Charitable trust refers to the trustee's management and disposition of his property for the purpose of charity, so as to carry out public welfare activities in line with the charity law. The beneficiaries of charitable trusts are unspecified people in society, not individuals or organizations designated by the clients. The establishment, alteration and termination of charitable trusts need to go through the filing procedures.
Charitable trust has the following basic elements and characteristics:
1. trust purpose: charitable trust must aim at charity, that is, promoting social welfare undertakings and social welfare undertakings, meeting the needs of the public, protecting social interests and promoting social harmony.
2. Beneficiary scope: The beneficiaries of charitable trusts are not individuals or organizations designated by the clients, but unspecified people in society, such as the poor, the disabled, the elderly, children and environmentalists.
3. Independence of trust property: the property of public trust is legally separated from the property of the trustor, trustee and beneficiary, and can only be used for trust purposes without being affected by their debts or other rights and obligations.
To sum up, charitable trust fund is a special trust fund for charity purpose, aiming at contributing to social welfare undertakings. Through the establishment of charitable trust funds, donors can support the charitable causes they care about for a long time and make positive contributions to social development.
Legal basis:
the charity law of the people's republic of china
Article 44
The charitable trust mentioned in this Law belongs to the charitable trust, which refers to the act that the trustor entrusts his property to the trustee according to law for charitable purposes, and the trustee manages and disposes in the name of the trustee according to the wishes of the trustor, and conducts charitable activities.
Article 45
The establishment of public trust and the determination of trustee and supervisor shall be carried out in writing. The trustee shall, within seven days from the date of signing the charitable trust document, file the relevant documents with the civil affairs department of the people's government at or above the county level where the trustee is located.
Those who fail to report the relevant documents to the civil affairs department for the record in accordance with the provisions of the preceding paragraph shall not enjoy tax concessions.
Article 46
The trustee of a charitable trust can be a charitable organization or a trust company determined by the trustor.
Article 47
If the trustee of a charitable trust violates the trust obligations or is difficult to perform his duties, the trustor may replace the trustee. The changed trustee shall, within seven days from the date of change, report the change to the original civil affairs department for re-filing.