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How to establish a personal charity?
Question 1: How do legal persons or individuals set up charitable organizations? Provisions for the establishment of charitable organizations by legal persons or individuals are as follows:

According to relevant regulations, both legal persons and individuals can set up charitable organizations.

1. The establishment shall apply to the relevant administrative department of the state or province for registration.

2, should have the conditions.

3. Procedures to be provided.

4. Approval process

According to Article 8 of the Regulations on the Administration of Foundations: "To establish a foundation, the following conditions shall be met:

1, established for specific public welfare purposes;

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. It has a standardized name, articles of association, organization and full-time staff suitable for its activities;

4. Have a fixed residence;

5. Be able to bear civil liability independently.

Article 9 of the Regulations on the Administration of Foundations: "To apply for the establishment of a foundation, the applicant shall submit the following documents to the registration authority:

1, application;

2. Draft articles of association;

3. Capital verification certificate and residence certificate;

4. List of directors, identity certificates and resumes of the proposed chairman, vice-chairman and secretary-general;

5, the competent business unit agreed to set up the document. " 。

Article 11 of the Regulations on the Administration of Foundations: "The registration administration organ shall make a decision on approval or disapproval of registration within 60 days from the date of receiving all valid documents listed in Article 9 of these regulations. 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 establishment and registration contents of the foundation include: name, domicile, type, purpose, business scope of public welfare activities, original fund amount and legal representative. " 6. organization. The Regulations on the Management of Foundations stipulates: "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.

Question 2: What are the conditions and procedures for starting a charity? Go to the Charity Federation of the Civil Affairs Department and the registration office of the Civil Affairs Department for consultation. I think it is enough to do good deeds with a kind heart. You can also donate to welfare, charity, hope primary school and other institutions. There are many forms of doing good. Wish you a healthy life.

Question 3: Conditions for establishing a charitable foundation; Implementation and benefits of charitable foundations If an enterprise has established a charitable foundation, it can donate money and materials to the society by itself. However, due to the nature of corporate charitable foundations, they have no right to raise funds from the society; Large-scale charitable investments of enterprises, such as the establishment of Hope School, Hope Park and Helping the Disabled Center, must be approved by the civil affairs registration management unit and then approved by the Land Administration Bureau. Since charitable foundations are completely public welfare departments, what "benefits" make enterprises so keen on charity? According to western economics, citizens and enterprises can choose two different ways to perform the duties of taxpayers: they can pay part of their income as tax; Or donate it to charity as a social donation. There is no order or difference between the two. In this way, instead of paying taxes to * * *, individuals and enterprises decide the public expenditure of this fee, it is better to use part of their income as social feedback and directly use it for public welfare or welfare undertakings. From this, we can draw one of the "charity benefits": individual enterprises do not take the * * * route = tax exemption. Of course, the benefits of charitable funds being talked about by western enterprises are not only "tax exemption", but also "soft advertisements" called brands by western entrepreneurs. In foreign countries, every entrepreneur has an idea: corporate brand is not only corporate property, but also social public property. On a larger scale, the brand will even become a symbol of a city, a province, a country or an era. Therefore, many foreign entrepreneurs are very willing to invest in charitable funds to build "public welfare brands", so that the "characteristic brands" of enterprises can reflect public welfare values, enhance affinity and attract consumers. Furthermore, for enterprises, charitable foundations create funds for activities through voluntary donations among employees, help employees in difficulty, and increase cooperation and interaction among all employees, which is conducive to creating a "harmonious and happy" corporate moral culture. According to the introduction of Zhejiang Civil Affairs Bureau, there are about 15 registered enterprises with charitable foundations, such as Zhejiang Dongsheng Printing and Dyeing Co., Ltd. and Wenzhou Yekangsong Charity Association. Compared with hundreds of thousands of enterprises in Zhejiang, this figure is really a small number, that is to say, more than 99.99% of enterprises have never set up a charity fund department. Since charitable funds have so many benefits, why do Zhejiang businessmen who set foot in this field find it difficult? The reporter learned from Zhejiang Charity Association that the imperfection of China's charity fund law is the main factor leading to the failure to popularize charity funds. Now, this issue has attracted the attention of relevant departments: On June 1 2004, the State Council promulgated the Regulations on Fund Law; In June 2005, 1 1, the Guiding Outline for the Development of Philanthropy in China (2006-20 10) was formulated. The promulgation of these two laws and regulations has laid a good legal guarantee for the development of corporate charitable funds in China, and also marked a milestone in the development of corporate charitable funds in China. However, will the development of charitable foundations be smooth since the introduction of laws and regulations? The answer is unknown. According to the greatest benefits brought to enterprises and individuals by the Regulations on Fund Law and the Guiding Outline for the Development of Philanthropy in China (2006~20 10), "the donations made by enterprises, institutions, social organizations and individuals to charities in China are allowed to be deducted in full before paying corporate income tax and personal income tax." However, according to statistics, this year, the national civil affairs system received a total of 654.38+0.7 billion personal donations, and the personal tax rebate rate was zero. Part of the reason is that public welfare laws and regulations have just been implemented and are not compatible with many legislations. However, the reporter learned that the real reason is that China's charitable foundations have not adopted the general meeting system, and all the guarantees formulated by laws and regulations can only be implemented in 10 national charities. Laws and regulations on charitable funds are equivalent to giving local enterprises a blank check. In enterprises, charitable foundations are bound by the concept of legal person, and the concept of legal person put forward in economics is difficult to determine the legal person status of China charitable foundations. The legal persons of foreign enterprises are strictly divided according to the laws of corporate legal persons and consortium legal persons. The company belongs to the legal person, and the charitable foundation belongs to the consortium legal person, which is a level. In other words, charitable foundations should be a completely independent part, which can be free from the administration of * * * and enterprises. However, the current law in China does not establish the concept of consortium legal person, and almost all charitable foundations in China still rely on the management of the company and lack independence. Not only that, China Enterprise Charity Foundation is also subject to the registration authority and business director ...

Question 4: What are the conditions and procedures for setting up a charity? I. Conditions

1. As a social organization, it shall meet the following conditions: (1) It has more than 50 individual members or more than 30 unit members; Individual members and unit members are mixed, and the total number of members shall not be less than 50; (2) Having a standardized name and corresponding organization; (3) Having a fixed residence; (4) Having full-time personnel suitable for its business activities; (5) It has legal assets and sources of funds. The funds for activities of national social organizations are more than 654.38 million yuan, and the funds for activities of local social organizations and cross-administrative social organizations are more than 30,000 yuan; (6) Having the ability to bear civil liability independently.

2. The registration authority shall complete the examination within 30 days from the date of receiving the application for registration of the social organization that has completed the preparatory work, and issue the Registration Certificate of Social Organization as a Legal Person. According to the law, social organizations with legal person status from the date of approval shall file with the registration authority within 60 days from the date of approval. The registration administration organ shall, within 30 days from the date of receiving the filing documents, issue the Registration Certificate of Social Organizations as Legal Persons.

3. Social organizations apply for engraving seals and opening bank accounts with the Registration Certificate of Social Organizations as Legal Persons, and social organizations shall report the seal style and bank account number to the registration administration organ for the record.

Second, the procedure.

The establishment of individual charities must be approved by the competent business unit, that is, the civil affairs department, and obtain the Approval Letter for the Establishment of Social Welfare Institutions, and then apply to the civil affairs department for the Approval Certificate for the Establishment of Social Welfare Institutions, and then go through the registration formalities with the registration authority-the Administration of Non-governmental Organizations. As a social organization, the Administration of Non-governmental Organizations is responsible for the annual registration of associations and the investigation and punishment of violations of laws and regulations. )

Details are as follows:

1. To apply for the establishment of a social welfare institution, the following materials shall be submitted: (1) an application and a feasibility study report; (two) the applicant's qualification documents; (three) the source of funds of the social welfare institution to be established; (four) the certificate of the fixed place where the social welfare institution is to be established. In addition, according to the Measures for the Administration of Private Social Welfare Institutions in Guangdong Province (65438+ 1, 1 August 1998), the following materials shall be submitted to bid for private social welfare institutions: (1) An application form uniformly printed by the provincial authorities (in triplicate); (2) The legal identity certificate of the applicant; (3) capital verification certification documents; (4) Feasibility report; (five) the construction plan and drawings; (6) Articles of association; (7) A report on the business opening conditions; (eight) the list of persons in charge of private social welfare institutions and their resumes; (nine) the competent department approved the bid for private social welfare institutions; (10) Legal documents on land use; (eleven) the overseas applicant shall submit the relevant documents signed by the foreign affairs department. At the same time, the following conditions must be met: (1) the applicant has legal status and full capacity for civil conduct; (two) life, sports, transportation, communication and other facilities, with basic medical and rehabilitation conditions; (3) The environment of the service place is suitable for the clients, the environmental quality meets the prescribed standards, and the site selection and construction meet the requirements of environmental protection; (four) the person in charge of organization and management has a college degree or above, has received special training, and has a health technical title of intermediate or above 1 person or above; (5) The proportion of medical staff, nursing staff and special education teachers among all the staff is in compliance with the regulations, accounting personnel should have the work license or the title of assistant accountant or above, and security guards should have the training certificate of local public security organs; (six) the cook should have a post technical grade certificate or certificate; Full-time nutritionist (scholar) serving more than 200 people 1 person; (7) The ratio of staff to self-care clients is below 1: 6; The proportion of people who can't take care of themselves is less than1∶ 3; (eight) the start-up funds and maintenance funds of welfare institutions; (9) Having the safety certificates of the fire department and the electric power department.

2. The applicant holds the above-mentioned materials to apply to the civil affairs department of the people's government at or above the county level where the social welfare institution is located, and the civil affairs department that accepts the application shall conduct examination and approval.

3, agreed to hold the social welfare institutions with the opening conditions, should apply to the civil affairs department for the "social welfare institutions set up approval certificate".

When applying for the Certificate of Approval for the Establishment of Social Welfare Institutions, the following documents shall be submitted: (1) A written report on the application for the Certificate of Approval for the Establishment of Social Welfare Institutions; (two) the approval issued by the civil affairs department for the establishment of social welfare institutions; (3) the ownership certificate or lease contract of the service place; (4) Acceptance reports or review opinions of relevant departments such as construction, fire protection, health and epidemic prevention ... >>

Question 5: How do legal persons or individuals set up charitable organizations? What are the rules for the establishment of charitable organizations by enterprises as legal persons or individuals?

According to relevant regulations, both legal persons and individuals can set up charitable organizations.

1. The establishment shall apply to the relevant administrative department of the state or province for registration.

2, should have the conditions.

3. Procedures to be provided.

4. Approval process

According to Article 8 of the Regulations on the Administration of Foundations: "To establish a foundation, the following conditions shall be met:

1, established for specific public welfare purposes;

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. It has a standardized name, articles of association, organization and full-time staff suitable for its activities;

4. Have a fixed residence;

5. Be able to bear civil liability independently.

Article 9 of the Regulations on the Administration of Foundations: "To apply for the establishment of a foundation, the applicant shall submit the following documents to the registration authority:

1, application;

2. Draft articles of association;

3. Capital verification certificate and residence certificate;

4. List of directors, identity certificates and resumes of the proposed chairman, vice-chairman and secretary-general;

5, the competent business unit agreed to set up the document. " 。

Article 11 of the Regulations on the Administration of Foundations: "The registration administration organ shall make a decision on approval or disapproval of registration within 60 days from the date of receiving all valid documents listed in Article 9 of these regulations. 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 establishment and registration contents of the foundation include: name, domicile, type, purpose, business scope of public welfare activities, original fund amount and legal representative. " 6. organization. The Regulations on the Management of Foundations stipulates: "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.

Question 6: How to apply for charity in China? Without the background of * *, a charity can't do it.

Question 7: What are the procedures for registering a charity organization? The threshold of charity is too high.

The approval process and the original fund registration are an insurmountable gap.

"There is no foundation at all." After consulting the relevant departments, Dr. Xie was completely desperate. "A series of approval procedures are needed and the threshold is very high." In June 2004, the Ministry of Civil Affairs promulgated the Regulations on the Management of Foundations, which defined the non-profit for the purpose of public welfare.

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For-profit legal persons are defined as foundations, which can be divided into public foundations and non-public foundations. This means that both enterprises and individuals can contribute to the establishment of foundations, but the original funds in Public Offering of Fund are not less than 8 million yuan, the original funds in local Public Offering of Fund are not less than 4 million yuan and the original funds in non-Public Offering of Fund are not less than 2 million yuan.

You have to pay at least 2 million at a time, otherwise it is impossible.

There is also news of depression. Those who really try to set up non-governmental charitable organizations find that both foundations and NGOs can only stay in the imagination stage. A doctoral student in law at China Academy of Social Sciences found that more than 80% of non-governmental organizations belong to "illegal existence". One of the reasons is that "for the citizens of the bottom, vulnerable groups and poor mountainous areas, the regulations on the number of members and the minimum amount of activities undoubtedly draw an insurmountable gap for their free association, and in terms of the significance and role of association, it is precisely what they need most."

Even if there are 2 million people who have established legal non-governmental organizations, they still can't raise funds. "The previous charity sale and donation were illegal." Hao Ruyi, full-time vice president of Suzhou Red Cross Society, has doubts about folk charity. "Private donations are not well regulated and there are many problems." According to the regulations of the Ministry of Civil Affairs, the charity sale donation activities must be undertaken by local legal charitable organizations as organizers, and the donated money and materials cannot directly enter the accounts of the direct beneficiaries, but should be arranged by charitable organizations.

"In fact, the vast majority of private charitable donations are' illegal'." The head of an approved international charity in Guangdong said, "The right to raise money is monopolized by several designated organizations. Even if you go to the streets to raise money, you must get approval in advance, otherwise it is illegal. " Donations to "Magic Bean" are not sponsored by legal organizations, and donations have not entered the accounts of charitable organizations. Everyone either stops helping the "magic bean" or turns it into an underground activity.

Suzhou TV reporter came up with a clever way. With the good cooperation with Suzhou Red Cross Society, Suzhou Red Cross Society, as one of the organizers, set up a "love account" to manage donations, thus bypassing strict management policies and obtaining the legitimacy of fundraising.

Suggest Taobao approval, plus Shanghai.

Dragon TV, as the director of four units, signed an agreement, stipulating that all donations will go into the "love account" of Suzhou Red Cross Society in the future, and then Zhou's parents will withdraw money from the "love account" and the rest will help other mothers in trouble. The recipients will be screened by the Red Cross and approved by all four directors before they can be used to ensure the transparency of expenditure. The reporter of Suzhou TV station believes that this has another advantage, which ensures the authority of the event. He said: "I can't think of any unit with more credibility than the Red Cross." However, contrary to expectations, after the announcement of the new donation method, the doubts of netizens have increased. An article entitled "Please explain: How to ensure that donations can be delivered to Xiao Doudou in full and safely?" Post question: Since "Magic Bean Baby" has its own account, the donation is a voluntary personal act, why can't it be paid directly? To this end, Taobao staff specially wrote a policy explanation post to reply to netizens.

"Love Account" has found a legal operating organization and a relatively transparent operating mechanism. It seems that Zhou's last wish can come true. However, many people believe that this is only the starting point of "real" charity.

"How to maintain a love account in the future?" An editor of Suzhou TV Station said that with the decrease of attention to the "Magic Bean Incident", the donation will definitely decrease and eventually become zero. "It's hard to say how far the love account can go."

At present, the accumulated donation is 6.5438+0.8 million yuan. If the subsidy is 654.38+0 people and 30,000 yuan, it is only enough to help 6 people. What about the seventh person? Contrary to the enthusiasm for donation, no one thinks he can "run" a love account.

"It never occurred to me that I wouldn't do it, and I certainly wouldn't ... >>

Question 8: Can individuals set up charitable foundations? You have to have enough money before you can earn money. Ask the Civil Affairs Bureau. This is a good thing. Please support.

Question 9: How can an individual set up a non-public offering foundation to meet the following conditions:

(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.

Bidding materials

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.

The contents of foundation establishment registration include: name, domicile, type, purpose, business scope of public welfare activities, original fund amount and legal representative.

Where the Foundation intends to establish a branch or representative office, it shall apply to the original registration authority for registration, and submit documents such as the name, domicile and person in charge of the proposed institution.

operation sequence/order

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.

To establish a representative office in Chinese mainland, an overseas foundation shall obtain the consent of the relevant competent business unit and submit the following documents to the registration authority:

(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.

Where the registered items of foundations, foundation branches, foundation representative offices and overseas foundation representative offices need to be changed, they shall apply to the registration authority for registration of change.

In any of the following circumstances, the representative offices of foundations and overseas foundations 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.

If the foundation cancels its branch or representative office, it shall go through the cancellation 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.

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 its registration with the registration authority within 1 day from the date of liquidation; Activities other than liquidation shall not be carried out during the liquidation period.

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.

Processing basis

Regulations on the Administration of Foundations (the State Council Decree No.400th, March 8, 2004)

1) Find an affiliate first. The affiliated units of the National Foundation shall be above the deputy ministerial level, and the affiliated units of provincial (city) foundations shall be above the deputy ministerial level.

2) The National Foundation needs the approval of the central bank! The provincial (city) foundation is approved by the local people's bank!

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The scale of donation income is gradually expanding, indicating that social groups and individuals are active ... >>

Question 10: I want to set up a charity. How can I set it up? How can I go to the civil affairs department to apply for it after it is set up?