Current location - Trademark Inquiry Complete Network - Tian Tian Fund - Constitution of peking university education foundation
Constitution of peking university education foundation
Article 1 The name of this Foundation is peking university education foundation. English name is Peking University Education Foundation of China, abbreviated as PKUEF.

Article 2 The Foundation is a non-public offering foundation.

Article 3 The Foundation is a non-governmental non-profit organization that manages the funds donated to Peking University at home and abroad.

Article 4 The purpose of this Foundation is to abide by the Constitution, laws, regulations and national policies of People's Republic of China (PRC), to abide by social ethics, to strengthen the contact and cooperation between Peking University and all walks of life at home and abroad, and to promote the development of teaching, scientific research and high technology in Peking University.

Article 5 The original fund of the Foundation is 20 million yuan, which comes from donations from domestic and foreign associations and individuals.

Article 6 The registration authority of this Foundation is the Ministry of Civil Affairs of the People's Republic of China, and the business authority is the Ministry of Education of People's Republic of China (PRC).

Article 7 Address of the Foundation: No.75-76, Jingchunyuan, Peking University, Haidian District, Beijing. Article 8 The business scope of the Foundation is:

(1) Strengthen the contact and cooperation between the Foundation and all circles at home and abroad;

(2) Accepting donations from domestic and foreign associations, enterprises, trading companies and individuals;

(3) To maintain and increase the value of the fund in accordance with the principles of legality, safety and effectiveness;

(four) to use the funds of the Foundation to reward teachers, students and workers in Peking University who have made contributions to teaching, scientific research and high-tech development;

(five) the use of foundation funds to support research and development projects beneficial to national construction. Establish fund projects such as teacher award fund, student award fund, scientific research grant fund, welfare facilities fund and campus construction fund that meet the purpose of the foundation;

(six) the use of funds from the foundation to fund other social welfare activities. Article 9 The Foundation consists of 19-25 directors. According to needs, the Council may establish a standing Council. The foundation recommends honorary chairman, consultant and honorary director. The term of office of the directors of the foundation is 3 years, and they can be re-elected if they are re-elected.

Article 10 Qualifications of directors:

(a) enthusiastic about education, concerned about the development of Peking University;

(2) Having great influence in the business field of the Foundation;

(3) Being in good health and able to stick to normal work;

(4) Having full capacity for civil conduct.

Article 11 Election and removal of directors:

(1) The first Council was nominated by People's Republic of China (PRC), the Ministry of Education, major donors and sponsors and decided through consultation.

(2) When the Council is re-elected, the China people, the Ministry of Education, the Council and major donors nominate candidates and form a general election leading group to organize all candidates to elect a new Council. The number of directors reelected at each time shall not be less than 1/3 of the total number of directors.

(3) Those who have close relatives shall not serve on the board of directors at the same time.

(4) The removal or addition of directors must be approved by the board of directors and reported to People's Republic of China (PRC) and the Ministry of Education for approval.

(5) The election and recall results of directors shall be reported to People's Republic of China (PRC) and the Ministry of Civil Affairs for the record.

Article 12 Rights and obligations of directors:

(1) Attending the meeting of the Board of Directors of the Foundation;

(two) to listen to the work report of the foundation secretariat, and to inspect and guide the work of the foundation secretariat;

(three) to review and give opinions on the major business activities of the Foundation, including the plan for raising, managing and using funds;

(4) Faithfully implement the purpose of the Foundation, strengthen the contact between Peking University and domestic and foreign enterprises, societies and individuals in various forms, promote the cooperation between Peking University and all walks of life, and promote the development of teaching, scientific research and other undertakings in Peking University.

Article 13 The decision-making body of the foundation is the board of directors. The Council shall exercise 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) To decide on the appointment of deputy secretaries-general nominated by the Secretary-General and principal responsible persons of various institutions;

(four) to decide on major business activities, including fund raising, management and use;

(five) to examine and approve the annual budget and final accounts;

(six) to listen to and consider the work report of the Secretary-General and check the work of the Secretary-General;

(seven) decided to set up offices and branches of the foundation;

(eight) to formulate the internal management system of the foundation;

(9) To decide on the termination of the Foundation;

(10) To decide on other major matters of the Foundation.

Article 14 The Council shall meet at least twice a year. The meeting of the board of directors shall be convened and presided over by the chairman. There are13 directors who propose that a board meeting must be held. If the chairman is unable to convene the meeting, the proposing director may elect the convener. When convening a board meeting, the chairman or convener shall notify all directors and supervisors five days in advance.

Article 15 The meeting of the board of directors can only be held when more than two thirds of the directors are present, and the resolution of the board of directors can only be effective if it is passed by more than half of the directors present. Resolutions on the following important matters shall be valid only after being voted by the directors present at the meeting and approved 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 16 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 the articles of association, causing losses to the board of directors, 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 17 The Foundation shall have 3-5 supervisors. 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 18 Directors and their close relatives and financial personnel of the Foundation shall not serve as supervisors.

Article 19 Election and removal of supervisors:

(a) the supervisor is selected by the major donors, People's Republic of China (PRC) and the Ministry of Education;

(2) Selected by the Ministry of Civil Affairs of the People's Republic of China according to the needs of work;

(3) The replacement of supervisors should be based on their production procedures.

Article 20 Rights and obligations of supervisors:

(1) Examining the financial and accounting information of the Foundation according to the procedures stipulated in the Articles of Association, and supervising the Council to abide by the laws and articles of association;

(2) Having the right to raise questions and suggestions to the board of directors when attending the board meeting, and reporting the situation to the Ministry of Civil Affairs, the Ministry of Education and the competent departments of taxation and accounting of the People's Republic of China;

(3) Supervisors shall abide by relevant laws and regulations and the articles of association of the Foundation and faithfully perform their duties.

(4) Directors receiving remuneration from the Foundation shall not exceed 65,438+0/3 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 Council shall have a chairman, a vice-chairman and a secretary-general, who shall be elected by the directors from among themselves.

Article 23 The chairman, vice-chairman and secretary-general of the Foundation must meet the following conditions:

(1) Having great influence in the business field of the Foundation;

(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 staff of state organs;

(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.

Article 25 The term of office of the chairman, vice-chairman and secretary-general of the Foundation shall be three years, and may not be re-elected for more than two terms. If it is necessary to be re-elected for the second term due to special circumstances, it shall be reported to the Ministry of Education of People's Republic of China (PRC) and the Ministry of Civil Affairs of the People's Republic of China for approval with the consent of the special procedures of the Council.

Article 26 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 27 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) Signing relevant 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:

(a) to preside over the daily work of the office and organize the implementation of the resolutions of the Council;

(two) to formulate plans for raising, managing and using funds;

(3) To formulate internal management rules and regulations of the Foundation and submit them to the Council for approval;

(four) to coordinate the work of various departments;

(five) to propose the appointment or dismissal of the Deputy Secretary-General and the principal responsible persons of various offices and branches, which shall be decided by the Council;

(six) to decide on the employment of full-time staff in each office;

(seven) the articles of association and other powers granted by the board of directors. Article 28 The Foundation is a non-public offering foundation, and its income comes from:

(1) donation;

(2) Income from activities carried out within the approved business scope;

(3) interest;

(4) Other lawful income.

Article 29 The foundation shall abide by laws and regulations when accepting donations, and conform to the purpose stipulated in the articles of association and the business scope of public welfare activities.

Article 30 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 31 The foundation shall use the property in accordance with the purposes stipulated in the articles of association and the business scope of public welfare activities; The donation agreement stipulates the specific purpose of the donation and shall be used in accordance with the provisions of 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 32 The property of the Foundation shall be mainly used for:

(a) the establishment of Peking University teachers' award fund, student award fund, research funding fund, campus construction fund and other fund projects in line with the purpose of the foundation;

(two) to reward Peking University teachers, students and workers who have made contributions in teaching, scientific research and high-tech development;

(three) the use of funds from the Foundation to support research and development projects beneficial to national construction;

(four) the use of funds from the foundation to fund other social welfare activities.

Article 33 A foundation shall maintain and increase the value of the fund in accordance with the principles of legality, safety and effectiveness.

Article 34 The annual expenditure of the foundation for engaging in public welfare undertakings as stipulated in the articles of association shall not be less than 8% of the fund balance of the previous year. The salary, welfare and administrative expenses of the staff of the Foundation shall not exceed 65,438+00% of the total expenditure of that year.

Thirty-fifth foundations shall disclose the types, application and evaluation procedures of public welfare funded projects.

Thirty-sixth 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 donated property in violation of the donation agreement, the donor has the right to demand compliance with the donation agreement or apply to the people's court for cancellation of the donation or termination of the donation agreement.

Article 37 A foundation may sign an agreement with the donee to stipulate the way 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 38 A foundation shall implement a unified national accounting system, conduct legal accounting according to law, establish and improve an 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 39 The Foundation is equipped with accountants with professional qualifications. Accounting personnel shall not concurrently serve as cashiers. Accountants must conduct accounting and exercise accounting supervision. When an accountant transfers his job or leaves his post, he must go through the handover procedures with the recipient.

Article 40 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) A list of donors in the previous year and relevant materials;

(three) the annual business plan and capital budget.

Article 41 The foundation shall conduct annual inspection, change of appointment, change of legal representative, liquidation and financial audit.

Forty-second foundations shall accept the annual inspection organized by People's Republic of China (PRC) and the Ministry of Civil Affairs in accordance with the Regulations on the Administration of Foundations.

Forty-third after passing the annual inspection of People's Republic of China (PRC) and the Ministry of Civil Affairs, the Foundation will publish the annual work report in the media designated by the Ministry of Civil Affairs, and accept public inquiries and supervision. Article 44 The Foundation shall be terminated under any of the following circumstances:

(a) to complete the purpose stipulated in the articles of association;

(two) unable to continue to engage in activities in accordance with the purposes stipulated in the articles of association;

(3) dissolution, division or merger.

Article 45 The termination of the foundation shall be reported to the Ministry of Education of People's Republic of China (PRC) for approval within 15 days after the board of directors votes. Apply to People's Republic of China (PRC) and the Ministry of Civil Affairs for cancellation of registration within 15 days after the examination by the Ministry of Education.

Article 46 Before going through the cancellation of registration, the Foundation shall set up a liquidation organization under the guidance of the Ministry of Education of People's Republic of China (PRC) and the Ministry of Civil Affairs of the People's Republic of China to clear up the creditor's rights and debts and deal with the aftermath. During the liquidation period, no activities other than liquidation will be carried out.

Article 47 The remaining property after the cancellation of the Foundation shall be used for the development of undertakings related to the purposes of the Foundation under the supervision of the Ministry of Education and the Ministry of Civil Affairs of People's Republic of China (PRC) and in accordance with relevant state regulations. Article 49 The Articles of Association was adopted by the board of directors on May 6, 2005.

Article 50 The right to interpret these Articles of Association belongs to the Foundation Council.

Article 51 The Articles of Association shall come into force as of the date of approval by People's Republic of China (PRC) and the Ministry of Civil Affairs.