The full text of the articles of association of China Foundation for Poverty Alleviation is as follows:
chapter one
Article 1 The name of this Foundation is China Foundation for Poverty Alleviation. English translation of China Foundation for Poverty Alleviation, CFPA for short.
Article 2 The Foundation belongs to the public offering foundation.
The geographical scope of the Fund's public offering is: inside and outside People's Republic of China (PRC).
Article 3 The purpose of this Foundation is to help poor communities and poor people improve their production conditions, living conditions and health conditions, improve their quality and ability, and realize poverty alleviation and sustainable development.
Article 4 The original fund of the Foundation is RMB10 million, which comes from donations from relevant organizations and enterprises.
Article 5 The registration authority of this Foundation is the Ministry of Civil Affairs of the People's Republic of China, and the business authority is the Office of the Leading Group for Poverty Alleviation and Development of the State Council.
Article 6 The domicile of the Foundation: floors 4 and 5, South Building, No.36 Shuangyushu Xili, Haidian District, Beijing.
chapter two
Article 7 The business scope of public welfare activities of the Foundation
(1) Accepting donations of funds, materials and technical assistance from governments, organizations, enterprises and individuals at home and abroad who enthusiastically support poverty alleviation in China in accordance with the Law of People's Republic of China (PRC) on Donations for Public Welfare;
(two) in accordance with the principles of legality, voluntariness and effectiveness, carry out various poverty alleviation activities and raise funds and materials for poverty alleviation through multiple channels;
(three) to support the poor communities in China to carry out the necessary education, health, environment and cultural construction;
(4) Support poor families and population to improve their production and living conditions, improve their quality and ability, and achieve the goal of getting rid of poverty and becoming rich;
(five) to provide emergency relief to areas suffering from natural disasters, to alleviate the suffering of victims and to carry out post-disaster reconstruction;
(six) to promote the contact, exchange and training between poor areas in China and developed coastal areas and overseas, and to reserve talents for the development of poor areas;
(7) Providing excellent consultation, trusteeship and service cooperation for all domestic and foreign governments, organizations, groups, enterprises and individuals who care about, support and are enthusiastic about poverty alleviation in China;
(eight) actively participate in public affairs, consciously assume social responsibilities, and strive to promote the construction of public affairs accountability system;
(nine) the foundation shall, in accordance with the regulations of the State Council on the administration of People's Republic of China (PRC) Foundation and the relevant provisions of the People's Bank of China, set up RMB accounts and foreign exchange accounts, and carry out independent accounting. Manage the collection and use of funds in accordance with the principles of science, legality and openness.
chapter three
Article 8 The Foundation consists of more than 5 directors and less than 25 directors.
The term of office of the directors of the foundation is 4 years, and they can be re-elected if they are re-elected.
Article 9 Qualifications of directors:
Celebrities who are enthusiastic about poverty alleviation in China;
(two) people who have made important contributions to the cause of poverty alleviation in China;
(three) the main donors of the foundation;
(four) experts and scholars in the field of public welfare poverty alleviation.
Article 10 Election and removal of directors:
(1) The first directors shall be nominated by the competent business unit, major donors and sponsors respectively and determined through consultation.
(II) When the board of directors is reelected, the competent business unit, the board of directors and major donors * * * nominate candidates and organize a general election leading group to organize all candidates * * * to elect new directors.
(3) The replacement or increase of directors shall 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.
(5) Those who have close relatives may not serve as members of the Council.
Article 1 1 Rights and obligations of directors
(1) Election, being elected and voting rights of foundations;
(2) The right to participate in activities organized by the Foundation;
(3) Having the right to criticize, supervise and make suggestions on the work of the Foundation;
(four) abide by the articles of association of the foundation and safeguard the legitimate rights and interests of the foundation;
(5) Enthusiastic support for the work of the Foundation;
(six) to reflect the situation to the foundation and provide relevant information.
Article 12 The decision-making body of the foundation is the board of directors. The Council shall exercise the following functions and powers:
(a) to formulate and amend the articles of association;
(two) to elect and recall the chairman, vice chairman and secretary general;
(3) Deciding on plans for major business activities, including plans for fund raising, management and use;
(4) Annual budget and final accounts;
(five) to formulate 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. Special circumstances can also be held in the form of communication.
More than 1/3 directors proposed that a board meeting must be held. If the chairman is unable to convene the meeting, the convener may be elected by the proposing director.
When convening a board meeting, the chairman or convener 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.
Resolutions on the following important matters must be voted by the directors present at the meeting and passed by more than two thirds of the directors.
(1) Amending the Articles of Association;
(two) to elect or recall the chairman, vice chairman and secretary general;
(3) Major fund-raising and investment activities 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 shall have two to five 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) The supervisors shall be selected by the major donors and the competent business unit 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.
Twentieth directors who receive remuneration from the foundation shall not exceed 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) Having great influence in the business field of the Foundation;
(2) The maximum age of the chairman, vice-chairman and secretary-general shall not exceed 70, and the secretary-general shall be full-time;
(3) Being in good health and able to stick to normal work;
(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:
(a) belongs 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 four 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.
The legal representative of the Foundation shall be a resident of Chinese mainland.
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 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.
The vice chairman and secretary general of the Foundation shall work under the leadership of the chairman, and the secretary general shall exercise the following functions and powers:
(a) to preside over the daily work of the Council and organize the implementation of the resolutions of the Council;
(2) Organizing the implementation of the annual public welfare activity plan of the Foundation;
(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;
(five) to coordinate the work of various agencies;
(six) 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;
(seven) to propose the appointment or dismissal of the principal responsible persons of various institutions, which shall be decided by the Council;
(eight) to decide on the employment of full-time staff in various institutions;
(9) The articles of association and other powers granted by the board of directors.
chapter four
Article 29 The Foundation is a public offering foundation, and its income comes from:
(1) Income from organizing fund-raising;
(2) Voluntary donations from natural persons, legal persons or other organizations;
(3) Investment income;
(4) Other lawful income, etc.
Article 30 When organizing fund-raising and accepting donations, foundations shall abide by laws and regulations, and conform to the purposes stipulated in the articles of association and the business scope of public welfare activities.
Article 31 When organizing fund-raising, the foundation shall announce to the public the detailed plans for the public welfare activities and the use of funds to be carried out after fund-raising. Major fund-raising activities shall be reported to the competent business unit and the registration authority for the record.
The Foundation shall not apportion donations in any form or in disguised form.
Article 32 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 33 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 34 The property of the Foundation shall be mainly used for:
(a) the implementation of the provisions of the articles of association of charitable donations;
(two) the management fees of public welfare funded projects;
(3) Wages, benefits and administrative expenses of the staff of the Foundation.
Article 35 The main fund-raising and investment activities of the Foundation refer to:
(a) Public-oriented fund-raising activities;
(two) to carry out and implement large-scale fund-raising activities nationwide;
(3) Investment activities with an amount of more than 2 million yuan.
Article 36 A foundation shall maintain and increase the value of the fund in accordance with the principles of legality, safety and effectiveness.
Article 37 The annual expenditure of the foundation for engaging in public welfare undertakings as stipulated in the articles of association shall not be less than 70% of the total income 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.
Article 38 foundations shall disclose the types, application and evaluation procedures of public welfare funded projects.
Thirty-ninth 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.
If the foundation uses the 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 to cancel the donation or terminate the donation agreement.
Article 40 A foundation may sign an agreement with the donee to stipulate the way and amount of funding, as well as the use and method of funds.
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 41 The Foundation shall implement the unified national accounting system, conduct accounting according to law, establish and improve the internal accounting supervision system, and ensure the legality, truthfulness, accuracy and completeness of accounting data.
The Foundation accepts the tax supervision and accounting supervision implemented by the competent tax and accounting departments according to law.
Article 42 The Foundation is 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 43 The operating fiscal year of the Foundation is June+10/October 1 day to 1 February, 6438. Before March 3 1, the board of directors will examine and approve the following matters:
(a) the business report and final accounts of the previous year;
(2) Annual business plan and budget;
(3) list of property.
Article 44 The foundation shall conduct annual inspection, change, change of legal representative and liquidation, and conduct financial audit.
Forty-fifth 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-sixth 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 public inquiries and supervision.
chapter five
Article 47 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) Dissolve by itself.
Article 48 The termination of the 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 49 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 50 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:
Continue to fulfill the signed contracts for funding projects in poverty-stricken areas and poor people.
If it cannot be handled in the above way, the registration authority will organize donations to social welfare organizations with the same nature and purpose as the foundation and announce them to the public.
Chapter vi
Article 51 Any amendment to 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
Article 52 The Articles of Association was adopted by the board of directors on April 4, 2005.
Article 53 The right to interpret the Articles of Association belongs to the Council.
Article 54 The Articles of Association shall come into force as of the date of approval by the registration authority.
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