The Foundation
The law (1) defines a foundation as “the act by which one or more natural persons or legal entities decide to irrevocably allocate property, rights or resources to the realization of a nonprofit work of general interest”. The notion of irrevocable allocation is crucial: it guarantees the foundation's durability. Indeed, this notion implies that the assets, rights or resources bequeathed or donated cannot at any time revert to the founder, even in the event of the foundation's dissolution. A foundation is a structure governed by private law, whose purpose is always the realization of a non-profit work of general interest.
The foundation is an incentive for donors and offers the flexibility of private management, while guaranteeing rigorous management through its transparent accounting obligations. The management of a foundation must always be disinterested.
Specific characteristics of a scientific cooperation foundation (FCS) :
The FCS must:
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benefit, from the outset, from resources irrevocably allocated to its purpose and sufficiently high to guarantee its attractiveness,
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have sufficient resources of its own to ensure its operation,
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independence and long-term viability (viable business model).
By definition, the FCS provided for in the French Research Code must meet the following criteria:
1. only legal entities can be founders of an FCS,
2. at least one public research or higher education establishment must be a founder,;
3. the foundation must carry out one or more of the activities mentioned in articles L. 112-1,
4. of the French Research Code and L. 123-3 of the French Education Code.
1 Article 18 of Act no. 87-571 of July 23 1987, as amended , on the development of sponsorship.
The role of the Government Commissioner
Government Commissioner :
In the case of an FCS, the French State must be represented on the Board of Directors by a Government Commissioner, who is, by right, the Rector of the academic region where the foundation is headquartered. Within the PSCC, the Government Commissioner is the Recteur of the Ile-de-France academic region.
Role:
As the guarantor of the legality of the Foundation's decisions, the Government Commissioner also plays an important role in monitoring the Foundation's activities. He alerts the government to any financial risks that may affect the FCS, and acts as an information relay for the French government. The Government Commissioner ensures that the Foundation's strategy is in line with the public service mission of public research and education.
For example, the Government Commissioner ensures that the Foundation's responses to calls for projects correspond to the scope of activities defined in its bylaws.
The Government Commissioner ensures that the Foundation's decisions comply with legal and regulatory requirements, as well as with the Foundation's bylaws and internal regulations.
The Government Commissioner also ensures that the decisions taken by the Board of Directors are sustainable in terms of the Foundation's financial trajectory and its impact on endowment levels.
The financial sustainability of decisions requires particular vigilance, especially when they concern :
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the endowment, whose contributions must not be burdened by charges higher than income.
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loans. It is important to ensure, upstream, that the foundation is able to repay its debts over the entire financial year.
It must ensure that the foundation does not deviate from the objectives for which the State has selected the project and decided to provide funding. In particular, this means keeping abreast of the technical and financial monitoring carried out by the funder (ANR or other), in accordance with the financial agreement signed between the funder and the FCS carrying the project.
It also ensures that FCSs which have a profit-making activity carry it out in a way that is ancillary to their main research activity, andactivity and are managed in a disinterested manner.
Means of action:
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Postponement of meetings of the Board of Directors (The Government Commissioner must be invited to attend meetings of the Board of Directors in an advisory capacity).
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Calling a meeting of the Board of Directors (If he considers it necessary, the Government Commissioner may request a meeting of the)
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Board of Directors. The Chairman is then required to convene the Board of Directors.
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Placing an item on the agenda of the Board of Directors (The Government Commissioner may also request that items be placed on the agenda for discussion by the Board of Directors).