慈善,慈善信托第一,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 (which can solicit donations from the public) and non-public foundations (which cannot solicit donations from the public).。
Public foundations can carry out fund-raising according to the geographical scope,Divided into national public foundations and local public foundations。
To establish a foundation, the following conditions must be met::
- Established for specific public welfare purposes;
- 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;
- standardized name、Charter、Organizational structure and dedicated staff appropriate to its activities;
- Have a fixed residence;
- Ability to independently bear civil liability。
second、The special name of the foundation
Require
。
- The name of the foundation should reflect the business scope of public welfare activities,The name of the foundation should include the font size in order、Business scope of public welfare activities,and ends with the word "Foundation",The name of a public foundation does not need to use a font size,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;
- National public foundations should use “China” in their names、"China"、"Nationwide"、"Country" and other words。
Non-public foundations are not allowed to use the above words。
- 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;
- 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。 third、Conditions for the person in charge of the foundation。 The heads of the foundation include the chairman、Vice Chairman、Secretary General。
- 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.;
- Legal representative of public foundations and non-public foundations with original funds from mainland China,Should be held by mainland residents;
- 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.,以及曾在因违 法被撤销登记的基金会担任理事长、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;
- 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。
fourth、The composition of the foundation’s organizational structure。
- The Board of Directors is the decision-making body of the Foundation,Board size: 5 to 25 people;
- 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;
- 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;
- 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.;
- 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。
fifth、Procedure for establishing a foundation。
- After review and approval by the business supervisory unit,Submit all valid application materials to the registration management authority;
- 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;
- 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。
sixth、Determination of foundation registration and management authority。
- The civil affairs department of the State Council and the provincial、autonomous region、The civil affairs department of the people's government of the municipality directly under the Central Government is the registration and management authority of the foundation.;
- Foundations that must register with the Ministry of Civil Affairs include:National public foundation;拟由非内地居民担任法定代表人的基金会慈善,慈善信托
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