(1) Established for a specific public welfare purpose;
(2) The original fund of the national public offering foundation is not less than 8 million yuan, the original fund of the local public offering foundation is not less than 4 million yuan, and the original fund of the non-public offering foundation is not less than 2 million yuan; The original funds must be the money received;
(3) Having a standardized name, articles of association, organizational structure and full-time personnel suitable for its activities;
(4) Having a fixed residence;
(5) Being able to bear civil liability independently.
Article 9 To apply for the establishment of a foundation, the applicant shall submit the following documents to the registration authority:
(1) an application;
(2) Draft articles of association;
(3) capital verification certificate and residence certificate;
(4) The list of directors, identity certificates and resumes of the proposed chairman, vice-chairman and secretary-general;
(5) The document that the competent business unit agrees to set up.
Article 10 The articles of association of a foundation must specify the public welfare nature of the foundation, and may not specify the contents that will benefit specific natural persons, legal persons or other organizations.
The articles of association of the foundation shall specify the following items:
(1) Name and domicile;
(two) the purpose and business scope of the public welfare activities;
(3) The original fund amount;
(4) The composition, powers and rules of procedure of the school board, qualifications of directors, procedures for formation and term of office.
(five) the responsibilities of the legal representative;
(six) the duties, qualifications, procedures and term of office of the supervisor.
(seven) the preparation and examination system of financial and accounting reports;
(eight) property management and use system;
(nine) the conditions and procedures for the termination of the foundation and the disposal of the property after termination.
Article 11 The registration authority shall, within 60 days from the date of receiving all valid documents listed in Article 9 of these Regulations, make a decision on whether to approve or disapprove the registration. If the registration is approved, it shall be issued with the Certificate of Registration of Foundation as a Legal Person; If the registration is not granted, the reasons shall be explained in writing.
The contents of foundation establishment registration include: name, domicile, type, purpose, business scope of public welfare activities, original fund amount and legal representative.
Article 12 When a foundation establishes a branch or representative office, it shall file an application for registration with the original registration authority, and submit documents such as the name, domicile and person-in-charge of the proposed institution.
The registration authority shall, within 60 days from the date of receiving all valid documents listed in the preceding paragraph, make a decision on whether to approve or disapprove the registration. If the registration is approved, the registration certificate of the branch (representative) of the foundation shall be issued; If the registration is not granted, the reasons shall be explained in writing.
The establishment registration of branches and representative offices of the foundation includes: name, domicile, business scope of public welfare activities and person in charge.
Branches and representative offices of the foundation carry out activities according to the authorization of the foundation and do not have legal person status.
Article 13 To establish a representative office in the mainland of China, an overseas foundation shall submit the following documents to the registration authority after obtaining the consent of the relevant competent business units:
(1) an application;
(two) the certificate of the foundation's legal registration and establishment abroad and the articles of association of the foundation;
(3) The identity certificate and resume of the person in charge of the proposed representative office;
(4) proof of residence;
(5) The document that the competent business unit agrees to set up a representative office in the mainland of China.
The registration authority shall, within 60 days from the date of receiving all valid documents listed in the preceding paragraph, make a decision on whether to approve or disapprove the registration. If the registration is approved, the Registration Certificate for Representative Offices of Overseas Foundations shall be issued; If the registration is not granted, the reasons shall be explained in writing.
The establishment and registration of representative offices of overseas foundations include: name, domicile, business scope of public welfare activities and person in charge.
The representative offices of overseas foundations shall engage in public welfare activities that conform to the nature of public welfare undertakings within the territory of China. Overseas foundations shall bear civil liability for the civil acts of their representative offices in the mainland of China in accordance with the laws of China.
Fourteenth foundations and overseas representative offices of foundations shall, after registration in accordance with these regulations, handle tax registration according to law.
The representative offices of foundations and overseas foundations shall apply for the organization code, seal engraving and bank account opening according to law with the registration certificate.
The representative offices of foundations and overseas foundations shall report the organization code, seal style, bank account number and tax registration certificate to the registration authority for the record.
Article 15 Where the registered items of a foundation, a branch of a foundation, a representative office of a foundation or a representative office of an overseas foundation need to be changed, they shall apply to the registration authority for registration of change.
The foundation shall obtain the consent of the competent business unit and report to the registration authority for approval when amending its articles of association.
Article 16 In any of the following circumstances, a foundation or a representative office of an overseas foundation shall apply to the registration authority for cancellation of registration:
(1) Termination in accordance with 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) Termination for other reasons.
Article 17 Where a foundation revokes a branch or representative office, it shall go through the cancellation of registration of the branch or representative office with the registration authority.
If the foundation is cancelled, its branches and representative offices shall be cancelled at the same time.
Article 18 Before going through the cancellation of registration, a foundation shall set up a liquidation organization under the guidance of the registration authority and the competent business unit to 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 19 The establishment, alteration and cancellation of registration of foundations, foundation branches, foundation representative offices and overseas foundation representative offices shall be announced to the public by the registration administration organ.
References:
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