Status of the Institut Curie : fight against cancer
FIRST TITLE
AIMS OF THE INSTITUT CURIE
ARTICLE 1
In the interests of science and patients, and through close interdisciplinary cooperation between physicists, chemists, biologists and physicians, the Foundation called the Institut Curie, formerly known as the Fondation Curie-Institut Curie du Radium, state-approved by the decree of 27 May 1921, modified on 26 July 1930, 19 August 1970 and the 23 May 1978, proposes, to develop:
- Basic and applied scientific research in the fields of physics, chemistry, biology, radiobiology and medicine, with a view to putting science at the service of humankind to help in the fight against disease, especially cancer;
- Existing or future medical means necessary to this end.
The Institut Curie has its headquarters in Paris, at 26 rue d'Ulm. These headquarters can be moved anywhere else in France on the decision of its Board of Directors.
ARTICLE 2
To achieve the aims defined above, the Institut Curie proposes to undertake the following actions:
- To develop research laboratories and clinical and therapeutic departments, completed by new facilities;
- To provide teaching in the areas that correspond to its activities and to its vocation;
- To introduce study grants and research fellowships and the training of researchers and physicians;
- To publish bulletins, reports, science books to promote awareness of its work and results, and of other organizations to which it is linked;
- To develop with legal, public or private entities all cooperations that fall within the remit of the Institut Curie;
- To create scientific prizes.
The activities defined above are exercised, in particular, within:
- A Research Section,
- A Medical Section.
To implement the said activities and to harmonize them with those of other organizations, the Institut Curie concludes all useful agreements with public authorities, state-owned and private companies, universities, and public and private teaching, healthcare, and research institutions and bodies.
TITLE II
ORGANIZATION
ARTICLE 3
The Institut Curie is administered by a Board of Directors assisted by the directors of the Medical and Research Sections (see article 2).
The Board of Directors comprises:
1. The founding members:
a) * The government administrative representative of the Académie de Paris, the University Commissioner of Education or his/her representative,
* The Institut Pasteur, in the person of its director or his/her representative;
b) * Mr. Pierre Joliot
* Prof Jean Coursaget
* Mr. Jacques Thierry
* Mr. Jean-Louis Wormser or the successor each designates.
These successors can, in turn, name their own successors, and so on;
2. Ex officio members:
* The Minister of the Interior or his/her representative;
* The Minister of Health or his/her representative;
* The Minister for Universities or his/her representative;
* The Minister of Research or his/her representative;
* The Mayor of Paris or his/her representative;
* The general director of the National Center for Scientific Research or his/her representative;
* The general director of the Institute of Health and Medical Research or his/her representative;
* The general director of the Paris Regional State Health Insurance Office or his/her representative;
3. The members elected by the serving Board of Directors:
a) Representatives of the scientific and medical personnel of the sections: three representatives of the Medical Section and three representatives of the Research Section;
b) at least six and no more than nine members likely to contribute to the development of the Institut Curie.
Members are appointed for six years.
The terms of the election of the key figures referred to in section 3.1. are fixed by Institut Curie internal policies and procedures.
The terms of office of outgoing members can be renewed.
The director of the Medical Section and the director of the Research Section are present at the deliberations of the Board of Directors and exercise consultative powers.
In the case of the death or resignation of a member of the Board of Directors, his/her replacement is provided for under the conditions specified above.
The elected members of the Board of Directors holding office at the time of publication of the decree approving the present statutes will continue to sit on the Board of Directors until the end of their term of office.
ARTICLE 4
The Board of Directors elects a committee of six to eight members, including the president, two vice-presidents, a secretary and a treasurer.
Committee members are appointed for no more than six years and can be re-elected.
The director of the Medical Section and the director of the Research Section attend the committee's meetings.
ARTICLE 5
The Board of Directors is assisted by a Scientific Board.
Scientific Board members are appointed by the Board of Directors at the suggestion of the president, following advice from the director of the Medical Section and from the director of the Research Section, the respective scientific committees having been consulted.
The particular structure and the modus operandi of the Scientific Board are fixed by the internal policies and procedures of the Institut Curie.
The Board of Directors can end the term of office of any Scientific Board member who fails to attend two consecutive meetings without justification.
ARTICLE 6
The directors of the two sections are assisted by their respective scientific committees.
In addition to the director/president, each scientific committee includes:
- Members of the scientific and medical personnel working in the section's laboratories or departments, elected by their colleagues;
- Members of the scientific and medical personnel of the section, appointed by the Board of Directors on the suggestion of the section director;
- Members of the scientific and medical personnel of the other section, appointed by the Board of Directors on the suggestion of the section director;
- Outside members appointed by the Board of Directors on the suggestion of the section director.
The particular structure and modus operandi of each scientific committee are fixed by the internal policies and procedures of the Institut Curie.
The Board of Directors can end the term of office of any Scientific Board member who fails to attend two consecutive meetings without justification.
TITLE III
POWERS AND OPERATIONS
ARTICLE 7
The Board of Directors meets at least twice a year, and also whenever it is convened by its president or at the written request of one quarter of its members.
For resolutions of the Board of Directors to be valid, a majority of members in office must be present. If the quorum is not reached, a new convocation is organized under the conditions defined by the internal policies and procedures. The Board can then legitimately take decisions if at least half of the members are present or represented.
In the event of a tie in the voting, the president has the casting vote.
Any member who is prevented from attending a Board meeting can give his/her proxy to another Board member who will attend the meeting, but no member can give more than two proxies.
Minutes are taken at meetings and are signed by the president and the secretary.
Mission and travel expenses apart, members of the Board of Directors are not remunerated for the exercise of their duties.
ARTICLE 8
Through its deliberations, the Board of Directors decides the affairs of the Institut Curie. In particular:
- It decides on the general activity programs of the Institut Curie departments;
- It passes the budget and approves the accounts;
- It adopts the internal policies and procedures;
- It establishes through personnel statutes the rules for recruitment, promotion and remuneration of the different categories of personnel paid by the Institut Curie;
- It creates and axes jobs;
- It makes appointments to the senior positions at the Institut Curie according to the internal policies and procedures;
- It approves all draft contracts or agreements;
- It authorizes all legal action, as petitioner or defendant;
- It deliberates under the conditions provided for in article 11 below, on the appointment of the Institut Curie section directors;
- It appoints two auditors and two replacement auditors who meet the conditions stipulated by the law and by the regulatory arrangements which complete it. The auditors are appointed for a period of six tax years. Their duties end after the Board of Directors rules on the accounts of the sixth tax year. They certify that the annual accounts of the Institut Curie are in order and honest and faithfully represent the results of the transactions of last tax year, the financial situation, and the property and assets of the Institut Curie at the end of this tax year;
- It considers the annual reports presented by each section director on the financial and ethical situation of his/her section. It also discusses the treasurer's financial report and summary ethical report which the Committee must present every year.
The Committee conducts investigations into all the affairs submitted to the Board of Directors.
In their respective areas, the president and the treasurer see to the implementation of the decisions of the Board of Directors.
Between meetings, the president of the Board of Directors takes all decisions required by the running of the Institut Curie, if possible after consulting with the Committee, notably legal action, as petitioner or defendant. At the next board meeting, the president must present a report of his/her actions and decisions.
The Board of Directors can confer the honorary status of the rank or position held by any member of the Board of Directors or of the Institut Curie.
ARTICLE 9
Resolutions of the Board of Directors concerning transfer of movables that depend on endowments and on all real estate, and the taking out of mortgages and loans, are only valid after administrative approval.
Resolutions of the Board of Directors concerning the acceptance of donations and legacies are only valid after administrative approval has been given under the conditions provided for by the legislation and statutory texts in force.
ARTICLE 10
The president of the Board of Directors represents the Institut Curie in civil matters. He/She authorizes Institut Curie expenditure.
The president delegates his/her powers to the director of the Medical Section and to the director of the Research Section in terms of the order to pay the sums listed in each section's budget.
The president makes appointments to the higher positions of the Institut Curie in execution of the resolutions of the Board of Directors and to the positions listed in the joint part of the budget.
The treasurer collects the receipts and defrays the expenses of the Institut Curie. Under the authority of the president of the Board of Directors, the treasurer manages the reserve fund and endowment fund.
The president delegates to the general secretary of the Medical Section and to the general secretary of the Research Section his/her authority to collect the receipts and defray the expenses of each section's budget.
With the agreement of the Board of Directors, the president can delegate part of his/her authority to any Institut Curie member he/she designates.
The president and the treasurer are assisted by the general secretary of the Institut Curie.
ARTICLE 11
Within the framework of the general policy decided on by the Board of Directors, the Medical Section and the Research Section are each headed by a director assisted by a general secretary.
Each section's director is appointed by the Board of Directors on the suggestion of its president, following advice from the scientific committee of the section concerned and of the Scientific Board of the Institut Curie.
The director of the Medical Section must be a doctor of medicine. His/her nomination is subject to approval by the Minister of Health.
Each director is appointed for five years. The term of office is renewable. After two terms, further renewal may exceptionally be possible.
The director must receive a majority vote from serving members of the Board of Directors.
ARTICLE 12
Each section director, in respect of the provisions of article 1, under the authority of the Board of Directors, ensures the running of the section for which he/she is responsible. After agreement of the Board of Directors, each section director can delegate his/her signing authority to certain members of his/her personnel. On the president's authority, he/she authorizes the expenses in the part of the Institut Curie budget pertaining to his/her section and ensures the administrative management of affairs relating to his/her section's activities.
ARTICLE 13
The Scientific Board deliberates on the main goals of the Institut Curie and on its activity programs before they are submitted to the Board of Directors for approval. It gives its opinion on the creation, termination and hosting of research training courses, after consultation with the scientific committee concerned, and on the nomination of section directors.
ARTICLE 14
The scientific committee of each section of the Institut Curie deliberates on the section's activity programs.
It helps the section director determine how to organize research, teaching, medical applications and, more generally, all the scientific and technical activities undertaken by the section in the framework of the general programs adopted by the Board of Directors.
It gives its opinion on the appointment of the director, on the creation and axing of scientific and medical positions, and on the appointments to these positions. It gives its opinion on the creation, termination and hosting of research training courses.
ARTICLE 15
The Institut Curie is run with the support of:
- Scientific, medical, technical, administrative staff and the Institut Curie's own services;
- Scientific, medical, technical, administrative staff of the institutions with which the Institut Curie has reached an agreement, in accordance with the provisions of article 2.
TITLE IV
FINANCIAL MANAGEMENT
ARTICLE 16
The endowment fund of the Institut Curie comprises:
- The rights to property or occupancy for the buildings previously made available to the Institut Curie du Radium, according to agreements reached between the Board of Directors of the Fondation Curie-Institut Curie du Radium on the one hand, and relevant university boards and the board of the Institut Pasteur on the other hand. Also, all rights of the same kind made available afterwards to the Institut Curie;
- The real estate of the Institut Curie;
- All movables or real estate specifically allocated to the endowment fund by the legatee or the donor, and at least one tenth of the surplus of the joint part of the Institut Curie's budget.
The reserve fund includes the other resources, except for annual resources.
ARTICLE 17
The Institut Curie reserve fund is credited with:
- All donations and legacies not allocated by the donor or the legatee specifically to one of the two sections, and not allocated to the endowment fund;
- At most 90% of the annual remainder of the joint part of the Institut Curie budget.
The Institut Curie reserve fund is debited:
- All sums allocated by the Board of Directors to the sections for their facilities and their operations, this allocation respecting any authorized allocations;
- All expenses deemed useful for the running of the Institut Curie;
- All expenses needed for reserve fund management.
The endowment fund and the reserve fund are invested in stocks and shares quoted or not on the official French or foreign stock exchanges, in negotiable proof of debt, treasury bills, real estate necessary to the designated goal or revenue-earning real estate such as woods, forests, land for afforestation, farms and all premises built or to be built, and capital allocated to the acquisition, fitting-out or construction of these premises.
ARTICLE 18
The Institut Curie annual resources comprise:
- Interest and financial products from the endowment fund and the reserve fund;
- Any subsidies received;
- Products of authorized gifts;
- Products of signed research contracts;
- Payments and contributions of all kinds made by companies or firms in application of particular legal terms;
- Payments made by persons admitted as trainees;
- Income from resources created exceptionally;
- Income of all kinds;
- And, for the Medical Section, all resources linked to medical activities provided for by the regulations in force.
The use of funds from all the subsidies on public funds accorded during the last tax year are justified to the regional prefect, the prefect of Paris, the Minister of the Interior, and to each minister concerned.
ARTICLE 19
The Institut Curie budget comprises the Medical Section budget, the Research Section budget and a joint budget.
The following are included in receipts in that part of the budget pertaining to the Medical Section and in that part pertaining to the Research Section:
- Any subsidies received;
- Products of donations and authorized gifts allocated to them;
- The product of signed research contracts;
- Contributions of all kinds made to them by companies or firms in application of particular legal terms;
- Payments made be persons admitted as trainees;
- Products of resources created exceptionally and which are allocated to them;
- Subsidies from the joint part of the Institut Curie budget in the framework of the directives or decisions of the Board of Directors;
- And, for the Medical Section, all resources linked to medical activities provided for by the regulations in force.
The joint part of the budget includes the following:
- Those annual resources not directly allocated to the Medical Section and to the Research Section;
- Reserve fund withdrawals decided by the Board of Directors.
The part of the budget pertaining to each of the two sections is prepared by the section director, and the joint part of the budget by the president. The treasurer is responsible for the overall budget.
The overall Institut Curie budget composed in this way is submitted for consideration by the Board of Directors, which gives its decision in the quarter preceding the year of execution of the budget.
ARTICLE 20
The financial accounts of each section are decided on the authority of the president and the treasurer, under the responsibility of each director, and the financial accounts of the joint budget under the responsibility of the president and the treasurer.
The financial accounts are summarized by the treasurer in a report which includes the endowment fund and the reserve fund.
Institut Curie accounts covering each section's accounts and the joint budget accounts, and the treasurer's summary report, are presented for approval by the Board of Directors during the first half-year following the closure of the corresponding management.
TITLE V
AMENDMENTS TO STATUTES - DISSOLUTION
ARTICLE 21
The present statutes can only be modified after two meetings of the Board of Directors, held at least two months apart. Amendments will only be finally adopted if they are voted for at the second meeting by three quarters of the members in office.
ARTICLE 22
In the case of dissolution, or withdrawal of state approval, the Board of Directors designates one or more commissioners to liquidate the property and assets of the Institut Curie. The Board shares out the net assets between public or state-approved organizations with similar objectives.
The resolutions are immediately sent to the Minister of the Interior, the Minister of Health, the Minister for Universities, and the Minister of Scientific Research.
If the Board of Directors has not taken the measures indicated, these will be implemented by decree. Holders of funds, securities, books and archives belonging to the Institut Curie will give them up legitimately into the hands of the liquidator designated by the said decree.
The resolutions of the Board of Directors, provided for in article 21 and in the present article, are only valid after government approval.
TITLE VI
MISCELLANEOUS TERMS
ARTICLE 23
Statutory internal policies and procedures fix the detailed conditions necessary for the preparation of the present statutes. They are adopted by the Board of Directors, sent to the Paris authorities and can only come into force after approval by the Minister of the Interior. They can always be modified in the same form.
ARTICLE 24
Reports of work carried out at the Institut Curie bear the latter's name. Before publication, a report must be brought to the attention of the section director. If the report is not approved by the section director, it is submitted to the Scientific Board.
Unless otherwise stipulated, discoveries made in its departments belong to the Institut Curie, whether or not they result in issue of a patent. Patent applications are made as stipulated by internal policies and procedures.
ARTICLE 25
The annual reports of the Board of Directors, the budgets and the accounts are sent to the Minister of the Interior, the Minister of Health, the Minister for Universities, the Minister of Scientific Research and the prefect of Paris.
ARTICLE 26
The Minister of the Interior, the Minister of Health, the Minister for Universities, and the Minister of Scientific Research are entitled to send their delegates to visit the various departments depending on the Institut Curie and to receive reports of its running.
09/11/2010
