STATUTE OF

POLISH REAL ESTATE FEDERATION

Chapter I.                     Name, character, area of activities, seat.

Chapter II.                    The goals of the Federation and its forms of activities.

Chapter III.                   Members, their rights and obligations.

Chapter IV.                  Federation’s authorities.

Chapter V.                   Funds and the Federation’s equity.

Chapter VI.                  The changes in the statute and dissolution of the Federation.

Chapter I

NAME, CHARACTER, AREA OF ACTIVITIES, SEAT

§1.

The union of associations of real estate specialists is created under the name of the POLISH REAL ESTATE FEDERATION, known hereinafter as “FEDERATION” (PREF).

§2.

The Federation is a voluntary union of independent organizations which have legal entity as associations of real estate specialists.

§3.

The Federation is a public organization which has a legal entity and which functions by procuration, on behalf and in the interest of the federated associations.

§4.

The area of the Federation’s activities is the Republic of Poland, and the headquarters of the executive authorities is in Warsaw.

§5.

The Federation can be a member of other national and international organizations.

§6.

The Federation develops its activities on the principles of public service paid by the people from the united member organizations. The Federation can employ other people in order to conduct the activities included in the statute.

§7.

The Federation uses a round framed seal bearing an inscription: "Polska Federacja Rynku  Nieruchomości" (“Polish Real Estate Federation”) and other seals approved by the Federation’s authorities.

§8.

The Federation can set its own logo and a badge according to the existing regulations.

CHAPTER II

AIMS, TASKS AND FORMS OF ACTIVITIES
 

§9.

The Federation is a public organization reaching its aims in accordance with the existing legal regulations and its main task is solving problems of specialists from real estate market. 

§10.

The aims of the Federation include:

a. activities concerning the development of the professions connected with the specialist  real estate market,
b. establishing cooperation principles and forms of further integration of real estate environment,
c. creating the conditions for setting up professional self-government of the real estate professions,
d. protecting labour laws and improving the recognition of professions which pay professional real estate market services,
e. improving the system of education and professional qualifications of real estate specialists,
f. organization of inter-association activities propagating and controlling work ethics on real estate market,
g. representation of the members in front of the national and international authorities and central institutions,
h. taking up the activities enabling the real estate specialists to insure themselves against civil responsibility,
i. protecting ownership rights,
j. activities which strengthen the federated (and especially regional) associations,
k. activities enhancing standards of services on real estate market, 
l. activities enhancing advisory skills of brokers and property managers.

§11.

The Federation achieves its goals stated in paragraph 10 especially through:
a. organization of countrywide inter-association activities, such as: conferences, meetings, seminars, exhibitions etc., 
b. cooperating with governmental agencies and other organizations and institutions interested in the regulation and development of real estate market,
c. publishing activity concerning specialist publications, promotion of experiences of professional associations from different countries, own publications etc.,
d. promoting, enhancing and leading training activities concerning specialist knowledge,
e. representation of (on behalf of the Associations) the Federation members in front of the society, authorities and state institutions, and other organization of common viewpoints concerning: real estate market, legal regulations in real estate economy, the role and the tasks of real estate specialists, etc., 
f. promotion of national and international specialist publications concerning real estate market,
g. promotion of local companies which deal with real estate services and trainings in this area,
h. recommendations for the Federation members important from the viewpoint of the statute aims,
i. cooperation with international organizations uniting real estate specialists,
j. taking up other commune activities for the benefit of the Federation members,  
k. supporting the national and local systems of offers exchange.

§12.

The members of the Federation are divided into:

1. ordinary members,
2. supporting members,
3. candidate members,
4. honorary members.       

§13.

1. An ordinary member can be a national or regional association with legal entity, uniting groups of real estate specialists.

2. With the resolution, the National Council accepts or rejects the application of a new ordinary member.
In the case of rejection of a new member, the Council justifies its decision.

3. The Association which wants to be the ordinary member must submit to the Federation Board the application including:

a) the association’s description and its hitherto activities; 
b) a copy from the National Court Register; 
c) a copy of the statute;
d) the list of members;
e) declaration of will to join the Federation with the statement that the PREF’s statute will be obeyed;
f) the resolution of the General Assembly regarding joining the Federation;
g) the balance sheet for the last fiscal year.

4. The Federation Board may call the applicant to submit the missing documents

5. The Federation Board will check whether in the candidate associations there is a requirement for their members to have broker, property manger or valuer licences.

6. The Federation Board sends the information about the candidate Association to all federated members, setting for them the date to give their opinions. Gathered opinions are later presented on the National Council meeting.

7. The Federation Board is obliged to present to the National Council the complete application of the candidate Association on the next National Council meeting, counting from the date when complete documents are submitted.

8. The membership fees are counted and required from the month in which the member was accepted.

§14.

An ordinary member has the right to:

1. have its representatives in the Federation authorities and other colleague organs summoned by these authorities,
2. inspire Federation activities and use the experience of the federated organizations,
3. get help from the Federation in fulfilling its own statutory aims,
4. other rights resulting from this statute

§15.

1. An ordinary member is obliged to:
   a. take initiative and active participation in reaching the Federation’s aims,
   b. obey and fulfil the agreements included in the statute of the Federation and fulfil the resolutions of the Federation’s authorities,
   c. pay the membership fee on time, in order to participate in the costs of the Federation’s activities,
   d. participate in the inter-association forms of cooperation within the Federation.
   
   
2. Ordinary members pay fees to the Federation in the amount counted proportionally to the number of ordinary members registered in the Federation; the amount of the fee is settled by the National Council resolution.

§16.

The candidate member is an Association which the Federation recognised as not fulfilling all necessary requirements to be accepted as ordinary member. For the period of one year the candidate member must fulfil the Federation statute requirements. Throughout this year, the rights and obligations of candidate members correspond with the rights and obligations of supporting members.

§17.

1. A supportive member can be a physical or legal person who supports the Federation’s activities. The person becomes a supportive member after presenting a written application which is later accepted by the National Council.
   
   
2. The supportive member has the right to:
   a. get organisational help and Federation’s services according to the regulations stated individually in the resolution accepting a new member,
   b. inspire Federation’s activities and use the experience of the federated organizations.
   
   
3. The supportive member is obliged to issue fees to the Federation. The fees are settled and agreed individually in the resolution accepting a new member.  

§18.

1. The title of the honorary member is given on the basis of National Council’s resolution, proposed by the Board or a group of minimum five ordinary members of the Federation or the Chapter of Golden Badge.
2. The title of the honorary member is given to physical and legal persons who have special merits in the activities and development of the Federation. 
3. An honorary member has all the rights of ordinary members save the active and passive voting rights.
4. An honorary member is not obliged to pay membership fees.

§19.

1. The loss of membership happens in the case of:
   a. submitting a written resignation
   b. expulsion by the National Council resulting from not fulfilling the conditions or member obligations listed in this statute,
   c. the dissolution of the Association or the loss of legal entity,
   
   
2. The National Council may suspend the Association in member rights if the member does not pay its membership fees for the period longer than three months. At the same time, The Council calls for payment under the threat of taking other actions. After the application of the aforementioned procedure, and if the payment is not settled for another three months, the National Council can agree on expulsion of such Association from the Federation.

CHAPTER IV

THE STRUCTURE AND FEDERATION’S AUTHORITIES

§20.

1. Polish Real Estate Federation’s authorities are:
   a. The National Council which is a gathering of federated Associations’ delegates; b. The Federation Board consisting of the President, two Vice-presidents and four Board members;
   c. Auditing Committee.
   
   
2. The advisory organs of the Federation are especially:
   a. Program Council
   b. Legal Committee of Real Estate Brokers
   c. Legal and Ethical Committee of Property Managers
   d. Ethical Committee of Real Estate Brokers
   e. Professional Responsibility Committee of Property Managers
   f.  Education Committee of Real Estate Brokers
   g. Education Committee of Property Managers
   h. International Affairs Committee
   i.  Publishing and Promotion Committee
   j.  IT Committee.
   
   
3. The Committee chairmen are chosen from among the members of the Committees. Functioning, organization and members of the Committees and the Program Council are regulated in bylaws approved by this organ and accepted by the National Council.
   
   
4. The participation of one regional Association member in the committee proceedings is financed by the Federation according to the means available. 

§21.

1. The Federation authorities’ members can be only people federated in the organizations which are ordinary members.
2. All elections to the Federation authorities are conducted by secret ballot.
3. The Auditing Committee and the Board’s cadence lasts two years and expires with the date of the election of a new Auditing Committee and the Board.        
4. The President’s position can be held by the same person for no longer than two cadencies in a row.   

§22.

1. The National Council is the highest Federation authority.
2. The National Council’s delegates are two people indicated by the Association Board of the ordinary member of the Federation.
3. The ordinary meetings of the National Council are conducted at least once every half a year and are summoned by the Federation Board through electronic means 14 days before the meeting is due. If there is no quorum, the second date is selected 30 minutes after the first one. 
4. Summoning an extraordinary National Council meeting lies in the competences of the Federation Board and is the Board’s initiative or the collective initiative of at least five ordinary members of the Federation. It can be then proposed by the Auditing Committee within one month from the application.
5. The National Council meeting is led by the Chairman chosen from among the delegates.
6. The representatives of the advisory organs mentioned in the statute can participate in the National Council meetings with an advisory vote. The National Council accepts the reports from the advisory organs.
7. The announcement of the National Council meeting must include the date, time and the order of proceedings.
8. To the announcement mentioned in point 7, The PREF’s Board should attach the content of the National Council’s planned resolutions. The projects should be attached especially if the issues require specialist knowledge, are complicated, time-taking or particularly important for PREF.
9. The National Council makes resolutions in the matters listed in the order of proceedings presented to the Federation members in the announcement.

§23.

1. The bylaw of the National Council Proceedings is accepted by the National Council.
2. The resolutions of the National Council are voted by the ordinary majority of votes, in the presence of at least a half of the delegates, if the proceedings started in the first term. 
3. If the proceedings started in the second term, the National Council resolutions are taken by the ordinary majority of votes, regardless of the number of delegates.
4. The resolutions concerning the changes in the statute or dissolution of the Federation are taken by the majority of 2/3 of votes, in the presence of at lease 2/3 of the total number of the National Council delegates.
5. Every delegate of the National Council has one vote and cannot establish proxies.

§24.

1. From among the people federated in the member organizations which are ordinary members of PREF, the National Council elects and removes:

a. the Board consisting of the President, two Vice-presidents and four Board members. The choice of the President is made 6 months before the end of the present President’s cadence. Until the time the new President is appointed, he or she has the right to use the title of the President Elect. 

In the Federation Board there must be all profession groups gathered in the Federation. The people chosen as representatives of particular groups must be the members of corresponding associations uniting the representatives of these groups.

b. the Auditing Committee consisting of 3 people chosen from among the candidates proposed by the delegates to the National Council. There might be only one ordinary member of a given Association in the Auditing Committee; the Auditing Committee member cannot be the member of the Board.

2.  In order to make the President’s and Vice-president’s elections valid, there must be over 50% of the National Council votes, in the presence of 2/3 of the Council members.

3. If the candidate does not receive the required amount of votes there is a second ballot, in which there compete two candidates who received the biggest amount of votes in the first ballot; the election is done by the ordinary majority of votes.   

4. The election of the Auditing Committee is done by the ordinary majority of votes, in the presence of at least 50% of the National Council members.

5. During the cadence of the Federation authorities, the changes of members are conducted on the basis of points 2, 3 and 4 of this article. 

§25.

1. The Auditing Committee is a controlling organ of the Federation.
2. The Auditing Committee chooses from among its members the chairman, his/her deputy and the secretary.
3. The Auditing Committee’s meetings concerning the controls should take place at least once every half a year.
4. The resolutions of the Auditing Committee are taken by the ordinary majority of votes.

§26.

1. The Federation Board consisting of the President, two vice-presidents and four Board members is the executive body of the Federation. The meetings of the Board take place at least once every three months.
2. The Federation Board:
   a. leads the Federation activities and represents the Federation in the country and abroad;
   b. executes the resolutions of the National Board;
   c. prepares plans and programs of Federation’s activities for the National Council;
   d. coordinates the functioning of specialist groups and centres created by the National Council;
   e. appoints the Director and states his or her competences.
   f. prepares the project of the Federation budget with the possibility of making proposals by the statute organs.
3. The President leads the Board’s activities in accordance with the principles accepted by the Board and approved by the National Council.
4. The Board’s resolutions are valid if they are taken by the majority of votes, in the presence of at least four Board members. If the number of votes is equal, the deciding vote is with the chairman of the meeting.
5. The announcements can be made and signed on behalf of the Federation by the President of the Federation or one of its Vice-presidents along with one of the other Board members or the Federation Director.

§27.

Within the Federation organisational structure there can be work groups and specialist teams. The groups and the teams can be appointed after the consultation with the appropriate Committee and local associations.

§28.

The National Council activities include:
a. accepting the changes in the Statute of the Federation,
b. accepting, removing and expelling the members,
c. stating the heading and programs of the Federation activities,
d. making a standpoint and publication of the opinions or resolutions in the issues important for real estate environment, including the countrywide or regional scope and content,
e. making resolutions concerning the organization of inter – association activities, including those connected with national conferences of real estate professionals,
f. establishing the amounts and rates of admission fees; the Federation Board has the right to one lowering of fee for the Association for the period of up to 6 months if the Association applies for such reduction,
g. creating specialist groups and centres which are to fulfil certain tasks,
h. making resolutions in other issues important for the Federation which are not regulated by this Statute,
i. accepting the bylaws of the National Council and the Auditing Committee and other bylaws connected with the activities included in the Statute,
j. considering annual reports concerning Federation activities presented by the Federation President and the reports of the Auditing Committee.
k. accepting the Federation’s budget and accepting the reports of its execution,
l. agreeing to: purchase fixed assets being worth more than 30 000 PLN, to buy and sell properties and take loans.
m. Accepting the reports from the Problem Committees’ activities

§29.

The Auditing Committee’s activities include:
a. controlling the overall Federation activity in the aspect of legal accordance, accordance with the Statute and the National Council Resolutions,
b. presenting to the National Council the evaluation of the Federation’s activities and making proposals resulting from the conducted control,
c. the control of budget activities.

§30.

The Auditing Committee can:
a. demand explanation in the issues concerning the Federation’s activities and its organs,
b. participate in the National Council meetings and in the Board meetings with an advisory vote.

§30a.

The Program Council prepares plans and programs of Federation activities which are later proposed to the National Council. The Program Council makes a proposal to the National Council or to the Board suggesting certain activities, legislative initiatives, giving opinions and announcements; asked by the National Council or the Board, the Program Council takes certain actions, makes proposals to the committees, opines the changes in the Statute and projects of the resolutions.

CHAPTER V

THE FUNDS AND THE FEDERATION’S EQUITY

§31.

Federation, as a legal entity, can have a mobile and immobile equity.

§32.

The Federation funds include:
a. the admission and membership fees,
b. particular subsidies or payments from the supportive members,
c. promotional fees from the companies and publishers which use the Federation’s logo.
d. incomes from commercial activity,
e. donations.

§33.

1. The Federation develops its activities on the principles of public service.
2. In order to reach its statutory goals, the Federation can sign labour and temporary contracts with other people.
3. The Federation can have commercial activity regulated by the existing law and the rules approved by the National Council. The income from commercial activities is used for reaching the statutory goals of the Federation.

CHAPTER VI

CHANGES IN THE STATUTE AND DISSOLUTION OF THE FEDERATION

1. The dissolution of the Federation can be conducted on the basis of the resolution of  ordinary relatively extraordinary National Council meeting in mode from §28 p.1 and 2
2. Making a resolution concerning the dissolution of the Federation, the National Council defines the way in which the liquidation will be conducted and also agrees on the distribution of the Federation's equity.
3. The issues concerning the changes of the statute or dissolution of the Federation must be introduced to the order of the National Council meeting and delivered, with the content of the changes, to the Council members 14 days before the meeting is due.