Registration
STATUTES
Fragment of the Statutes of Fundacion Manantial, adopted on February 12, 2005
Article 1. Denomination and Nature.
The entity denominated "FUNDACION MANANTIAL" was constituted as a private, non-profit organization and intended as a foundation whose patrimony is linked, in a permanent way, to the attainment of general-interest objectives, which are listed under the 6th article of these Statutes.
Article 2. Character and capacity.
The constituted Foundation, once registered, possesses a legal character of its own, as well as full acting capacities, having in consequence the ability to perform any and all necessary actions for the attainment of the objectives for which it was created, always in compliance with the full contenidos of pertinent legal regulations.
Article 3. Rules and Regulations.
1. The Foundation is of a permanent nature and its existence is indefinite.
2. The Foundation will comply with current legal dispositions, statutes and norms which, as a result of development or interpretation, are dictated by the Board of Trustees.
Article 5. Scope.
The Foundation will carry on its activities in all the territories of the state. As far as the persons involved and benefiting from its activities, the actions of the Foundation are limited to those related to people suffering from mental disorders.
Article 6. Objectives.
The Foundation's mission is to render social and integral care services to people with chronic mental illnesses.
The Foundation will develop this mission around three main objective areas:
a) As a guidance entity, assuming and carrying on guidance duties commended to it by the legal authorities responsible for those suffering from mental illnesses.
b) Promoting and managing residential, psychosocial and occupational rehabilitation resources in order to contribute to the wellbeing or the improvement of the quality of life of people with permanent mental disorders.
c) Generating employment, by any necessary legal means, with or without protection, for the occupational reintegration of people with permanent mental disorders.
Article 7. Charitable Activities.
In order to attain its goals, the Foundation will independently or in collaboration with others, participate in a variety of ways in activities which contribute to the improvement of the quality of life of people with permanent mental disorders, and more specifically:
a) It will carry on as many actions, legal or administrative or of any other kind, necessary to protect the vital interests of people with permanent mental illnesses. In the same manner, it will self-promote initiatives or contribute to the development of initiatives which aim at performing legal reforms on norms and procedures to benefit those suffering from chronic mental disorders.
b) It will seek sponsorships from companies and other institutions, and it will establish all the necessary agreements with the various public administrations, for the purpose of promoting and supporting the creation of resources dedicated to providing residential and psychosocial and occupational rehabilitation, as well as with others who contribute to integrating people with permanent mental disorders back into their communities.
c) The Foundation will play an active role encouraging the employment of people disabled by mental illnesses, and it will foster the creation of community enterprises which, classified as Special Employment Centers, will constitute a real alternative for those suffering from permanent mental disorders and whose insertion and permanence in the regular occupational market presents difficulties.
Article 8. Freedom of Action.
The Board of Trustees will have the freedom to determine the activities of the Foundation, aiming at the attainment of specific goals which it itself considers to be within the scope of its objectives, or those which are the most adequate or suitable at any given time.
Article 9. Selection of the Beneficiaries.
Any person suffering from a permanent mental disorder will be entitled to benefit from the activities organized by
the Foundation.
Respecting the principles of impartiality and non-discrimination when selecting the beneficiaries is binding for
the charity and all the members of the organization.
Article 11. Nature.
The Board of Trustees is the governing body, representing and administering the Foundation, which will carry out the functions that correspond to it, in accordance to all the provisions of the legal ordinance and these Statutes.
Article 12. Composition of the Board of Trustees.
All the legal entities which were designated by the Founder in the constitution's documents and any other legal
entities whose constitution is agreed on by the Board of Trustees.
Individuals with full capacity of action who have not been banned from public office may also be members of the Board
of Trustees.
The Board of Trustees has the faculty of appointing those in public or institutional offices to occupy the position
of patrons.
The legal entities must designate someone to represent them on the Board of Trustees.
Whether the appointee is an individual or a legal entity, the duties of patron must be carried out personally; by
the chosen representative in the case of a legal entity.
The substitution of the designated patrons is only possible for those selected due to the public or institutional
office they occupy, in which case they may be substituted by whomever is designated.
The Board of Trustees will be composed of a minimum of 8 and a maximum of 25 members.
Article 16. Organizational Structure. Delegation of Faculties. General Organizational Titles.
The Board of Trustees will have the faculty to establish a Presidency of Honor, position which will be occupied by
a person belonging to one of the highest offices in the nation.
The Board of Trustees will designate a president from among its members. It will also be able to appoint a
vice-president.
In the same manner, the Board of Trustees will appoint a Secretary, who may or may not be a patron. In the event
this person is not a patron, he or shee will have a voice, but not a vote, in the meetings of the Board of Trustees.
These positions will be renovated every five years, with the possibility of being reelected one or more times for the
same length of time.
By the same token, the Board of Trustees will delegate all of its functions, except those reserved by the Statutes
and those non delegable by law, to an executive committee.
Aside from the powers conferred on the President, the Board of Trustees will confer general representation powers on
a Director General.
Article 17. President of Honor.
The President of Honor shall hold the institutional representation of the Foundation.
Article 18. The President.
It is the President's duty to legally represent the Foundation before all sorts of people, authorities and public or private institutions; the president will call the meetings of the Board of Trustees, will preside over them, direct their debates, resolve tie votes with his or her vote, and will have the ability to perform all sorts of actions and sign the necessary documents in order to achieve the execution of agreements.
Article 26. Gratuitous Character of the Position of Patron.
The patrons will perform their duties free of charge and will under no circumstances perceive any kind of retribution
in exchange for carrying out their functions.
Patrons will be entitled to the reimbursement of all expenses incurred as a result of carrying out their functions.
Article 27. Nature and Composition of the Executive Committee.
The Executive Committee is the ordinary administrative body of the Foundation and shall be made up of the President
of the Board of Trustees, the General Director and three secretaries, proposed by the President and elected by the Board
of Trustees.
The renewal of Executive Committee members will take place every five years, and they may be reelected an indefinite
number of times. Vacancies will be filled at the first meeting called by the Board of Trustees on a date posterior to
that on which substitutes were designated for the time remaining for the office having the vacancy to conclude.
Article 28. Faculties of the Executive Committee.
The Executive Committee is responsible for exercising all of the Board of Trustees's faculties delegated to it as is stipulated by the Statutes, except for those faculties explicitly reserved for the Board of Trustees according to the 20th article of these Statutes and the law - the delegation of the approval of annual financial statements and plan of action, the modification of the Statutes, the fusion, dissolution and liquidation of the Foundation, or those acts which require the authorization of the Protectorate, being under no circumstances object of delegation.
Article 30. The General Director. Appointment. Faculties.
The General Director's function is the administration, direction and hiring at all levels in pursuit of the
objectives and activities carried on by the Foundation, representing it individually within the scope of the
general representation conferred upon him.
His appointment and removal will depend on the Board of Trustees, and his functions will be executed under the
supervision of the President, who will have the faculty of substituting him in the performance of the duties delegated
to him by the Board of Trustees, in their entirety or through a system of public representation, together with
other trustworthy individuals working for the institution.
Article 33. Funding.
In order to fund the development of its activities, the Foundation will utilize resources which originate from
the returns generated by its patrimony and, where applicable, from those originating from aid, subsidies or
donations received from individuals or institutions, both public and private.
Likewise, the Foundation will have the faculty to generate income through its activities, as long as that does not mean
an unjustified limitation to all possible beneficiaries.