How to apply for a charitable foundation license? Which agency is the best?

Conditions for applying to establish a foundation Hong Kong Xintong - Application process for establishing a foundation Hong Kong Xintong - Application for establishing a foundation Hong Kong Xintong—

1. Conditions for establishing a foundation Natural person、Legal persons or other organizations can apply to establish a foundation,Applicants can be donors to the foundation,It can also be other citizens or organizations that are enthusiastic about public welfare undertakings. Foundations are divided into public foundations(Can raise funds from the public)and non-public foundations(Don't solicit donations from the public).Public foundations can carry out fund-raising according to the geographical scope,They are divided into national public foundations and local public foundations. The following conditions must be met to establish a foundation.:(1)Established for specific public welfare purposes;(2)The original fund of a national public foundation shall not be less than RMB 8 million.,The original fund of a local public foundation shall not be less than RMB 4 million.,The original fund of a non-public foundation shall not be less than RMB 2 million.,The original fund of a non-public foundation registered with the Ministry of Civil Affairs shall not be less than 20 million yuan.;The original fund must be the received monetary fund;(3)standardized name、Charter、Organizational structure and dedicated staff appropriate to its activities;(4)Have a fixed residence;(5)Ability to independently bear civil liability.
2. Procedure for establishing a foundation(1)After review and approval by the business supervisory unit,Submit all valid application materials to the registration management authority;(2)After review by the registration management authority,permitted to register,After the applicant completes the registration procedures online,,Issue a legal person registration certificate to the foundation;(3)After the foundation is registered,You should apply for seal engraving at the Civil Service Center of the Ministry of Civil Affairs;Apply for an organization code certificate at the National Organization Code Center,Apply for tax registration at the tax department,Open a bank account at a bank,And report it to the registration management authority for record.
3. The relevant department of the State Council or the organization authorized by the State Council determines the foundation’s business supervisory unit.,It is a foundation registered with the Civil Affairs Department of the State Council、Business supervisory unit of overseas foundation representative office;Province、autonomous region、Relevant departments of the people's governments of municipalities directly under the Central Government or provincial、autonomous region、Organizations authorized by the people's governments of municipalities directly under the Central Government,It's a province、autonomous region、The business supervisory unit of the foundation registered with the civil affairs department of the municipal people's government.
4. foundation name

Require

(1)The name of the foundation should include the font size in order、Business scope of public welfare activities,And with”foundation”End of words,The name of a public foundation does not need to use a font size;(2)National public foundations can be used in the name”China”、”China”、”Nationwide”、”nation”and other words,Non-public foundations are not allowed to use the above words;(3)Local public foundations and provincial、autonomous region、Non-public foundations registered by the civil affairs department of the people's government of the municipality directly under the Central Government shall be named after the county level or administrative division above the county level where they are located.;Named with the name of an administrative division below the provincial level,You can also add the province you are in、autonomous region、Name of municipality;Named with the name of a municipal district,should also be titled with the name of the city;(4)Non-public foundations can use the names of natural persons as their font size.、The name or trade name of a legal person or other organization,The name of a public foundation must not use the name of a natural person、The name or trade name of a legal person or other organization.

1. The composition of the foundation’s organizational structure(1)The Board of Directors is the decision-making body of the Foundation,Board size: 5 to 25 people;(2)Non-public foundation established with private property,Foundation directors who are closely related to each other,The total number shall not exceed one-third of the total number of directors;Other foundations,Persons with close relatives are not allowed to serve on the Board of Directors at the same time;(3)The foundation has supervisors,The term of office of supervisors is the same as that of directors.,Foundation Director、Close relatives of directors and accounting personnel are not allowed to concurrently serve as supervisors;(4)Directors receiving remuneration from the foundation shall not exceed 1/3 of the total number of directors;Supervisors and directors who do not hold full-time jobs in the foundation shall not receive remuneration from the foundation.;(5)When a foundation director has personal interests related to the interests of the foundation,Not allowed to participate in decision-making on related matters;Foundation Director、Supervisors and their close relatives are not allowed to have any transactions with the foundation.
2. The person in charge of the foundation was selected

Require

The heads of the foundation include the chairman、Vice Chairman、Secretary General.(1)Foundation Chairman、The vice-chairman and secretary-general shall not be concurrently held by current national staff;The chairman of the foundation is the legal representative;The legal representative of the foundation shall not serve as the legal representative of other organizations at the same time.;(2)Legal representative of public foundations and non-public foundations with original funds from mainland China,Should be held by mainland residents;(3)Sentenced to surveillance for crime、Criminal detention or fixed-term imprisonment,Less than 5 years have passed since the completion of the sentence,Those who have been sentenced to deprivation of political rights due to crimes are currently being executed or have been sentenced to deprivation of political rights.,He also served as the chairman of a foundation that had its registration revoked due to violations of the law.、Vice Chairman or Secretary General,and is personally responsible for the foundation’s illegal acts.,It has not been more than 5 years since the foundation was cancelled.,Not allowed to serve as chairman of the foundation、Vice Chairman or Secretary General;(4)Served as Chairman of the Foundation、Hong Kong residents of the Vice Chairman or Secretary General、Macao residents、Taiwan residents、foreigner,The period of stay in mainland China shall not be less than 3 months each year.7、Used by foundation assets

Require

(1)The foundation shall be legally、Safety、Effective principles to achieve fund value preservation、value added;(2)Publicly raised foundations are used every year to engage in public welfare expenditures stipulated in the charter.,No less than 70% of the total income of the previous year;Non-public foundations are used every year to engage in public welfare expenditures stipulated in the charter.,No less than 8% of the fund balance of the previous year;(3)Foundation staff salaries, benefits and administrative office expenses shall not exceed 10% of the total expenses for the year;(4)The foundation carries out charity funding projects,The types of public welfare funding projects carried out and the applications for them should be announced to the public.、Review process.

1. When the foundation applies for establishment,Documents that applicants should submit(in duplicate,At least one original copy):(1)Establishment registration application form(Reasons for setting up a foundation,and applicants(major donor)Basic information and participation in recent years、Support for public welfare undertakings;Basic information about the foundation,include:name、purpose、Business scope、Original Fund and its Donors、Chairman, etc. The application form shall be signed or stamped by the applicant);(2)Documents from the business supervisory unit agreeing to the establishment and registration(State your consent to the establishment of the foundation and agree to serve as its business supervisory unit、assume corresponding responsibilities,Stamped with national emblem);(3)Draft Charter(Prepared in accordance with the model text of the Articles of Association);(4)Proof of residence rights(The residence is rented,A copy of the lease contract and a copy of the real estate certificate must be provided;Accommodation provided free of charge by other organizations or individuals,Must be certified by property owner,And provide a copy of the property ownership certificate);(5)Donation commitment letter from the funding source unit or individual(Indicate the amount of donation you intend to make、As the original capital for the proposed foundation,Promise that the funds will be the legal property of the donor,Signature of the donor or seal of the donating unit);(6)"Foundation Director、Supervisor Registration Form" and a copy of the identity document(Including the proposed Vice Chairman、Secretary General、director、supervisor,One table per person,Stamp the seal of your employer);(7)Secretary-General’s full-time commitment letter(Commitment to work full-time as secretary-general after the establishment of the foundation,My signature,Stamped with the seal of the personnel department of the unit where you work);(8)"Foundation Legal Person Registration Application Form";(9)"Foundation Legal Representative Registration Form";(10)"Foundation Charter Approval Form";After passing the preliminary review,The applicant goes to the Ministry of Civil Affairs to obtain the capital verification notice,Conduct capital verification.
2. After the foundation is established and a bank account is opened,,You can apply to transfer activity funds back to the foundation account,Materials required to be submitted(One copy):(1)Capital transfer application form,should include the following:Capital verification purpose;Reply to the document number for establishment registration;The amount of funds requested to be transferred back;Bank name and account number(The application form shall be signed by the legal representative of the foundation and stamped with the seal of the foundation.).(2)Copy of foundation bank account opening license.
3. Application for foundation tax-exempt status After the foundation is formally established and obtains the legal person registration certificate and seal,You can apply for pre-tax deduction qualifications and tax exemption qualifications for public welfare donations in accordance with relevant laws and regulations.(1)Application for pre-tax deduction qualifications for public welfare donations is based on the Ministry of Finance、State Administration of Taxation、"Notice on Issues Concerning Pre-tax Deduction of Public Welfare Donations" jointly issued by the Ministry of Civil Affairs(Finance and Taxation [2008] No. 160)and its supplementary notices(Finance and taxation[2010]45Number)regulations,Newly established foundation less than one year old,You can apply for pre-tax deduction qualifications for public welfare donations. When applying, you should also report to the Ministry of Finance、tax、The civil affairs department shall submit the following materials respectively::①Application report;②Copy of registration certificate issued by the Ministry of Civil Affairs or the civil affairs department of the local people’s government at or above the county level;③Articles of Association. The civil affairs department is responsible for preliminary review of the foundation’s qualifications.,financial、The tax department, together with the civil affairs department, will jointly review and confirm the pre-tax deduction qualifications for public welfare donations. For foundations that have obtained the pre-tax deduction qualifications for public welfare donations,by the Ministry of Finance、The State Administration of Taxation and the Ministry of Civil Affairs and the Provincial、autonomous region、municipality、Finance of a city under separate planning、The taxation and civil affairs departments jointly publish the list every year. The public welfare donations made by enterprises or individuals to the foundations on the list in the year to which the list belongs,Pre-tax deductions can be made in accordance with regulations. The donor of the original fund makes the income tax final settlement in the year when the foundation first obtains the pre-tax deduction qualification for public welfare donations.,Pre-tax deductions can be made in accordance with regulations.(2)Foundations applying for tax-exempt status can apply according to the Ministry of Finance、The provisions of the "Notice on Issues Concerning the Management of the Determination of Tax-Free Qualifications for Non-Profit Organizations" issued by the State Administration of Taxation,Submit an application for tax exemption qualification to the local tax authority. After the foundation obtains tax exemption qualification,Five categories of income, including donated income, are exempt from corporate income tax。

Guidelines for Foundations Registered with the Ministry of Civil Affairs How to Establish a Charitable Foundation?Shenzhen specializes in license application processing，Our company adheres to the principle of "integrity"、major、high quality、Provide services to customers with the purpose of "efficient"，We are willing to cooperate sincerely with all new and old customers。Conditions and procedures for establishing a charitable foundation?Shenzhen Business Co., Ltd. Hong Kong Xintong-Address：

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