《基金会管理条例》明确了基金会的公益性质,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,保障基金会的公益性是该条例的根本任务。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。
Charitable Foundation Application Requirements
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。
慈善基金会经营范围
基金会经营范围需从以下方向中选择两项:
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;
- 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。
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。
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。
慈善基金会需提供资料清单
- 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。
慈善基金会办理流程及时间
- 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。
基金会管理条例核心规定
《中华人民共和国慈善法》《基金会管理条例》规定:
- 本条例所称基金会,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。
- 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。
基金会资产管理与公益支出要求
The nature of foundations in the country、The establishment conditions and procedures are stipulated。According to relevant regulations,The threshold for establishing a foundation is relatively high。in addition,"Foundation Management Regulations" stipulates,A foundation is a non-profit organization,can be safe、Preserve and increase the value of foundation assets through reasonable means。但基金会管理条例同时要求,Foundation expenditures for public welfare undertakings,Not less than the current year’s income (donations accepted、70% of capital operating income)。
In the context of increasing difficulty in approving charitable foundations and suspension of approval,You can consider acquiring existing charitable foundation licenses in the form of cooperation or mergers and acquisitions,More time-saving。
基金会原始基金标准的确定依据
ask:《条例》对基金会的设立基金标准是如何分类的?
answer:The "Regulations" classify the standards for the establishment of foundations:National public foundations with a minimum amount of 8 million yuan,Local public foundations shall have no less than 4 million yuan,Non-public foundations must have an amount of no less than 2 million yuan。The establishment funds of public foundations are higher than those of non-public foundations.;Among public foundations, national public foundations have higher funds than local public foundations.。
There are three considerations in determining this standard::
- Limit excessive growth in the number of public foundations,Encourage the establishment of non-public foundations。
- Ensure that the foundation has the ability to actively carry out public welfare activities and maintain its own operations。
Analysis shows,The original fund of the public foundation is more than 8 million yuan,The original fund of a non-public foundation is more than 2 million yuan,Only then can we have the strength to carry out public welfare activities and maintain our own operations.。
Consider existing foundation situations。According to incomplete statistics,Only about half of national foundations have funds of more than 10 million。Except for a few developed areas, local foundations,Fewer assets。中国人民银行1999年的统计数据显示,有近40%的地方性基金会的基金未能达到现行规定的210万(或等值外汇)的标准。From this point of view,The fund established by a public foundation should be slightly less than 10 million yuan,However, the scope of local public fundraising foundations is relatively small.,The establishment of a fund should be lower than that of a national public foundation。Taking into account the above factors,确定了基金会设立基金的标准。
For existing foundations that do not meet the standards for establishing a fund,In accordance with the relevant provisions of the "Administrative Licensing Law",会保留登记,但以后将按照《条例》的要求督促和帮助它们进行整改、Integrate。

