Article 8 To establish a foundation, the following conditions shall be met:

(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.

Chapter III Organizational Structure

Article 20 The Foundation shall have a board of directors with 5 to 25 directors. The term of office of directors shall be stipulated in the articles of association, but each term shall not exceed 5 years. Upon expiration of the term of office, directors may be re-elected.

For a private fundraising foundation established with private property, the total number of directors of the foundation who have close relatives with each other shall not exceed one third of the total number of directors; Other foundations with close relatives may not serve on the board of directors at the same time.

Directors who receive remuneration from the foundation shall not exceed one third of the total number of directors.

The board of directors shall have a chairman, a vice-chairman and a secretary-general, elected from among the directors. The chairman is the legal representative of the foundation.

Article 21 The Council is the decision-making body of the Foundation, and it shall exercise its functions and powers as stipulated in the Articles of Association according to law.

The Council shall meet at least twice a year. Board meetings 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 must be voted by the directors present at the meeting and passed 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.

Minutes of meetings of the board of directors shall be made, which shall be reviewed and signed by the directors present.

Article 22 The Foundation shall have supervisors. The term of office of a supervisor is the same as that of a director. Directors of the foundation, their close relatives and accountants may not concurrently serve as supervisors.

The supervisor shall check the financial and accounting information of the Foundation in accordance with the procedures stipulated in the Articles of Association, and supervise the compliance of the Board of Directors with laws and 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.

Twenty-third the chairman, vice chairman and secretary general of the foundation shall not be concurrently held by the current state staff. The legal representative of the foundation shall not be the legal representative of other organizations at the same time. The legal representatives of public foundations and non-public foundations whose original funds come from Chinese mainland shall be mainland residents.

If he is sentenced to public surveillance, criminal detention or fixed-term imprisonment for a crime, and the punishment has not been completed for more than five years, if he is sentenced to or deprived of political rights for a crime, if he has served as the chairman, if his registration has been revoked for violation of the law and he is personally responsible for the illegal acts of the foundation, if it is less than five years since the date of revocation of the foundation, he may not serve as the chairman, vice-chairman or secretary-general of the foundation.

The directors of the foundation 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.

Supervisors and directors who do not hold full-time positions in the foundation shall not receive remuneration from the foundation.

Twenty-fourth Hong Kong residents, Macao residents, Taiwan Province residents, foreigners and heads of overseas foundation representative offices who serve as the chairman, vice chairman or secretary general of the foundation shall stay in the mainland for not less than three months each year.