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What are the relevant procedures required to establish a foundation?

What are the relevant procedures required to establish a foundation?

To establish a foundation, the following conditions must be met: (1) Established for specific public welfare purposes; (2) The original fund of a national public foundation shall not be less than RMB 8 million, and the original fund of a local public foundation shall not be less than RMB 8 million. 4 million yuan, and the original fund of a non-public foundation shall be no less than 2 million yuan; the original fund must be received monetary funds; (3) Have a standardized name, charter, organizational structure, and full-time work suitable for its activities personnel; (4) Have a fixed residence; (5) Be able to bear civil liability independently. To apply for the establishment of a foundation, the applicant shall submit the following documents to the registration management authority: (1) Application form; (2) Draft articles of association; (3) Capital verification certificate and proof of residence; (4) List of directors, identity certificates and proposed appointments Resumes of the chairman, vice chairman, and secretary general; (5) Documents approved by the business supervisory unit for establishment. Matters required for foundation registration include: name, address, type, purpose, business scope of public welfare activities, original fund amount, and legal representative. If a foundation plans to establish a branch or representative office, it shall submit a registration application to the original registration management authority and submit documents including the name, address, and person in charge of the proposed institution. Procedures The registration management authority shall make a decision to approve or disapprove registration within 60 days from the date of receipt of all valid documents listed in the preceding paragraph. If registration is approved, a "Foundation Branch (Representative) Organization Registration Certificate" will be issued; if registration is not granted, the reasons shall be stated in writing. When an overseas foundation establishes a representative office in mainland China, it must submit the following documents to the registration management authority with the consent of the relevant business authority: (1) Application; (2) Certificate of legal registration and establishment of the foundation overseas and the foundation's articles of association; (3) Identity certificate and resume of the person in charge of the proposed representative office; (4) Proof of residence; (5) Documents from the business supervisory unit agreeing to establish a representative office in mainland China. The registration management authority shall make a decision to approve or disapprove registration within 60 days from the date of receipt of all valid documents listed in the preceding paragraph. If registration is approved, a "Registration Certificate for Overseas Foundation Representative Office" will be issued; if registration is not granted, the reasons shall be stated in writing. Matters required for registration of the establishment of representative offices of overseas foundations include: name, address, business scope and person in charge of public welfare activities. Representative offices of overseas foundations shall engage in public welfare activities that are consistent with the nature of Chinese public welfare undertakings. Overseas foundations shall bear civil liability in accordance with Chinese laws for the civil acts of their representative offices in mainland China. If the registration items of a foundation, foundation branch, foundation representative office, or overseas foundation representative office need to be changed, an application for change registration shall be made to the registration management authority. If a foundation or representative office of an overseas foundation has any of the following circumstances, it shall apply to the registration management authority for cancellation of registration: (1) Termination in accordance with the provisions of the articles of association; (2) Inability to continue to engage in public welfare activities in accordance with the purposes stipulated in the articles of association; (3) ) terminated due to other reasons. If a foundation cancels its branches or representative offices, it shall handle the deregistration of the branches or representative offices with the registration management authority. If the foundation is canceled, its branches and representative offices will be canceled at the same time. Before deregistration, a foundation shall establish a liquidation organization under the guidance of the registration management authority and business supervisory unit to complete the liquidation work. The foundation shall apply for deregistration with the registration management authority within 15 days from the date of completion of liquidation; during the liquidation period, the foundation shall not carry out activities other than liquidation. The establishment, change, 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 management authority. Handled in accordance with the "Foundation Management Regulations" (State Council Order No. 400, March 8, 2004) ---------------------------- -------------------------------------------------- -- 1) First find an affiliated unit. The affiliated unit of a national foundation must be at the deputy ministerial level or above. The affiliated unit of a provincial (municipal) foundation must be at the deputy department level or above. 2) A national foundation must be approved by the central bank. ! Provincial (municipal) foundation approved by the local People’s Bank of China! --------------------------------------------- -----------------------------------------------, the scale of donation income gradually expands , manifested as social groups and individuals actively donating or setting up foundations to fund education. -------------------------------------------------- -------------------------- Depending on their nature, charitable foundations are divided into two forms: public and non-public. Charitable foundations belong to the latter form, that is, the foundation does not have the right to raise donations from the society.