基金会设立登记：Original fund amount、理事会构成与公募非公募分类管理

《中华人民共和国慈善法》《基金会管理条例》对基金会的设立与运作作出了系统性规定，以下从设立条件、governance structure、Information list、办理流程及分类管理等方面进行梳理。

基金会设立登记的基本规定

Foundations referred to in the Regulations，refers to the use of natural persons、Property donated by legal persons or other organizations，For the purpose of engaging in public welfare undertakings，A non-profit legal person established in accordance with the provisions of these Regulations。Things to register when establishing a foundation include:：name、address、type、purpose、Business scope of public welfare activities、Original fund amount and legal representative。

理事会与监事的治理结构

The foundation has a board of directors，Directors range from 5 to 25 people，The term of directors is specified in the articles of association，However, each term shall not exceed 5 years。Director's term expires，Can be re-elected。Non-public foundation established with private property，Foundation directors who are closely related to each other，The total number shall not exceed 1/3 of the total number of directors；Other foundations，Close relatives are not allowed to serve on the board of directors at the same time。

Directors receiving remuneration from the foundation shall not exceed 1/3 of the total number of directors。The board of directors has a chairman、Vice Chairman，elected from among the directors，The chairman is the legal representative of the foundation。

The Board of Directors holds at least 2 meetings per year。A board meeting can only be held if more than 2/3 of the directors are present.；Resolutions of the board of directors must be approved by more than half of the directors present to be effective.。

Resolutions on the following important matters，Subject to vote of directors present，2/3The above is valid only if it passes：

Amendments to the Articles of Association；
Elect or remove the chairman、Vice Chairman；
Major fundraising specified in the charter、investment activities；
Split of the Foundation、merge。

Minutes of board meetings should be kept，and reviewed by the attending directors、sign。

The foundation has supervisors，The term of office of supervisors is the same as that of directors.。director、Close relatives of directors and foundation financial personnel are not allowed to concurrently serve as supervisors。Supervisors inspect the foundation’s financial and accounting information in accordance with the procedures stipulated in the articles of association，Oversee the Board’s compliance with laws and charters。Supervisors attend board of directors meetings，Have the right to make inquiries and suggestions to the Board of Directors，and should report to the registration management、Business supervisory unit and taxation、Report from the accounting department。

Foundation Chairman、The Vice Chairman shall not be concurrently held by current national staff.。Legal representative of the foundation，Not allowed to serve as the legal representative of other organizations at the same time。Legal representative of public foundations and non-public foundations with original funds from mainland China，Should be held by mainland residents。

基金会的公益性质与法人定位

in the past，The foundation is classified as a corporate body。But foundations are not based on people，It is an organization based on property，This is fundamentally different from the basic characteristics of a society that is composed of members。

基金会作为非营利组织，Funds should be allocated strictly in accordance with the proportions stipulated by laws and regulations，It shall not be used as a tool for illegally amassing money and making profits.。基金会成员由理事长、Vice Chairman、director、Secretary General、监事等组成，所有决策均需理事成员投票决定，and keep meeting minutes。

基金会设立申请条件

You can apply if you meet all the following conditions：

Established for specific public welfare purposes；
The original fund of a national public foundation shall not be less than 8 million yuan，The original fund of a local public foundation shall not be less than 4 million yuan，The original fund of a non-public foundation shall be no less than 2 million yuan.；The original fund must be the received monetary fund；
standardized name、Charter、Organizational structure and dedicated staff appropriate to its activities；
Have a fixed residence。

基金会经营范围（五选二）

助医

Fund research on the prevention and treatment of medical institutions and their major related high-risk diseases、Academic exchange and cooperation、Document publishing。

Poverty alleviation

Aid poor areas、Funding poverty alleviation projects such as improving the living standards of poor households；
Caring for and supporting vulnerable groups，Support and fund employment training public welfare projects for poor and vulnerable groups；
Support the development of poor areas，Committed to improving the living conditions of people in poor areas，improve living standards。

Student aid

Fund school construction、Improvement of teaching facilities projects and other public welfare undertakings for students。

shirt disease

Provide funding for poor and vulnerable groups to seek medical treatment for serious illnesses；
Providing medical aid knowledge and dissemination projects for patients in poverty-stricken areas；
Support and reward research and development in the medical field、Achievements transformation、Good individuals and institutions for innovative applications。

Disaster relief

Funding public welfare assistance activities for natural disasters，Provide help to people trapped in major disasters；
Relief from natural disasters、Damage caused by emergencies such as accidents, disasters and public health emergencies。

List of information required

5More than 100 members of the Board of Directors，elect a chairman from，The chairman cannot serve as a legal person of any company。Personnel must provide their household registration or social security card or residence permit where the foundation is located；
Copy of business license of the sponsoring company；
20010,000 paid registered capital；
Proof of venue use。

Process and time

Preliminary material collection and production；
Submit material name for approval；
Material supplement；
Submit the entire set of information for review，Set up a capital verification account，Accounted for 2 million；
Review successful，领取基金会法人登记证书。

Processing time：4about months。

基金会的公益性质要求

The Regulations clarify the public welfare nature of foundations，Emphasizing the importance of public welfare purposes。Public welfare is the essential characteristic of foundations，是基金会设立的根本目的。Ensure the public welfare of the foundation，It is the fundamental task of the Regulations。The beneficiaries of public welfare organizations are usually unspecified individuals and groups.，任何个人或群体只要符合其宗旨和业务范围要求，can be funded by。The foundation's funds come from society，Serve the society。

Sources of funds for non-public charitable foundations，Funds should be raised through legal channels stipulated in the management regulations.，No public fundraising is allowed。

公募基金会与非公募基金会的分类管理

为什么将基金会分为公募基金会和非公募基金会两类？《条例》将基金会分为公募基金会与非公募基金会两类，Implement classified management。The difference between the two lies in the source of the fund：Public foundations can raise funds from the public；The funds of non-public foundations come from donations from specific individuals or organizations.，No funds may be solicited from the public。

The existing foundations in my country are mainly public foundations，It’s for the society、A foundation that collects donations from the general public。In the history of the development of foreign foundations,，A large number of individuals and corporate donations have emerged，Foundation established in one's own name。This type of foundation is a non-public foundation，It is an important type of foundation，Because it has abundant financial resources、Stablize，Operational performance is related to the reputation of the donor，So these types of foundations tend to work well，Contributed greatly to public welfare undertakings。

The "Regulations" provide classified management of foundations，Explicitly allow the establishment of non-public foundations，Can achieve two purposes：on the one hand，Strictly manage fundraising activities for the public，Maintain order in fundraising，Control competition in the fundraising market，Reduce public burden，maintain social stability；on the other hand，liberalization policy，allow wealthy individuals、Enterprises, etc. set up non-public foundations，Enable them to realize their donation wishes more autonomously，enable them to contribute to social welfare while，It can also bring good social benefits to itself。In short，Encourage funding of public welfare projects to rely more on wealthy individuals or companies。