EDUCATIONAL CHARITY FOUNDATION for GHANA

PREAMBLE:

Educational Charity Foundation for Ghana (GECF) is a non-profit organization established to help build schools in deprived rural areas in Ghana and provide educational opportunities for needy children.

A number of kids in schools in rural Ghana attend classes outside under trees. They sit in the scotching heat all day and classes are disrupted anytime it runs. There is lack of supplies for school activities.

Most of the parents of these kids cannot afford to buy writing materials and books. Trained teachers refuse to relocated to such area because of poor living conditions and lack of accommodation.

These are neglected areas in the country and the government is doing very little to help with these schools.

ARTICLE 1: NAME

The Foundation shall be called “Educational Charity Foundation for Ghana” herein referred to as “The Foundation”

ARTICLE II: AIMS & OBJECTIVES

• (i) Help build infrastructure for rural schools in Ghana. A number of rural schools attend classes outside in the opening under trees. Classes are disrupted anytime there is bad weather.
• (ii) Provide school supplies to underprivileged children
• (iii) Help poor kids achieve their educational dreams by providing scholarships
• (iv) Provides incentives for the teachers in the rural areas: help accommodate them and help retain their services
• (v) Provide for services that help improve the lives of the students, such as safe drinking water and good sanitation condition

ARTICLE III: POWERS

The Foundation shall have the power, directly or indirectly, alone or in conjunction or cooperation with others, to do any lawful acts which may be necessary or convenient to affect the charitable purposes, for which the Foundation is organized, and to aid or assist other organizations or persons whose activities further accomplish, foster, or attain such purposes.

The powers of the Foundation may include, but not be limited to, the acceptance of contributions from the public and private sectors, whether financial or in-kind contributions

Nonprofit Status and Exempt Activities Limitation

• a. Nonprofit Legal Status: Educational Charity Foundation for Ghana is a North Carolina non-profit public charity corporation, recognized as tax exempt under Section 501(c)(3) of the United States Internal Revenue Code
• b. Exempt Activities Limitation: Notwithstanding any other provision of this constitution, no director, officer, employee, member, or representative of this corporation shall take any action or carry any activity by or on behalf of the Foundation not permitted to be taken or carried on by an organization exempt under Section 501(c)(3) of the Internal Revenue Code as it now exists or may be amended, or by any organization contributions to which are deductible under Section 170(c)(2) of such Code and Regulations as it now exists or may be amended. No part of the net earnings of the Foundation shall inure to the benefit or be distributable to any director, officer, member, or other private person, except that the Foundation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purpose set forth in the Articles of Incorporation and this constitution.

ARTICLE IV: FINANCE

The Foundation’s income shall be derived from donations (cash and educational supplies) and fund-raising activities. Fund-raising programs will be organized from time to time.

A bank account shall be opened in the name of the Foundation with the Chairman of the Foundation and one other board member as he signatories of Foundation checks.

ARTICLES V: BOARD MEMBERS:

Without prejudice to any other provision in this Constitution, the executive powers of the Foundation shall be vested in a committee made up of the board members.

The board will consist of a chairman and five (5) other members who will help run the foundation.

Members of the board will serve for a period of two (2) years. Members will be eligible for reappointment. There shall be no term limit.

The chairman of the board shall be responsible for making the day to day decisions in consultation with the members of the board, or the foundation. The Board shall meet every quarter either in person or tele-conference.

ARTICLE VI: DISSOLUTION OF FOUNDATION

The Foundation may be dissolved at any time if agreed by at least two thirds (2/3) of members of the Board.

Upon termination or dissolution of the Foundation, any assets lawfully available for distribution shall be distributed to one (1) or more qualifying organizations described in Section 501(c)(3) of the1986 Internal Revenue Code (or described in any corresponding provision of any successor statute) which organization or organizations have a charitable purpose which, at least generally, includes a purpose similar to the terminating or dissolving corporation.

ARTICLE VII: POLICIES OF FOUNDATION

a) Conflict of Interest

The Foundation shall adopt and periodically review a conflict of interest policy to protect the Foundation’s interest when it is contemplating any transaction or arrangement which may benefit any director, officer, employee, affiliate, or member of a committee with board-delegated powers.

The “Conflict of Interest Policy” is to protect the Foundation’s interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or Trustee of the Association or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflicts of interest applicable to nonprofit and charitable organizations.

b) Nondiscrimination Policy

The officers, directors, committee members, employees, and persons served by this Foundation shall be selected entirely on a nondiscriminatory basis with respect to age, sex, race, religion, national origin, and sexual orientation. It is the policy of the Foundation not to discriminate on the basis of race, creed, ancestry, marital status, gender, sexual orientation, age, physical disability, veteran’s status, political service or affiliation, color, religion, or national origin.

c) Prohibited Activities

No part of the net earnings of the Foundation shall inure to the benefit of or be distributable to, its members, directors, officers, or other private persons except that the Foundation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of purpose set forth in this constitution of the Association.

No substantial part of the activities of the Foundation shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the Foundation shall not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office.

Notwithstanding any other provisions of these articles, the Foundation shall not carry on any activities not permitted to be carried on (a) by an Association exempt from federal income tax under Section 501(c)(3) of the Code or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Code.

ARTICLE VIII: COUNTERTERRORISM AND DUE DILIGENCE POLICY

In furtherance of its exemption by contributions to other organizations, domestic or foreign, Educational Charity Foundation of Ghana shall stipulate how the funds will be used and shall require the recipient to provide the Association with detailed records and financial proof of how the funds were utilized.

Although adherence and compliance with the US Department of the Treasury’s publication the “Voluntary Best Practice for US Based Charities” is not mandatory, Educational Charity Foundation of Ghana willfully and voluntarily recognizes and puts to practice these guidelines and suggestions to reduce, develop, reevaluate and strengthen a risk-based approach to guard against the threat of diversion of charitable funds or exploitation of charitable activity by terrorist organizations and their support networks.

Ghana Association of Fayetteville shall also comply and put into practice the federal guidelines, suggestion, laws and limitation set forth by pre-existing U.S. legal requirements related to the combating terrorist financing, which include, but are not limited to, various sanctions programs administered by the Office of Foreign Assets Control (OFAC) in regard to its foreign activities.

ARTICLE IX: ADOPTATION OF THE BY-LAWS

This by-laws has been approved and accepted by members of the board of Education Charity Foundation of Ghana