1. What is a donor legal person?

Article 92 of the Civil Code of People's Republic of China (PRC): foundations, social service institutions, etc. , with legal person qualification, established for the purpose of donating property, registered and established according to law, and obtained the qualification of donating legal person.

A legally established venue for religious activities that meets the requirements of a legal person may apply for registration as a legal person and obtain the qualification of a donated legal person. Where laws and administrative regulations provide for places for religious activities, such provisions shall prevail.

Second, what are the characteristics of the foundation legal person?

1, non-profit. According to Article 2 of the Measures for the Administration of Foundations: "The purpose of the Foundation's activities is to promote the development of scientific research, culture and education, social welfare and other public welfare undertakings through funding." Foundations are privately established by the people. As a non-state financial allocation institution, it is a private enterprise voluntarily donated by domestic and foreign enterprises, institutions, social organizations, other organizations and individuals.

2. Collection of property. A foundation is a collection of property, a legal person based on the collection of property, and should belong to a consortium legal person. Most of the property in the foundation comes from voluntary donations from domestic foreign enterprises, institutions, social groups and other organizations and individuals. After these voluntary contributions are separated from the donors, they are independent, and the ownership has also been transferred from the original donors to the foundation legal person, which enjoys them. From the donor's point of view, once the foundation legal person is established, it is separated from the donor, and the donor no longer has the right to control the donated property. The relevant personnel in the foundation legal person should also manage and operate the property according to the articles of association, which is also different from the corporate legal person.

3. There are no members or members. Many scholars in our country believe that the foundation legal person belongs to the social group legal person, and Article 2 stipulates that the foundation is a social group legal person. Foundation legal person takes the collection of property as the center, not the collection of people. The foundation does not have its own members or members, and the managers of the foundation are not members of the foundation. The change of managers should not affect the existence of the foundation. Social organizations belong to a collection of people and are corporate bodies. Foundation legal person also has no meaning organ, that is, there is no meaning-forming organ like corporate body-general meeting. The foundation shall operate in accordance with the provisions of the articles of association of the foundation, and the management personnel of the foundation shall not change the articles of association of the foundation.

3. What is the nature of the foundation legal person?

There are three different views on the nature of foundation legal person:

1, on "donating legal person". According to this view, the foundation legal person is actually a donation legal person, because all kinds of foundations are formed by social donations, and the purpose of foundation establishment is also to realize the donation purpose of donors. The purpose of establishing a foundation by a legal person is to use the donated property for a specific purpose.

2. "Fund legal person" means. According to this view, the foundation legal person is actually the fund legal person. It just makes a fund legally drafted into a theme.

3. "consortium legal person" means. This view holds that the foundation legal person is a consortium legal person in nature. Through the establishment of a foundation legal person, the donated property will become an independent subject, and it will exist permanently and be managed independently, supplemented by the supervision and management of the state, and the property will be managed effectively.

To sum up, China's civil code has made a clear introduction to the donation legal person. For example, the foundation established in practice is one of the more common forms of expression.