The purpose of the foundation's activities is to promote the development of science, culture, education, sports, health, social welfare and other social welfare undertakings through financial support and incentives. Article 3 These Regulations shall apply to foundations within the administrative region of this province and social organizations as legal persons who do not use the name of the foundation but meet the provisions of Article 2. Article 4 Foundations shall abide by laws and regulations and independently carry out activities in accordance with their articles of association. Article 5 The civil affairs department of the people's government at or above the provincial level (prefecture-level cities, the same below) is the administrative department of the Foundation (hereinafter referred to as the competent department) and is responsible for organizing the implementation of these Regulations.
The People's Bank, auditing, taxation and other relevant departments shall, according to their respective responsibilities, supervise and manage the Foundation. Article 6 The establishment of a foundation must meet the following conditions:
(a) in line with the purpose of the provisions of article second;
(2) Its registered capital exceeds 654.38 million yuan (or equivalent foreign exchange);
(3) Having the articles of association, organizational structure and necessary financial personnel of the foundation;
(4) Having a fixed meeting place. Article 7 The establishment of a foundation shall be examined and approved by the local municipal people's bank, applied to the competent department at the same level for approval and registration, and reported to the provincial competent department and the provincial people's bank for the record.
The establishment of a provincial or inter-city activity foundation shall be submitted to the provincial people's bank for examination and approval, and apply to the provincial competent department for approval and registration.
No activities shall be carried out without registration. Article 8 To apply for approval of the establishment of a foundation, the following materials shall be submitted to the People's Bank of China:
(1) An application for approval;
(2) Articles of Association of the Foundation;
(3) Certification documents of the meeting place;
(four) the basic situation of the organization and leading members;
(5) Qualification certificate of financial personnel;
(6) documents certifying the registered capital. Article 9 When applying for registration, a foundation shall submit an application for registration and the approval documents of the People's Bank of China in addition to the materials specified in Article 8 to the competent authority. Article 10 The articles of association of a foundation shall specify the following main items:
(1) Name and meeting place;
(2) The purpose and scope of the activity;
(three) the source, management, use and supervision of the fund and its value-added funds;
(four) the establishment of the organization and its functions and powers;
(five) the way of leading members and their terms of reference;
(6) Financial accounting system;
(7) Procedures for amending the Articles of Association;
(8) Procedures for the termination of the Foundation;
(9) Other necessary matters. Article 11 A foundation shall set up a leading body, a working body and a supervision body in accordance with its articles of association.
The current government staff may not concurrently serve as the leading members of the Foundation, but they may be employed as honorary posts. Under special circumstances, if it is necessary to be a leading member of the foundation, it shall be reported for approval in accordance with the cadre management authority.
Working institutions can hire full-time or part-time staff to handle daily affairs as needed.
Supervisory institutions shall supervise the raising, appreciation and use of funds. Article 12 Foundations shall follow the principle of voluntariness and rely on social forces to raise funds:
(a) to accept donations from domestic social organizations, enterprises and institutions and people from all walks of life;
(two) to accept donations from Hongkong, Macau, Taiwan Province Province and foreign friendly groups and people;
(three) to accept the funding of the people's governments at all levels and their subordinate departments.
It is forbidden to apportion in any form, and it is forbidden for anyone to accept kickbacks. Article 13 A fund may increase its value in the following ways:
(1) purchasing government bonds;
(2) Deposit in financial institutions to earn interest;
(3) Entrusting relevant institutions to invest;
(4) purchasing shares, but the amount of shares purchased shall not exceed 20% of the total fund, and the amount of shares purchased in the enterprise shall not exceed 20% of the total shares of the enterprise. Article 14 The Foundation shall not engage in the following activities:
(1) Using the Foundation and its value-added funds for activities that violate the purposes and articles of association of the Foundation;
(2) Direct business activities;
(three) activities that endanger national interests and other violations of laws and regulations;
(four) to expand the fund in the form of lottery. Article 15 A foundation shall practise democratic management, establish a strict financial management system, regularly inform the promoters, members and donors of the foundation about the raising, appreciation and use of the fund, submit annual financial statements to the competent authorities and relevant departments, and accept their inspection and supervision.
The management expenses of the foundation and the salary of the staff shall be implemented with reference to the funds and salary standards of the administrative organs. Sixteenth foreign exchange donated to the foundation, the foundation can open a foreign exchange deposit account. Article 17 The foundation shall supervise the use of the donee's funds. If the fund is not used according to the agreed purpose, the foundation has the right to stop, reduce funding or recover the fund. Article 18 Where a foundation changes its name, merges or dissolves, it shall submit a written application to the original examination and approval registration department, handle the change or cancellation of registration, and make an announcement.