[Charity Foundation Handling Matters]
. What specific policies and laws and regulations are needed to refer to when handling charity foundations?
mainly refers to the "Regulations on Foundation Management" issued in 2004 and the latest "Charity Organization Certification Method" issued in 2016. These two regulations strictly stipulate the access system established by charitable foundations and the corresponding process conditions for charitable organizations' recognition.
2, how long does it take to apply for a charity foundation?
The processing time given by the civil affairs department is two months, but because there are a lot of materials involved in the processing process, many applicants have not completed the charity foundation processing work after three to four months. It is necessary to have an in-depth understanding of the corresponding processing details.
3, what specific application materials are needed to apply for a charity foundation?
Not to mention too much here, just one charter may make many applicants helpless. The contents that need to be covered in the charter include the purpose of the establishment of a public welfare foundation, the purpose of the establishment, the corresponding property management system, the structure of the charitable foundation, the reporting system for expenditure and income, etc. Secondly, it is necessary to provide the original fund verification report, a list of special full-time personnel who can carry out their work normally, and relevant resumes of directors and presidents who do not violate laws and regulations, etc. These materials are necessary during the process of charitable foundations, and are also materials that are difficult to optimize now.
4, what specific details should be paid attention to when handling charity foundations?
Don’t make fraud during the application process, because the Ministry of Civil Affairs is very strict with this area. Once the material is found to be falsified, the data will be entered into the integrity system. It should also be noted that charity foundations must meet some other conditions, including a fixed office location and full-time staff who can carry out charity work. Charitable foundations of different levels are approved by civil affairs departments at different levels, and there are also differences between public fundraising and private fundraising.
In this period of frequent disasters, there will always be people who need to stand up, so running a charitable foundation is the best form of contributing financial resources.
The establishment of a foundation shall meet the following conditions:
(I) Established for specific public welfare purposes;
(II) The original fund of the national public fund is not less than RMB 8 million, the original fund of the local public fund shall not be less than RMB 4 million, and the original fund of the non-public fund is not less than RMB 2 million; the original fund must be cash incurred;
(III) There is a standardized name, articles of association, organizational structure, and full-time staff that are suitable for their activities;
(IV) Have a fixed residence;
(V) Be able to bear civil liability independently.
Application for the establishment of a foundation, the applicant shall submit the following documents to the registration and management authority:
(I) Application form;
(II) Draft of Articles of Association;
(III) Certificate of Capital Verification and Certificate of Order;
(IV) List of Directors, ID certificates and resumes of the intended chairman, vice chairman and secretary general;
(V) Documents agreed to establish by the business supervisory unit.
The Financial Association Articles of Association must clarify the nature of the public welfare of the foundation and shall not stipulate content that benefits a specific natural person, legal person or other organization.
The foundation's constitution shall state the following matters:
(I) Name and address;
(II) Establishment purpose and business scope of public welfare activities;
(III) Original fund amount;
(IV) The composition, powers and rules of procedure of the board of directors, qualifications, generation procedures and term of office of the director;
(VII) The responsibilities of the legal representative;
(VI) The responsibilities, qualifications, generation procedures and term of office of the supervisor;
(VII) The preparation and review system of financial accounting reports;
(VII) The management and use system of property;
(Nine) The termination conditions, procedures and handling of property after termination.
Registration and Management Authority shall make a decision to grant or not register within 60 days from the date of receipt of all valid documents listed in Article 9 of these Regulations. If registration is approved, the "Foundation Legal Person Registration Certificate" shall be issued; if registration is not allowed, the reasons shall be explained in writing.
The matters for the establishment and registration of the foundation include: name, address, type, purpose, business scope of public welfare activities, original fund amount and legal representative.
If the foundation intends to establish a branch or representative agency, it shall submit a registration application to the original registration management authority and submit documents on the name, address and person in charge of the proposed agency.
Registration and Management Authority shall make a decision to approve or refuse to register within 60 days from the date of receipt of all valid documents listed in the preceding paragraph. If registration is approved, the "Registration Certificate of Foundation Branch (Representative) Institutions" shall be issued; if registration is not allowed, the reasons shall be explained in writing.
The establishment and registration of foundation branches and foundation representative institutions include: name, address, business scope and person in charge of public welfare activities.
Foundation branches and foundation representative institutions carry out activities in accordance with the authorization of the foundation and do not have legal person qualifications.
The overseas foundation shall submit the following documents to the registration and management authority after the approval of the relevant business supervisory unit:
(I) Application form;
(II) Certificate of the foundation's establishment in accordance with the law overseas and the foundation's constitution;
(III) Identity certificate and resume of the person in charge of the proposed representative agency;
(IV) Certificate of residence;
(V) Documents of the business supervisory unit's agreement to establish a representative agency in mainland China.
Registration and Management Authority shall make a decision to grant or not register within 60 days from the date of receipt of all valid documents listed in the preceding paragraph. If registration is approved, the "Registration Certificate of Representative Institutions of Overseas Foundations" shall be issued; if registration is not allowed, the reasons shall be explained in writing.
The matters for the establishment and registration of overseas foundations representing institutions include: name, address, business scope and person in charge of public welfare activities.
Procedures required to establish a charitable foundation:
Registering a provincial foundation is more difficult. Soft power such as government resources, background and credibility is more important than the rules and regulations stipulated in actual terms. This is especially true for registering a national foundation with the Ministry of Civil Affairs. It is relatively easy for local municipal non-public funding, especially since last year, many cities have begun to implement direct registration systems.
According to the provisions of the " Charity Law ", all registered non-public foundations are now registered. After two years, you can apply for public qualifications, that is, you can raise funds publicly from the public.
Business scope and cycle: The business directions stipulated in the Charity Law include:
1) Poverty alleviation and assistance to the poor;
2) Help the elderly, save orphans, treat the disease, help the disabled, preferential treatment;
3) Rescue natural disasters, accidents, disasters, and public health incidents and other emergencies;
4) Promote the development of education, science, culture, health, sports and other undertakings;
5) Prevent and control pollution and other public hazards, protect and improve the ecological environment;
Establish a charity foundation, usually 4-8 months, depending on the service procedures and efficiency of local civil affairs bureaus. The process in Beijing is a bit complicated, and it takes about 1-2 years.
Specific steps: First submit an application and submit the feasibility report (first review) as required. This process requires frequent communication with the local Civil Affairs Bureau, including business scope, investors, legal persons, secretary-general, and board governance. It usually takes two or three months. After the feasibility report is passed, capital verification is required and the initial funds are injected into the foundation's temporary account. After the capital verification of the accounting firm, it is necessary to convene the first board meeting, pass the articles of association and other resolutions, submit a lot of materials, and finally approve it, and receive the registration certificate after approval.
Establishing a foundation requires following the following steps:
1. Decide the purpose of the foundation. Each foundation should have a purpose that describes the reasons for existence.
2. Establish a board of directors.The initial council will help the working team turn the ideas behind the foundation into reality through planning and funding. As the foundation matures, the nature and composition of the board will also change.
3. Draft the charter. The charter is the operating rules of the Council and should be adopted by the Council during the early development of the Foundation.
4. Prepare to register the original fund required, and the original fund must be cashed in the account.
5. Select a business department and obtain the documents agreed to establish by the business supervisory unit. According to the latest policies, some regions do not need to find business supervisors.
6. Find office space and recruit suitable staff.
7. Fill in the application form for legal person registration, determine which civil affairs department to register, and submit the application form for legal person registration to the civil affairs department. The civil affairs department of the State Council and the civil affairs departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are the registration and management agencies of the foundation.
8. Conduct strategic planning. The strategic planning expresses the vision of the foundation's potential. Strategic planning should describe the steps necessary to achieve this potential, determine what kind of work team is needed to achieve this opportunity, and determine the project and operational priorities for at least one year.
9. Formulate budget plans and resource development plans. Financial supervision and resource development (such as financing, income acquisition, membership dues) are the most important responsibilities of the Council. The resources required to achieve strategic planning must be clearly described in the budget and financial plan.
10. Establish an archive system for the foundation’s official documents. Registration documents, board minutes, financial reports and other official documents should all be properly archived.
11. Establish an accounting system. The due diligence of foundation finance requires an established accounting system that can meet the current situation and future needs.
12. Submit an application for tax exemption.
Hanzheng Family Office, focusing on the foundation! Professionally responsible for foundation and special fund design and establishment registration, foundation launch planning, operation supervision, etc.
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