Article 1 The name of this Foundation is Zhejiang Xinhua Love Education Foundation.
Article 2 The Foundation is a non-public offering foundation.
Article 3 The purpose of this Foundation is to "popularize educational methods and help the disadvantaged groups".
Article 4 The original fund of the Foundation is RMB 2 million, which comes from donations from natural persons, legal persons or other organizations.
Article 5 The registration authority of the Foundation is the Civil Affairs Department of Zhejiang Province, and the business authority is the Education Department of Zhejiang Province.
Article 6 The registered address of the Foundation is Unit 5 140 1 Room, Danghubin Water Plaza, pinghu city, Zhejiang Province, and its office is No.318, Xinhua Middle Road, pinghu city.
Chapter II Scope of Business
Article 7 The business scope of public welfare activities of the Foundation.
(1) Taking education as the main axis and engaging in various caring, public welfare and charitable activities can promote China to become a populous country.
(2) Pearl Recovery Plan: provide support for children at all levels who can't go to school with excellent grades and poor families to finish their studies.
(3) One egg per child plan: provide an egg or other nutritional assistance to students in poor areas every day so that they can grow up healthily.
(4) Donate Hope Primary School: Donate Hope Primary School or increase its teaching equipment or reward outstanding teachers in poor areas.
(5) Establishing non-profit educational institutions; Assist the government to train teachers in poor areas and improve the education level.
(6) Cooperate with the government to promote advanced educational concepts and introduce new ways of thinking education.
(seven) other charitable activities related to education.
Chapter III Organization and Person in Charge
Article 8 The Foundation consists of 5-25 directors.
The term of office of the directors of the foundation is 5 years, and they can be re-elected if they are re-elected.
Article 9 Qualifications of directors:
(a) respected, enthusiastic about public welfare and charity workers.
(2) Having the ability to raise public welfare and charitable funds.
(3) major donors.
Article 10 Election and removal of directors:
(1) The first director shall be nominated by the competent business unit, major donors and promoters respectively and determined through consultation.
Settings.
(2) When the board of directors is reelected, the candidates shall be jointly nominated by the competent business unit, the board of directors and major donors.
And organize a new leadership team and organize all candidates to jointly elect a new director.
(3) The removal or addition of directors must be approved by the board of directors and reported to the competent business unit for approval.
(4) The results of election and recall of directors shall be reported to the registration authority for the record.
Article 11 Rights and obligations of directors:
(1) To attend the meetings of the board of directors and exercise the functions and powers of the board of directors.
(2) Actively raise funds for the Foundation.
Article 12 The decision-making body of the foundation is the board of directors. The Council shall exercise the following functions and powers:
(1) To formulate and revise the articles of association.
(2) To elect or recall the chairman, vice-chairman and secretary-general.
(three) to decide on the major business activities, including fund raising, management and use.
(4) Annual budget and final accounts.
(5) Formulating the internal management system.
(6) Deciding to set up offices, branches and representative offices.
(7) To decide on the appointment of deputy secretaries-general nominated by the Secretary-General and principal responsible persons of various institutions.
(eight) to listen to and consider the work report of the Secretary General and inspect the work of the Secretary General.
(9) To decide on the division, merger or termination of the foundation.
(10) To decide on other major matters.
Article 13 The Council shall meet twice a year. The meeting of the board of directors shall be convened and presided over by the chairman or vice chairman.
There are13 directors who propose that a board meeting must be held. If the chairman or vice-chairman cannot convene the meeting, the proposing director shall elect the convener.
When convening a board meeting, the chairman or vice chairman shall notify all directors and supervisors five days in advance.
Article 14 The meeting of the board of directors 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. If the directors are unable to attend for some reason, they may entrust other directors' representatives to attend.
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.
(2) To elect or recall the chairman, vice-chairman and secretary-general.
(3) Major fund-raising and investment activities as stipulated in the articles of association.
(4) Division and merger of foundations.
Article 15 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 articles of association and causes losses to the foundation, 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 16 The Foundation has 1 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 17 Directors, close relatives of directors and foundation accountants shall not serve as supervisors.
Article 18 Election and removal of supervisors:
(1) Supervisors shall be selected by major donors and competent business units respectively.
(two) the registration authority according to the needs of the work.
(3) The change of supervisors shall conform to the procedures for its formation.
Article 19 Rights and obligations of 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.
Supervisors shall abide by relevant laws and regulations and the articles of association of the Foundation and faithfully perform their duties.
Article 20 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 a foundation must meet the following conditions:
(1) has great influence in the foundation's business field.
(two) the chairman, vice chairman and secretary general must be respected, enthusiastic about public welfare, very caring people.
(3) Being healthy and able to work normally.
(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:
(1) Belonging to the current national staff.
(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.
Twenty-fifth Hong Kong residents, Macao residents, Taiwan Province residents and foreigners who serve as the chairman, vice chairman or secretary general of the foundation shall stay in China for not less than three months each year.
Article 26 The term of office of the chairman, vice-chairman and secretary-general of the Foundation shall be five years, and the term of office shall not exceed two terms. If it is necessary to be re-elected for more than the last term due to special circumstances, it shall be approved by the special procedures of the Council, reported to the competent business unit for review, and approved by the registration authority before taking office.
Article 27 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.
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 28 The chairman and vice-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 important documents on behalf of the Foundation.
(4) to preside over the meeting.
The foundation adopts the secretary-general system led by the chairman and vice-chairman. The Secretary-General works under the leadership of the Chairman and the Vice-Chairman and exercises the following functions and powers:
(1) Preside over the daily work and organize the implementation of the resolutions of the Council.
② Organize and implement the Foundation's annual public welfare activity plan.
(three) to formulate plans for raising, managing and using funds.
(4) To formulate internal management rules and regulations of the Foundation and submit them to the Council for approval.
⑤ Coordinate the work of various institutions.
⑥ To propose the appointment or dismissal of the Deputy Secretary-General and the person in charge of finance, which shall be decided by the Council.
⑦ The Board of Directors decides to propose the appointment or dismissal of the principal responsible persons of various institutions.
(eight) to decide on the employment of full-time staff of various institutions.
Pet-name ruby Articles of Association and other powers conferred by the Council.
Chapter IV Management and Use of Property
Article 29 The Foundation is a non-public offering foundation, and its income comes from:
(1) Donations from natural persons, legal persons or other organizations.
(2) Investment income.
(3) Other lawful income.
Article 30 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 31 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 32 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 33 The property of the Foundation shall be mainly used for:
(1) Business related to foundations.
(2) Various charitable activities for the purpose of foundation establishment.
Article 34 The main fund-raising and investment activities of the Foundation refer to:
(1) Voluntary donations by natural persons, legal persons or other organizations.
(2) Funds are deposited in banks or other high-security financial management.
Article 35 A foundation shall maintain and increase the value of the fund in accordance with the principles of legality, safety and effectiveness.
Article 36 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-seventh when the foundation carries out public welfare funded projects, it shall disclose the types of public welfare funded projects and the application and evaluation procedures.
Thirty-eighth 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.
Article 39 If a foundation uses donated property in violation of the donation agreement, the donor has the right to require the foundation to abide by the donation agreement or apply to the people's court for cancellation of the donation or dissolution of the donation agreement.
The foundation can sign an agreement with the recipients to stipulate the way of funding, the amount of funding, the use of funds and the way of use.
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 40 The Foundation shall implement the unified national accounting system, conduct accounting according to law, establish and improve the internal accounting supervision system, and ensure that accounting materials are legal, true, accurate and complete.
The Foundation accepts the tax supervision and accounting supervision implemented by the competent tax and accounting departments according to law.
Article 41 The Foundation shall be equipped with accountants with professional qualifications. Accounting personnel shall not concurrently serve as cashiers. When an accountant transfers his job or leaves his post, he must go through the handover procedures with the recipient.
Article 42 The operating fiscal year of this Foundation is from 65438+ 10/to 65438+February 3 1. Before March 3 1 every year, the board of directors will examine and approve the following matters.
(a) the business report and final accounts of funds for the previous year.
(two) the annual business plan and budget.
(3) List of property [List of donors in the current year and related materials].
Article 43 The foundation shall conduct annual inspection, change of appointment, change of legal representative, liquidation and financial audit.
Forty-fourth foundations shall, in accordance with the provisions of the Regulations on the Administration of Foundations, accept the annual inspection organized by the registration authority.
Forty-fifth after passing the annual inspection by the registration authority, the foundation will publish the annual work report in the media designated by the registration authority, and accept the inquiry and supervision of the public.
Chapter V Termination and Disposal of Surplus Property
Article 46 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 public welfare activities in accordance with the purposes stipulated in the articles of association.
(3) Division or merger of foundations.
(4) Other special matters.
Article 47 The termination of a foundation shall be reported to the competent business unit for approval within 15 days after the board of directors votes. Apply to the registration authority for cancellation of registration within 15 days after the approval of the competent business unit.
Article 48 Before going through the cancellation of registration, the 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 49 The remaining property after the cancellation of the foundation shall be used for public welfare undertakings in the following ways under the supervision of the competent business unit and the registration authority:
(a) Donation to government agencies.
(2) Donations shall be made by the registration authority to social welfare organizations with the same nature and purpose as the foundation, and shall be announced to the public.
Chapter VI Revision of Articles of Association
Article 50 Any revision of the Articles of Association shall be reported to the competent business unit for approval within 15 days after the approval of the board of directors. After the examination and approval by the competent business unit, it shall be reported to the registration authority for approval.
Chapter VII Supplementary Provisions
Article 51 The Articles of Association was adopted by the Board of Directors on June 6, 2007.
Article 52 The right to interpret the Articles of Association belongs to the Council.
Article 53 The Articles of Association shall come into force as of the date of approval by the registration authority.