;

c) The list of any natural or legal persons benefiting from the redistributions provided for in paragraph 1 of article 140 of the aforementioned law of 4 August 2008, and their amounts;

d) The Expenditure and Income account collected from the public as provided for in Article 4 of the aforementioned law of 7 August 1991;

e) The list of any donations received

  • Responsible Communication

The Endowment Fund shall preserve its reputation by ensuring transparent communication in the media and vis-à-vis its various partners in accordance with the principles and rules of this Charter.

The signatories of the Ethical Membership Charter shall abstain from any public comment that may be offensive or violent, racist, sexist, discriminatory or likely to infringe the respect for privacy, the human person or the dignity of the human person.

Done at La Roque d’Anthéron on 13 July 2021

President of the “Résonances” Endowment Fund

Bernard Bigot