To set up a foundation, we must first clarify the specific purpose of public welfare, the articles of association and organizational structure of the institution, and equip full-time personnel. The promoters are required to have the ability to bear civil liability independently and have a fixed address. The ability of the promoter to bear civil liability alone includes: having corresponding civil capacity; It means that its meaning is true; Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. There are many legal procedures for establishing non-profit organizations or charitable foundations. The main procedures are as follows: the establishment of a non-profit organization or foundation shall be reported to the People's Bank for approval by the competent department, and the civil affairs department shall register and issue a license. Business activities can only be carried out after being qualified as a legal person. National non-profit organizations or foundations shall be submitted to the People's Bank of China for examination and approval, apply to the Ministry of Civil Affairs for registration, and file with the State Council. Local non-profit organizations or foundations shall report to the branches of the People's Bank of China in provinces, autonomous regions and municipalities directly under the Central Government for examination and approval, apply to the civil affairs departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for registration, and file with the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Applicants need to apply to the civil affairs department after confirming that they meet the requirements and preparing relevant supporting documents. The audit time is relatively long, ranging from three months to two years, depending on the requirements, policies and efficiency of the local civil affairs bureau and what type of foundation to set up. Public welfare foundation handling process: application. Fill in the application for legal person registration, determine which civil affairs department to register in, and submit the application for legal person registration to the civil affairs department. Submit a feasibility report. Unlike companies, foundations can be established if they want to. Instead, we should consider the comprehensive factors such as sustainable development, write a professional feasibility report and analyze the development strategy after the foundation is established. Nuclear name. The name of the foundation is required to include the name, the business scope of public welfare activities in turn, and end with the word "foundation". For example, China Foundation for Poverty Alleviation and Shanghai Soong Ching Ling Foundation. Submit preliminary examination materials. It is necessary to submit the draft articles of association, feasibility report, filing materials of directors, supervisors and legal representatives, office address, etc. It depends on whether the situation is on-site investigation or interview. Obtain the civil affairs bureau certificate. After the name is approved, the license registration documents shall be obtained for capital verification. Obtain the capital verification report and wait for the civil affairs bureau to review it. If the Civil Affairs Bureau conducts the final review of the materials and approves the registration, it will issue the registration certificate of the foundation legal person; If the registration is not granted, the reasons shall be explained in writing. By obtaining evidence.
legal ground
Article 143 of the General Principles of the Civil Law of People's Republic of China (PRC) is valid for civil juristic acts that meet the following conditions: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.