Chapter I General Provisions
Article 1 Shanghai Cultural Development Foundation (hereinafter referred to as the Society), as a non-profit public offering institution, widely mobilizes enterprises, domestic and foreign fund organizations, non-governmental organizations and individuals to make voluntary donations, pool various social resources and fund public cultural undertakings.
Article 2 The Association shall set up a special fund under the Association according to the articles of association and the wishes of the donors, and invest the donated funds into designated cultural projects according to the preferences and interests of the donors. Donations to the association will enjoy preferential tax policies stipulated by the state and Shanghai.
Article 3 In order to standardize the management of special funds, safeguard the legitimate rights and interests of donors, beneficiaries and associations, and promote social forces to participate in public welfare cultural undertakings, in accordance with the Law of People's Republic of China (PRC) on Public Welfare Donation, the Regulations of the State Council on the Management of Foundations, the spirit of document No.41issued by the State Council, and the articles of association (hereinafter referred to as the Measures).
Article 4 The special fund established by this Association shall be protected by law, and this Association and its staff shall not privately divide, occupy or misappropriate the special fund.
Chapter II Sources of Special Funds
Article 5 The term "special fund" as mentioned in these Measures refers to the legal donations accepted by the association according to law and put into designated cultural projects and purposes according to the wishes of the donors.
Article 6 Sources of special funds:
(a) donations from domestic and foreign organizations and people from all walks of life;
(2) Value-added income realized by special funds;
(3) Other lawful income.
Chapter III Council of the Special Fund
Article 7 The board of directors of special funds is the decision-making body for the management and use of special funds, which is composed of fund promoters, other directors and special directors of this Association. The fund sponsor can be a long-term unchanging member of the board of directors of the fund and the core decision-maker of special fund affairs.
Article 8 The list of members of the board of directors of special funds shall be approved by the board of directors and the competent department at a higher level.
Article 9 The special fund board shall have a chairman, several vice-chairmen, several directors or a secretary-general. The chairman and directors shall be determined by the fund sponsors in consultation with relevant units, and at least one director of the association shall implement the seat system. The vice-chairman and the secretary-general are elected by the Council.
Article 10 People from all walks of life at home and abroad who agree with the articles of association of the special fund, are enthusiastic about cultural and artistic undertakings, can actively participate in fund activities and undertake and complete related tasks entrusted by the special fund board, and can become directors of the special fund upon application, approval by the special fund board and approval by the association board and the higher authorities.
Eleventh fund directors have the right to participate in and supervise the work of the fund; Have the right to participate in various activities of the IMF; Have the obligation to abide by the articles of association of the fund, implement the resolutions of the board of directors and actively complete the task of fund allocation.
Article 12 The functions of the special fund council are as follows:
(1) Formulating and amending the articles of association of the fund;
(2) Electing the vice-president and the secretary-general;
(3) Examining and approving the annual work plan, budget and final accounts of the Fund;
(four) to decide on the implementation and inspection of the work plan of the fund-funded projects;
(five) to add and remove directors, secretary general and vice president;
(6) Deciding on other important matters of the Fund.
Article 13 The fund board is responsible for the daily management and operation of special funds, and this Association has the right to supervise the daily management and operation of funds.
Chapter IV Use of Special Funds
Article 14 Special funds are specific donations. After signing the donation agreement with the donor, the association will set up a special account for the special fund. According to the document "Guo Fa [2000] No.41"in the State Council, donors can enjoy preferential tax policies for charitable donations with the donation bills issued by the Association.
Fifteenth special fund expenditures must be made by the resolution of the board of directors of the fund and signed by the chairman of the fund. The scope of use of the special fund shall be within the scope covered or stipulated in the articles of association of the special fund, and shall not be used for expenditures outside the scope of the articles of association.
Sixteenth special funds should set up independent special bank accounts, independent accounting, separate accounts, financial work by the financial department of the Association.
Seventeenth special funds must comply with the relevant financial system, audit system and social supervision system.
Chapter V Preservation and appreciation of special funds
Article 18 The special fund board is responsible for maintaining and increasing the value of special funds, and the fund board shall maintain and increase the value of special funds in accordance with the principles of legality, safety and effectiveness.
Nineteenth special funds can be deposited in financial institutions to collect interest, but also through the purchase of bonds and other ways to maintain and increase the value, but not for venture capital.
Article 20 The Council of Special Funds may also entrust this Council to carry out the work of maintaining and increasing the value of special funds, and this Council may entrust professional institutions to carry out the work of maintaining and increasing the value of special funds.
Chapter VI Management Supervision
Article 21 Management of special funds by this Association:
(1) Providing legal protection: Donations to the special funds established by this Association are protected by law.
(2) Free service: The Association provides free professional financial services for the donation of special funds set up by the Association to ensure the smooth and standardized use of special funds.
(3) Implementing financial supervision: ensuring that special funds are used within the scope stipulated in the articles of association.
Article 22 The Association shall follow the principle of openness and transparency in the financial management of special funds, and the Council of Special Funds and fund donors shall promptly and truthfully answer inquiries about the expenditure of special funds.
Article 23 The Association shall submit a summary of the financial year to the Council of Special Funds every year.
Article 24 If the special fund suffers losses due to violation of the Articles of Association and these Measures, the Association will instruct the responsible person to bear the corresponding liability for compensation.
Twenty-fifth before the change of legal representative, the association shall make final accounts of the special fund account to ensure the continuity of the special fund and the rights and interests of the donors.
Twenty-sixth special funds and fund board members shall not have any behavior that damages the reputation of the association, or use the reputation of the association to carry out inappropriate activities. In case of violation, the association has the right to terminate the operation of the special fund until the establishment of the special fund is cancelled.
Article 27 If the special fund (including fixed assets) is less than RMB 1 00,000 yuan and the shortage time exceeds1year, FSC will liquidate the special fund. After liquidation, the remaining assets shall be owned by the Association, and the special fund shall be dissolved by itself.
Chapter VII Supplementary Provisions
Article 28 The right to interpret and amend these Measures belongs to this Association.