Shenzhen 5 One Foundation initiator structure. IC for map
Southern Reporter He Xuefeng interview comments / order
Editor's note: In mid-January, One Foundation Community Foundation (public offering) things settled down in Shenzhen upon media reports, immediately aroused great concern. One Fund to register as an independent legal personality private foundations, city of Shenzhen City in the Ministry carried out under the framework agreement to explore and experiment. Welcome to One Foundation people into the ranks of private foundations also need attention from the overall development of China's NGO background, how in a burst of applause to think rationally following issues: private foundations, private foundations and public charities in the area How to rationalize the layout? Public offering administrative license how to get qualified? How have the ability to private foundations, public offering, how to get credibility?
to clarify and explore these issues, Peking University Law School Non-Profit Organization Law Research Center was held on January 18, Magazine interview with some special guests on this important event in the field of Chinese NGO to analyze.
Foundation, how resources should reflect the rationalization
Jin Jinping Peking University Law School Non-Profit Organization Law Center
private foundations enjoy the number of public resources, which means to assume its responsibilities for stakeholders, which we call Accountability is a public foundation committed to its stakeholders, social accountability, including the general public, news media, donors, directors, employees, volunteers and many other stakeholders the responsibility and obligations.
As the first sports star to promote the public fund, one fund from the unincorporated public special fund to individuals in private foundations, and Shenzhen City agreement was awarded under the Department approved the establishment of the Foundation permissions, try to direct registration system, which means that the dual management system for a breakthrough.
public figures, sports stars in charity is actually a variety of ways, in addition to a variety of public offerings, private foundations, there are charity organizations, as ambassador, and their professional contributions and Indirect donations. Choose a variety of ways to have better or worse, to consider the words of the Foundation, the main factor is the tax policy considerations, administrative costs, their investment in the charity got the idea according to their own charity, capabilities, characteristics and practical possibilities choose their own charitable way. One Foundation's philosophy of non-public offering is not charity, but does not mean that all private foundations are gone public offering of the road.
private foundations such as the U.S. public charity in the proportion of the area. U.S. private foundations, the Foundation of the total no more than 1% of a total of four types of foundations in the United States, first as an independent Foundation (Private Foundation), funding sources, the vast majority of individual or family, the mode of operation is contributions to other organizations, also known as donor-type foundations. Typical examples are: the Ford Foundation, the Rockefeller Foundation, the Carnegie Foundation; second category is corporate foundations, funds continued to profit from the company, independent of the company, but does not exclude consideration of stakeholders with the company. The third category is the Community Foundation (Private Foundation), diversified sources of funding, sources from the community of individuals, businesses and other organizations, but also from local government funding. Representatives from the community composed of all the Council decided to fund the management and use. The Tax Foundation is a public charity sense, need to investigate the needs of the region, providing both supply and demand docking. The fourth category is the operation of the type of foundations, single source of funds, the main purpose for the conduct of research, promotion and management of the main social welfare or other programs determined by statute, generally not outside contributions.
according to 2008 data, a total of 75,595 U.S. foundations, independent foundations accounted for 89%, the Community Foundation is a 709, up only 1%; America Foundation, 2008, public expenditure is 468 million, independent foundations accounted for 81%; look at the number of donations, still accounted for 61% of independent foundations, community foundations account for only 14%.
In China, the current public offering foundations and non-public offering was almost 1:1, the charity with limited resources, the natural result of competition to win a few private foundations. In fact, private foundations with private foundations do not have the advantage of speaking from the founder's wishes, some people do not want to absorb the charitable donation is a typical Ford Foundation, Ford Foundation, until now still any organization or individual donations to them. Therefore, do not think that private foundations is how special privileges, we just need to rethink how resources, the rationalization of public funds issue.
in Shenzhen to the Jet Li One Foundation to qualified public offering, after a Wanglian Jie, Zhang Lianjie can not it? Private Foundation is not to be eligible for a restriction? Public fund-raising set of administrative licensing, this is not unique to China, in fact, the United Kingdom, the United States government has publicly fund-raising interventions. Internationally accepted a reasonable idea of the administrative license are: identification code of conduct type + type. Identity type (preliminary identification): For the definition of public interest organizations, profit and mutual benefit fund-raising organization shall not be disclosed, the Government shall not be disclosed under normal fund-raising. Code of Conduct style: define the behavior for the public offering, while the behavior for specific prior approval of public offering, set to open fund-raising passage of specifications.
the movie Private foundations, enjoy the many public resources, which means to assume its responsibilities for stakeholders, which we call Accountability is a public foundation committed to its stakeholders, social accountability, including the general public, news media, donors, directors, employees, volunteers and many other stakeholders the responsibility and obligations.
First, the organization set up of the accountability system. For the establishment of private foundations, the applicant is required to submit application materials and related information, and will be registered in the competent authorities. Second, the application for tax-exempt status of the accountability system. Organizations for tax-exempt status, we also need to submit relevant information. Third, the organization during its existence accountability. Per year and the annual inspection to the competent authorities to submit annual reports. According to China's relevant regulations, the annual work report should include: financial accounting report, CPA audit reports, carry out fund-raising, donations, funding and other activities as well as changes in personnel and other agencies. Fourth, the organization has terminated the accountability system. The dissolution of any public foundation, to be liquidated, finished in the settlement of the underlying debt, the transfer of its remaining property should be given to the object and purpose of the organization is most similar to other non-profit organizations. Fifth, for public accountability. This is a private foundation information disclosure requirements. Such as requiring the Fund shall be made at least the following information: annual reports, fund-raising activities of private foundations, organizations and foundations to carry out public information on funding projects.
proposed accountability system so that public funds have the obligation and responsibility to explain to the public. Of course, non-profit organization should establish its sound internal governance structure, the development and implementation of good rules of procedure. This is the practice of the foundation of accountability and protection. Accountability is a heavy word, but a heavy public funds to resolve this is by virtue of
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