A museum's charter (in some cases called bylaws or articles of association) is an official declaration by the museum's owners regarding its operations and mission. It states various basic information concerning the museum's operations, such as its ownership, mission, geographical area of operation, scope of activities, and legal basis. In accordance with Article 10 of the Museum Act No. 141/2011, approval of a museum's founding document by the museum board is a prerequisite for the museum to obtain recognition under the act.
When the founding document is mentioned here also refers to rules or regulations.
Confirmation of the charter
Confirmation of founding documents:
- A representative of the museum (the director or the chair of the board) shall send a formal request to the museum council for approval of the charter. The request shall be accompanied by two original copies of the charter, signed by the museum's board.
- If the charter meets the requirements of the board of trustees, the charter shall be ratified in two identical original copies, and one shall be kept by the board of trustees and the other by the museum.
- If the founding charter does not meet the requirements of the museum board, the museum will be notified and provided with information on what needs to be improved for the charter to receive the board's approval.
- If changes are made to the museum's charter, the museum shall reapply for the board of trustees' approval.
- When a collection has been recognized, its founding document shall be published in the B-series of the Official Gazette. The Collections Council shall be responsible for the implementation of this provision.
Contents of the founding document
The following items shall be included in the museum's founding charter.
- The legal framework in which the museum operates (e.g., the Museum Act and the Cultural Heritage Act).
- Definition of the museum's role, its objectives, and its general operations (in accordance with Articles 3, 10, and 14 of the Museums Act).
- Definition of The museum's scope and area of operation.
- Information about the owners of the museum, ownership proportions, capital, and form of operation (public institution or private non-profit organization (ses)).
- How the financial operations of the museum will be secured.
- The museum shall not be operated for profit, and it is a condition that any surplus from the museum's operations shall be used for the museum itself.
- Museum Director: The hiring of the Museum Director, his role, his responsibilities, his duties, and his authority. (See below).
- Board of Directors: The role of the museum's board, its composition, and election process – who sits on the board and whom they represent. (See below).
- Provisions for the dissolution of the museum shall be in accordance with Article 12 of the Museums Act. If an accredited museum has received public grants pursuant to section 11 or 22, its museum holdings shall be disposed of in accordance with the provisions of its founding charter or bylaws and in consultation with the relevant parent institution. Other assets shall be disposed of in consultation with the ministry.
The role of the museum's board is, among other things, to
- Ensure the museum has a satisfactory working environment and that employees have satisfactory working conditions.
- Ensure that the collection operates in accordance with the law.
- Secure funding.
- Ensure strategic planning.
- Ensure the independence of the museum.
- Ensure that the museum director is professionally qualified, fulfills their duties, and is accountable.
- Draft and approve the founding charter.
- The museum's board follows the ICOM code of ethics.
Role of the museum director
- The director of a collection acts on behalf of the board (and/or the owner).
- The director of the museum has the autonomy to make decisions for the museum within the approved budget regarding personnel matters, acquisitions, and loans of artifacts, and works in close cooperation with the museum's board on strategic planning.
- The director of the museum is responsible for the museum's operations and the professional aspects of its activities to its board of directors.
- The curator has access to the owner(s) of the collection.
- The museum director follows the ICOM code of ethics.
Note that in the case of non-profit organizations, it is the responsibility of the board to obtain Articles of association of the institution, certified by the County Clerk of Vestfirðir. A founding document approved by the board of trustees is not equivalent to a certified articles of incorporation for a nonprofit organization by the county clerk's office.
This information is provided for guidance, and the Board of Trustees reserves the right to make changes as needed.