Article 1 The name of this Foundation is China Aerospace Foundation, and its English name is:
China Aerospace Foundation (CSF).
Article 2 This Foundation belongs to the national public offering foundation. The geographical scope of the Foundation's fundraising for the public is the people of China and at home and abroad.
Article 3 China Aerospace Foundation is established by the General Armament Department of the People's Liberation Army of China, China Aerospace Science and Technology Corporation and China Aerospace Science and Technology Corporation.
Article 4 The purpose of this Foundation is to serve China's space industry. Reward meritorious personnel who have made outstanding contributions to China's space industry; Funding aerospace academic exchanges and personnel training; Support aerospace academic research and technology development; Support the establishment of friendly exchanges and cooperation with foreign aerospace industry-related organizations; Carry out space science education, raise national space awareness and promote the development of space industry.
Article 5 The original fund amount of this Foundation is RMB11000000 yuan, which comes from donations from compatriots in Hong Kong and Macao. Article 6 The registration authority of this Foundation is the Ministry of Civil Affairs of the People's Republic of China, and the competent business unit is the Commission of Science, Technology and Industry for National Defense of the People's Republic of China (hereinafter referred to as the Commission of Science, Technology and Industry for National Defense).
Article 7 The domicile of the Foundation is located in Hua Ting Jiayuan, Chaoyang District, Beijing.
Chapter II Scope of Business
Article 7 The business scope of public welfare activities of the Foundation:
(1) Raising space funds and accepting donations from all walks of life at home and abroad;
(two) give full play to the advantages of space resources and carry out activities such as title sponsorship in domestic and foreign enterprises;
(three) according to the provisions of the state management and operation of the fund, so that the fund value;
(4) Rewarding meritorious personnel who have made outstanding contributions to China's space industry within the General Armament Department of China People's Liberation Army, China Aerospace Science and Technology Corporation and China Aerospace Science and Technology Corporation;
(5) Supporting academic exchanges and research in space;
(6) Organizing and supporting the training of space science and technology personnel; (7) Supporting space technology development and scientific and technological consultation;
(eight) to publicize China's space industry, carry out space science education, and raise national space awareness;
(nine) to carry out various business activities within the scope permitted by national policies.
Chapter III Person in Charge of the Organization
Article 8 The China Aerospace Foundation implements the board system. The Council is the highest authority of the Foundation.
The board of directors of the Foundation consists of 25 directors. The term of office of the directors of the foundation is five years, and they can be re-elected at the expiration of the term.
Article 9 Qualifications of directors:
(a) the chairman, vice chairman, secretary general and deputy secretary general of the foundation;
(2) Representatives of major donors or donor units;
(3) Representatives of the founding units of the Foundation;
The directors of the Foundation should love the motherland, enthusiastically support China's space industry, have a high reputation and influence in the domestic space industry, have a good social reputation and social ethics, and are willing to work for the China Space Foundation and fulfill their obligations.
Article 10 Election and removal of directors:
(1) The directors of the first board of directors shall be nominated by the competent business unit, major donors and promoters respectively and determined through consultation.
(2) When the board of directors is re-elected, the competent business unit, the board of directors, major donors and donors initiate the establishment of this unit, and * * * negotiate with each other to produce candidates, and organize a leading group for general election, and organize all candidates to elect a new board of directors.
(3) The replacement or increase of directors shall be approved by the board of directors and reported to the competent business unit for approval; (four) the results of the election and recall of directors shall be reported to the registration authority for the record;
Article 11 Rights and obligations of directors:
(1) Attend the meetings of the board of directors, participate in major decisions of the Foundation, examine and approve various rules and regulations formulated by the Foundation, and put forward suggestions and opinions on the daily work of the Foundation;
(two) to exercise the right to vote and stand for election in the Council;
(3) The directors of the foundation have the obligation to consciously implement the purpose of the foundation, consciously implement the resolutions of the board of directors, safeguard the interests of the foundation, publicize the foundation and serve the foundation.
Article 12 The decision-making body of the Foundation is the Council, which exercises the following functions and powers:
(a) to formulate and amend the articles of association;
(two) to elect and recall the chairman, vice chairman and secretary general;
(3) Deciding on plans for major business activities, including plans for fund raising, management and use;
(four) to examine and approve the annual budget and final accounts;
(5) Examining and approving the award scheme of the Foundation and commending personnel;
(6) Examining and approving the internal management system;
(7) Deciding to set up offices, branches and representative offices;
(eight) to decide on the appointment and removal of the Deputy Secretary General and the heads of various institutions;
(nine) to listen to and consider the work report of the Secretary-General, and to inspect and supervise the work of the chairman, vice-chairman and the Secretary-General;
(10) To decide on the division, merger or termination of the foundation;
(eleven) to decide on other major issues.
Article 13 The Council shall hold two plenary meetings every year. The meeting should be called by the chairman.
If more than one third of the directors propose to convene a board meeting, a meeting must be held. If the chairman is unable to convene, it shall be convened by the vice-chairman or the Secretary-General.
When convening a board meeting, the chairman or convener shall notify all directors and supervisors five days in advance.
Article 14 A meeting of the board of directors can only be held when more than two thirds of the directors are present; The resolution of the board of directors shall be valid only if it is approved by more than half of the directors present.
Resolutions on the following important matters shall be valid only after voting by the directors present and approval by more than two-thirds of the directors: (1) amending the articles of association;
(two) to elect or recall the chairman, vice chairman and secretary general;
(3) Major fund-raising and investment activities stipulated in the articles of association;
(4) Division and merger of foundations.
Article 15 Minutes of meetings of the Council shall be made. Where a resolution is made, minutes shall be made on the spot, which shall be reviewed and signed by the directors present at the meeting. If the resolution of the board of directors violates laws, regulations or articles of association and causes losses to the foundation, the directors who participated in the resolution shall bear the responsibility. However, if it is proved that the director opposed the voting and recorded it in the minutes of the meeting, he may be exempted from liability.
Article 16 The Foundation shall have one supervisor. The term of office of a supervisor is the same as that of a director, and can be re-elected at the expiration of the term.
Article 17 Directors, close relatives of directors and foundation accountants shall not be employed.
Supervisor.
Article 18 Election and removal of supervisors:
(1) The supervisors shall be selected by the major donors and the competent business unit respectively;
(two) the registration authority according to the needs of the work;
(3) The change of supervisors shall conform to the procedures for its formation.
Article 19 Rights and obligations of supervisors:
The supervisors shall inspect the financial and accounting materials of the foundation according to the articles of association of the foundation, and supervise the compliance of the board of directors with laws and the implementation of the articles of association.
The supervisor has the right to raise questions and suggestions to the board of directors, and report the situation to the registration authority, the competent business unit and the competent tax and accounting departments.
Supervisors shall abide by relevant laws and regulations and the articles of association of the Foundation, faithfully perform their duties, set an example, be honest and realistic, care for and support the construction and development of the Foundation, and faithfully serve the aerospace industry.
Article 20 The number of directors who receive remuneration from the foundation shall not exceed one third of the total number of directors. Supervisors and directors who do not hold full-time positions in the foundation shall not receive remuneration from the foundation.
Twenty-first foundation directors shall not participate in the decision-making of related matters when their personal interests are related to the interests of the foundation; Directors, supervisors and their close relatives of the Foundation shall not engage in any transactions with the Foundation.
Article 22 The Board of Directors of the Foundation shall have a chairman, a vice-chairman and a secretary-general, who shall be elected from among the directors.
Article 23 The chairman, vice-chairman and secretary-general of a foundation must meet the following conditions:
(1) has great influence in the space field;
(2) The maximum age of the chairman, vice-chairman and secretary-general shall not exceed 70, and the secretary-general shall be full-time;
(3) Being in good health and able to stick to normal work;
(4) Having full capacity for civil conduct.
Article 24 A person under any of the following circumstances may not serve as the chairman, vice-chairman and secretary-general of the Foundation:
(a) belongs to the current national staff, or initiated the formation of units outside the personnel;
(2) Being sentenced to public surveillance, criminal detention or fixed-term imprisonment for a crime, and the execution has not been completed for more than five years;
(3) Being sentenced to deprivation of political rights due to a crime, being executed or being sentenced to deprivation of political rights;
(4) Being the chairman, vice-chairman or secretary-general of a foundation whose registration has been cancelled due to violation of laws, and being personally responsible for the illegal acts of the foundation, and less than five years have passed since the date of cancellation of the foundation.
Twenty-fifth Hong Kong residents, Macao residents, Taiwan Province residents and foreigners who serve as the chairman, vice-chairman or secretary-general of the Foundation shall stay in the mainland of China for not less than three months each year.
Article 26 The term of office of the chairman, vice-chairman and secretary-general of the Foundation is five years, and in principle, they may not be re-elected for more than two terms. If it is really necessary to be re-elected due to special circumstances and work needs, it must be voted by the special procedures of the Council, reported to the competent business unit for review, and approved by the registration authority before taking office.
Article 27 The chairman of the foundation is the legal representative of the foundation. The legal representative of the foundation does not concurrently serve as the legal representative of other organizations.
The legal representative of the Foundation shall be a resident of Chinese mainland.
During the term of office of the legal representative of the Foundation, if the Foundation violates the Regulations on the Administration of Foundations and the Articles of Association, the legal representative shall bear relevant responsibilities. If the legal representative neglects his duty, resulting in illegal acts or property losses of the Foundation, the legal representative shall bear personal responsibility.
Article 28 The Foundation may, if necessary, employ celebrities from the aerospace industry and society as honorary presidents.
Article 29 The chairman of the Foundation shall exercise the following functions and powers:
(1) Convening and presiding over the meetings of the Council;
(two) to check the implementation of the resolutions of the Council;
(3) To lead the work of the Foundation;
(4) Signing important documents on behalf of the Foundation;
The vice chairman and secretary general of the Foundation shall work under the leadership of the chairman, and the secretary general shall exercise the following functions and powers:
(1) To preside over the daily work of the Foundation and organize the implementation of the resolutions of the Council;
(2) Organizing the implementation of the annual work plan and public welfare activity plan of the Foundation;
(3) To draw up plans for raising, managing and using funds;
(4) To formulate internal management rules and regulations of the Foundation and submit them to the Council for approval;
(5) Coordinating the work of various institutions of the Foundation;
(six) in consultation with the sponsors, put forward suggestions for the appointment and removal of the Deputy Secretary-General and the person in charge of finance, and report them to the Council for decision;
(seven) to propose the appointment or dismissal of the principal responsible persons of various institutions, which shall be decided by the Council;
(eight) to decide on the employment of full-time staff in various institutions;
(9) The articles of association and other powers granted by the board of directors.
Article 30 The Foundation shall establish the China Aerospace Fund Award Expert Evaluation Committee.
At the Committee meeting, the Committee invited senior experts in the aerospace field and heads of personnel departments of relevant units to attend, and was responsible for awarding the China Aerospace Fund Award.
Article 31 A foundation may set up an office in an economically developed area to be responsible for fundraising and liaison work in this area.
Article 32 The Deputy Secretary-General of the Foundation, the person in charge of the office and the staff shall be dispatched by the sponsor. The staffing, organizational relations, administrative relations and supply relations of the dispatched personnel are all in the original unit, which is responsible for the management, and the affiliation remains unchanged.
The staff should have strong working ability and organization and coordination ability, love the space industry and work for the foundation voluntarily.
Chapter IV Management and Use of Assets
Article 33 The Foundation is a public offering foundation, and its capital income comes from:
(1) Social donation: voluntary donation by natural persons, legal persons or other organizations;
(2) government funding;
(three) initiated the establishment of unit funding;
(4) Income from business activities within the scope permitted by national laws and regulations;
(five) according to the title sponsorship right approved by the State Administration for Industry and Commerce, to carry out the title sponsorship income;
(6) Other lawful income.
Article 34 A foundation shall organize donations and accept donations in accordance with the purpose stipulated in the articles of association and the business scope of public welfare activities, and consciously abide by laws and regulations.
Article 35 When organizing fund-raising, the foundation shall publicize the detailed plan of public welfare activities and the use of raised funds. Major fund-raising activities shall be reported to the competent business unit and the registration authority for the record.
The Foundation shall not apportion donations in any form or in disguised form.
Article 36 The property and other income of the Foundation shall be protected by law, and no unit or individual may occupy, privately divide or misappropriate it.
Article 37 A foundation shall use its assets in accordance with the purpose and business scope of public welfare activities as stipulated in its articles of association; If the donation agreement stipulates the specific use of the donation method, it shall be used in accordance with the donation agreement.
When the donated materials cannot be used for the purpose of the foundation, the foundation can auction or sell them according to law, and the income will be used for the purpose of donation.
Article 38 The property of the Foundation shall be mainly used for:
(1) Rewarding meritorious personnel who have made outstanding contributions to China's space industry;
(2) Supporting academic exchanges and research in space;
(3) Organizing and supporting the training of space science and technology talents;
(4) Supporting space technology development and scientific and technological consultation;
(five) to publicize China's space flight and carry out space science education;
(6) Relevant funds required by the Foundation to carry out various public welfare activities.
Thirty-ninth foundations should follow the principles of legality, safety and effectiveness to maintain and increase the value of foundation funds.
According to the principle established when the foundation was established, all funds must serve the founding unit.
The right to use the fund belongs to the board of directors.
Article 40 the annual expenditure of the foundation for engaging in public welfare undertakings as stipulated in the articles of association shall not be less than 70% of the total income of the previous year.
The work benefits and actual administrative expenses of the staff of the Foundation shall not exceed 65,438+00% of the total expenditure of the year.
Forty-first foundation to carry out public welfare funded projects, it shall disclose the types of public welfare funded projects and the application and evaluation procedures.
Forty-second donors have the right to inquire about the use and management of donated property from the Foundation, and put forward opinions and suggestions. The foundation shall give a timely and true answer to the donor's inquiry.
If the foundation uses the donated property in violation of the donation agreement, the donor has the right to require the foundation to abide by the donation agreement or apply to the people's court to cancel the donation or terminate the donation agreement.
Article 43 A foundation may sign an agreement with the donee to stipulate the mode and amount of funding, as well as the use and method of funds.
The foundation has the right to supervise the use of funds. If the recipient fails to use the grant as agreed or violates the agreement, the Foundation has the right to terminate the grant agreement.
Article 44 With the approval of the State Administration for Industry and Commerce, the foundation may carry out fund-raising activities sponsored by the title according to law.
When undertaking title sponsorship, if the intermediary entrusted by the Foundation facilitates the sponsorship contract, the Foundation shall pay an appropriate proportion of intermediary service fees to the entrusted intermediary in accordance with Article 426 of Chapter 23 of the People's Republic of China (PRC) Contract Law, "If the intermediary facilitates the establishment of the contract, the client shall pay remuneration as agreed". If the broker fails to facilitate the sponsorship contract, it shall be implemented in accordance with the provisions of Article 427 of the People's Republic of China (PRC) Contract Law, "If the broker fails to facilitate the contract, he shall not demand payment".
Article 45 The Foundation shall implement the unified national accounting system, conduct accounting according to law, establish and improve the internal accounting supervision system, and ensure the legality, truthfulness, accuracy and completeness of accounting data.
The Foundation accepts the tax supervision and accounting supervision implemented by the competent tax and accounting departments according to law.
Article 46 The Foundation is equipped with accountants with professional qualifications. Accounting personnel shall not concurrently serve as cashiers. When an accountant transfers his job or leaves his post, he must go through the handover procedures with the recipient.
Article 47 The business and accounting year of the Foundation is from June+10/October 1 day to February 1 year, 6438. Before March 3 1, the board of directors will examine and approve the following matters:
(a) the business report and final accounts of the previous year;
(2) Annual business plan and budget;
(3) List of property (list of donors in the current year and related materials).
Article 48 The foundation shall conduct annual inspection, change of appointment, change of legal representative, liquidation and financial audit.
Forty-ninth foundations shall accept the annual inspection organized by the registration authority in accordance with the provisions of the Regulations on the Administration of Foundations.
Article 50 After passing the annual inspection by the registration authority, the Foundation will publish the annual work report in the media designated by the registration authority and accept public inquiries and supervision.
Chapter V Termination and Disposal of Surplus Property
Article 51 The Foundation shall be terminated under any of the following circumstances:
(a) to achieve the purpose stipulated in the articles of association;
(two) unable to continue to engage in public welfare activities in accordance with the purposes stipulated in the articles of association;
(3) Division or merger of foundations;
(four) due to other special circumstances need to terminate.
Article 52 If the foundation terminates, the board of directors shall propose a motion and submit it to the board of directors for deliberation after the sponsors agree. Report to the competent business unit for approval within 15 days after the voting by the board of directors. Apply to the registration authority for cancellation of registration within 15 days after the approval of the competent business unit.
Article 53 Before canceling the registration, the foundation shall, under the guidance of the registration administration organ and the competent business unit, put forward a plan through consultation among the sponsors, set up a liquidation organization and complete the liquidation work.
The foundation shall cancel the registration with the registration authority within 15 days from the date of liquidation; Activities other than liquidation shall not be carried out during the liquidation period.
Article 54 After the cancellation of the foundation, the remaining property shall be used by the promoters for public welfare undertakings and announced to the public under the supervision of the promoters, business authorities and registration authorities.
Chapter VI Revision of Articles of Association
Article 55 Any amendment to the Articles of Association shall be reported to the competent business unit for approval within 65,438+05 days after the adoption of the Articles of Association by the board of directors. After examination and approval by the competent department of business, it shall be reported to the registration authority for approval.
Chapter VII Supplementary Provisions
Article 56 The Articles of Association was approved by the board of directors on 1 month 13, 2008.
Article 57 The right to interpret the Articles of Association belongs to the Council.
Article 58 The Articles of Association shall come into force as of the date of approval by the registration authority.
The first annual bill of Shaanxi financial investment support "Qin Chuangyuan" was officially announced.