Decree No. 2015-983 July 10, 2015

Original Language Title: Décret n° 2015-983 du 10 juillet 2015

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Ministry of economy, finance and planning Decree No. 2015-983 of July 10, 2015 Decree No. 2015 - 10 July 2015 983 granting recognition of public utility in the «Foundation educate and act well by teaching adapted from medical sciences» introductory report El Hadji Ibrahima DIOP, associate in medicine, orthopedic surgeon Professor traumatologist, decided to make next to public authorities its contribution to the improvement of the education system of medicine by a large extension of medical sciences through technology, putting in place a structure called nonprofit 'Foundation educate and act well adapted from the medical sciences education'.

This Foundation has overall purpose is to support the teachings of medical sciences at universities in Senegal, cultivate a spirit of solidarity and respect between the actors of these institutions and promote social development through awareness and application of good scientific practices.

In accordance with Act No. 95 - 11 of April 07, 1995, establishing the Foundation of public utility in Senegal and Decree No. 95-415 of 15 May 1995, it is expected the provisions:-recognition of public usefulness of the 'Foundation educate and act well by teaching adapted from science rnedicales ';
-approval of the statutes of the Foundation;
-duration for which the Foundation is incorporated;
-indication of the headquarters of the Foundation;
-designation of the authority responsible for the technical supervision of the Foundation;
-determination of the representation of the State in the Foundation Council.

This is the purpose of the present draft decree.

The President of the Republic, pursuant to the Constitution, particularly articles 43 and 76;
Having regard to Act No. 95 - 11 of 7 April 1995 establishing the Foundation of public utility in Senegal;
Mindful of Decree No. 95-415 of 15 May 1995 on the implementation of Act No. 95 - 11 of 7 April 1995 establishing the Foundation of public utility in Senegal;
Having regard to the application for recognition of public usefulness of May 28, 2013;

The supreme court heard in its session of April 30, 2015;

The report of the Minister of economy, finance and the Plan, decreed: Article 1. -the establishment referred to as 'Foundation educate and act well by teaching fit of medical sciences', abbreviated 'IBAMED Foundation', is recognized of public utility.

S. 2. - are approved the statutes of the "Foundation educate and act well by teaching adapted from medical sciences' annexed to this Decree.

S. 3. - the duration of the "Foundation educate and act well by teaching adapted from medical sciences" is indeterminate.

The Foundation is dissolved for the causes and in the conditions laid down by article 41 of law No. 95-11 of 7 April 1995 establishing the Foundation of public utility in Senegal and articles 20 and 21 of Decree No. 95-415 of 15 May 1995.

S. 4. - the registered office of the Foundation is located in the neighborhood of Point E, Street 2 X Channel 4, in Dakar, Senegal.

S. 5. - the technical supervision of the «Foundation educate and act well by teaching adapted from science medlcales"is provided by the Ministry of higher education and research.

S. 6. - the State of Senegal is represented within the Council of the "Foundation educate and act well by teaching adapted from medical science" by an officer designated by the Ministry of higher education and research.

S. 7 - the Minister of economy, finance and the Plan and the Minister of higher education and research are responsible, each in relation to the implementation of this Decree which shall be published in the Official Journal.

Made in Dakar, July 10, 2015 Macky SALL.

By the President of the Republic: the Prime Minister;
Mahammed Boun Abdallah DIONNE statutes 'Foundation educate and good acting by teaching fit of Medical Sciences', abbreviated 'IBAMED Foundation'.

Title I - General provisions Article first. -The constitution it consists by the undersigned a foundation of public utility of Senegalese law governed by laws and regulations, including Act No. 95-11 of 7 April 1995 establishing the Foundation of public utility in Senegal and its application Decree No. 95 - 415 of 15 May 1995 together with the present statutes.

Section 2. -The name of the Foundation is referred to as 'Foundation educate and good acting by teaching fit of medical sciences', abbreviated 'IBAMED Foundation '.

Article 3. -Head Office the Head Office of the Foundation is fixed at Point E Street 2 x Channel 4, Dakar-Senegal.

It can be transferred to any other place in the territory of the Republic of Senegal, in the conditions laid down by articles 18 of Act No. 95 - 11 of 7 April 1995 establishing the Foundation of public utility in Senegal and 10 of Decree No. 95-415 of 15 May 1995 on the implementation of the Act.

Article 4. -The duration the duration of the Foundation is indefinite.

Article 5 -The Foundation purpose:-to support the teachings of Medical Sciences for all activities related to research, education and continuous improvement of the conditions of studies;
-to cultivate the spirit of solidarity and respect between the players of all the structures for teaching and research on the one hand, and on the other hand, with corporations and community-oriented care beneficiary populations;
-to innovate specifically instruction, and education, training and research activities to improve the quality of lessons and good practices of care to populations in the respect of ethics and environmental socio cultural;
-to promote, through assistance and benefits, equity of access of populations to efficient care;
-to organize the medical care (in curative and preventive care) of populations of rural or urban areas and disadvantaged people in outlying areas of town;
-to plan and coordinate, together with the different communities, training, teaching and research in the medical field;
-to work towards their potentiation, to respect in their execution of the national guidance in care and education programmes;
-to work towards the development of the grassroots populations, in respect of ethics and ethics medical, environment and values social and cultural;
-to promote social development through awareness, technology transfer and application of good practices between the institutions, in the field of education in general and especially in that of the Medical Sciences.

Section 6. -The founder of the Foundation is created by Professor El Hadji Ibrahima DIOP.

TITLE II. -ORGANS of the Foundation Council of Foundation and Deputy head section 7. -Foundation Board 7-1. -The Foundation Board consists of six members at least appointed by the founder among the people chosen because of their expertise in the fields of activity of the Foundation or that can contribute to the attainment of its objects for a renewable term of four years.

The replacement of the members of the Foundation Board is done by co-option.

Member of the Foundation Board are free.

The Foundation Board membership is lost by:-death;
-resignation;
-radiation on decision of the Foundation Board.

Foundation Board designates its Chairman among its members and apart from the representatives of the State.

The president of the Foundation Board shall ensure the fulfilment of the objectives of the Foundation.

Chairman of the Foundation Board are provided free of charge.

7-2.-Foundation Board meets at least twice per year or as necessary, convened by the Chairman or at the request of the half at least of its members.

7-3.-the Foundation Board is the supreme body of the Foundation.

It has a general Mission of achieving the objectives of the Foundation, the purpose of the property of the Foundation and the monitoring of heritage and the resources of the Foundation.

It is especially responsible for:-the general orientation of the activities of the Foundation;
-the adoption and control of the application of the manual of procedures;
-the designation of the members of the cell of internal control and the establishment of their remuneration;
-the designation of the Deputy and the fixing of remuneration;
-the designation of the incumbent external auditor and fixing the duration of its mandate;
-approval of the annual programme of activities and the annual budget of the Foundation, as well as signed agreements for the implementation of this programme;
-the approval of the Foundation's annual accounts presented by the Deputy head and the allocation of the net profit for the year.

In addition, under the mission of surveillance and control which lies upon him, the Foundation Board:-a permanent control of the management by the Deputy head and sends any useful guidance.
-takes note of the annual accounts submitted by the general administrator, reports of the cell of OIOS and the Board of Auditors;
-shall ensure compliance with the orders addressed by the State under the administrative and technical supervision and the observations by the internal oversight unit and the Board of Auditors.

Section 8. -The Deputy


8-1.-the general director is appointed by the Foundation Board among its members or outside of them, according to the rules governing the deliberations of the Council provided for in article 7 of these articles of incorporation.

He was chosen because of his professional skills especially in the field of the management of projects or programs.

The general administrator, which is necessarily a natural person, is appointed for a renewable term of four years.

It is revocable at any time by the Foundation Board.

8-2.-the Deputy is responsible for the management of heritage, activities and program of the Foundation, within the limits and under the terms laid down in the manual of procedures.

It represents the Foundation in its dealings with third parties.

It recruits and manages the staff of the Foundation.

TITLE III. -STAFFING initial - resources - DOCUMENTS accountants - exercise SOCIAL Article 9. -The initial Endowment founder brings to the 'IBAMED Foundation' an initial appropriation of an amount of ten nine million five hundred thousand (19.500.000) CFA francs.

This amount is fully released and assigned to the Foundation on the date of signature of the present statutes in the blocked account number SN079 01114 251038340001 84, open in the books of the Bank Islamic du Sénégal (B.I.S.).

Section 10. -The resources of the Foundation are:-the initial staffing and revenues of its management;
-income from the management of the patrimony of the Foundation;
-grants, donations and bequests from any person physical or moral, public or private, without that they can violate the laws and regulations in force in Senegal, or to infringe on the independence of the Foundation;
-events organized by the Foundation.

Section 11. -Accounting documents - social year 11-1. -The Foundation is equipped with a manual of administrative and accounting procedures approved by the Foundation Board. Its application is under continuous monitoring by the Foundation Board.

The Handbook defines and establishes the organizational framework of the Foundation, accounting, financial management and procedures of control and the status of the staff of the Foundation. It specifies the tasks assigned to the control unit.

11-2.-the Foundation shall keep books of accounts and the supporting documents of the operations that it performs.

It establishes annual accounts in accordance with the SYSCOA, generally accepted accounting principles and uniformly applied procedures and practices.

TITLE IV. -Article 12 Foundation supervisory bodies. -Internal control cell 12-1. -The Foundation Board may appoint, apart from its members and the Managing Director, a cell of internal control composed of two members.

Internal Auditors are appointed for a renewable term of three years.

Their remuneration is fixed by the Foundation Board.

12-2.-the internal control unit controls the proper management of the Foundation as well as the implementation of guidelines and decisions of the Foundation Board. It must notably:-ensure compliance, by the Foundation, of the laws and regulations in force in Senegal;
-ensure the safeguarding of the heritage of the Foundation;
-ensure compliance with the objectives set by the Board;
-ensure the correct application of the manual of procedures;
-check the administrative and financial management of the Foundation and ensure the reliability of its accounts as well as their holding in accordance with accounting standards;
-make sure that there is no conflict of interest between the Foundation and the people responsible for its administration, its management and its control.

The Deputy head may if necessary, assign specific tasks to the cell of internal oversight, which reflects it.

The control unit also reports its monitoring mission to the Foundation Board.

To this end, it shall submit each year to the approval a report on the administrative and financial management of the Foundation.

Article 13. -the Auditors 13-1. -Foundation Board designates two licensed Auditors and one alternate auditor, both chosen among the members of the national order of Chartered Accountants and accountants approved Senegal (ONECCA), and registered in the roll of the order in the section of the Auditors.

Cannot be designated as statutory auditors:-the founders, the members of the Foundation, the administrator-general and the staff of the Foundation Board;
-the spouses, parents, and persons allied sus - indicated until the 4th degree inclusive;
-companies Auditors with a partner located in one of the situations referred to in the first two points.

During the three years following the termination of their functions of control of the Foundation, the Auditors cannot be responsible for its administration.

The Auditors are appointed for two years.

His duties end after the meeting of the Foundation Board on the accounts of the second year.

The Auditors are responsible for checking the regularity and the sincerity of the accounts of the Foundation as well as the conformity of the acts thereof with the manual of procedures and regulations in force.

As such, they can be communicate all documents and information they deem useful or necessary to the exercise of their mission.

The Auditors present the Foundation Board reports and results of their work.

Section 14. -Control of the State financial statements and their annexes, the inventory of items of assets and liabilities, the budget estimates, the report on the situation of the Foundation and its short, medium and long term prospects, the annual report on the accounts, the management report of the Deputy head, the Commissioner's report to the accounts should be addressed to the Minister of Finance within a period of one month from the meeting of the Board which ruled on the accounts for the year elapsed.

Section 15. -The Foundation staff can conclude employment contracts with the staff necessary for its functioning under the conditions provided for by the laws and regulations in force in Senegal.

Title V. - MODIFICATION of the statutes - DISSOLUTION - LIQUIDATION Article 16. -The amendment of the articles of the articles may be amended by the Board under the conditions laid down in articles 18 of law No. 95-11 of 7 April 1995 and 10 of Decree No. 95-415 of 15 May 1995.

Article 17. -The dissolution-17-1. -The Foundation Board may decide the dissolution of the Foundation when:-the object of the Foundation is directed or is more feasible.
-operation can no longer be assured.

17-2.-dissolution may also be pronounced by the competent administrative authority for the causes of dissolution provided for in the Act and the decree governing the creation and operation of foundations in force in Senegal.

17-3.-dissolution may be ordered by court decision.

Section 18. -The liquidation 18-1. -The dissolution of the Foundation entails the liquidation of its assets.

18-2.-when the dissolution is decided by the Council of Foundation, it shall appoint, among its members or outside them, one or more liquidators invested greater powers to carry out the liquidation operations.

18-3.-when the liquidation is pronounced by the administrative authority or court decision, the liquidators are appointed by the administrative or judicial authority.

18-4.-recognized institution of public utility status granted to the Foundation by decree it is removed when the dissolution is pronounced.

Which removes the Foundation recognized institution of public utility status, designates the Foundation, the association or the similar purpose similar or related facility who must return the net assets resulting from the liquidation.