I. Registration of establishment
(a) what conditions should be met to apply for the establishment of a social organization?
The establishment of a social organization shall meet the requirements of a legal person.
1, there are more than 50 individual members or more than 30 unit members (the industry association is dominated by unit members, and the industry coverage is large); Individual members and unit members are mixed, and the total number of members shall not be less than 50 (except foundations);
2, a standardized name and the corresponding organization;
3. Have a fixed address;
4, there are full-time staff to adapt to their business activities;
5, there are legitimate sources of assets and funds, national social organizations have more than100,000 yuan of activity funds, local and cross-administrative social organizations have more than 30,000 yuan of activity funds (the foundation should have more than100,000 yuan of registered funds and more than 2 million yuan of activity funds; The civil affairs department of the government at or above the provincial level can register the foundation);
6. Have the ability to bear civil liability independently.
If you do not meet any of the above conditions, you cannot apply for the establishment of a social organization.
(2) What are the main procedures for applying to form a social organization?
1, application preparation: with the consent of the relevant competent business units, the sponsors shall submit the relevant documents for the establishment of social organizations to the registration authority.
The registration authority shall, within 60 days from the date of receiving all valid documents for the preparation of social organizations, make a decision on whether to approve or disapprove the preparation; If it is not approved, it shall explain the reasons to the promoters.
2. Application for registration of establishment: A social organization to be established with the approval of the registration administration organ shall convene a general meeting or a general meeting of its members within 6 months from the date of approval, adopt its articles of association, produce an executive body, a responsible person and a legal representative, and apply to the registration administration organ for registration of establishment.
The registration administration organ 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 the relevant documents. For those who meet the conditions for the establishment of social organizations, registration shall be granted, and a Certificate of Registration of Social Organizations as Legal Persons shall be issued, and the organizations shall be required to submit the following filing materials: the filing form of social organization seal, the filing form of social organization account, the filing form of social organization holding entity and a copy of organization code certificate.
(three) what materials should be submitted to the registration authority when applying for the preparation of social organizations?
1, prepare the application;
2. Application Form for Preparing to Establish a Social Organization (form 1,No.:1201);
3, the competent business unit to review and approve the preparation documents;
4. Capital verification report of activity funds;
5, the use of office space, duration and address, postal code, contact telephone and other information;
6. Filing Form for Persons in Charge of Social Organizations (Table 2,No.1205);
7. Draft articles of association (drafted according to the model text of the articles of association of social organizations of the Ministry of Civil Affairs);
8. Other materials that need to be explained.
(four) what materials should be submitted to the registration authority when applying for the registration of the establishment of social organizations?
1, the registration application report signed by the person in charge of the social organization applying for establishment;
2. Registration Form of Social Organizations as Legal Persons (Table 3,No.:1203);
3. Registration Form of Legal Representatives of Social Organizations (Table 4,No.:1204);
4, the articles of association of social organizations adopted by the general assembly or the general assembly;
5. Approval Form for Articles of Association of Social Organizations (Table 5,No.:1215);
6. Registration Form of Social Organizations (Table 6,No.1207);
7. Roster of unit members and individual members (including name, address and telephone number).
(five) what are the circumstances in which the registration authority does not approve the preparation of social organizations?
As long as there is one of the following circumstances, the registration authority shall not approve the preparation of social organizations:
1, the purpose and business scope of the application for the preparation of social organizations do not conform to the provisions of Article 4 of the Regulations on the Administration of Registration of Social Organizations, that is, they violate the Constitution, laws, regulations and national policies, oppose the Four Cardinal Principles, endanger national security and national unity, and harm national interests, social interests and the legitimate rights and interests of other organizations and citizens, and violate social morality; Engaging in illegal business activities in the name of social organizations to seek benefits and disrupt the normal economic order.
2. In the same administrative region, the establishment of "the same social group" or "similar social group" with the same purpose and business scope is bound to lead to cross-business, excessive abuse and even adverse international influence.
3. The sponsor or the person-in-charge who applies for organizing a social organization is being or has been subjected to criminal punishment of deprivation of political rights, or does not have full capacity for civil conduct, and cannot bear civil liability independently. However, people who have been deprived of political rights and have been allowed to resume their punishment may become individual members of a social group and enjoy the right of association.
4. Social organizations applying for preparation resort to deceit, using false materials and false certificates to deceive the registration authority.
5. The relevant laws and administrative regulations of the state prohibit the social organizations applying for preparation.
(6) What provisions should be followed in determining the names of social organizations?
Standardized names of social organizations should conform to the provisions of the current laws and regulations of the state, and there should be no content that contradicts them; To meet the requirements of socialist spiritual civilization construction, there must be no feudal superstitions, unhealthy customs and contents inconsistent with the actual national conditions. Specifically, the following four points must be considered in determining the name of a social group:
1, define the administrative regions, and prefix the names of national social organizations with the words "National", "China" and "China"; The names of local social organizations shall not be preceded by the words "National", "China" and "China", but by the names of corresponding administrative regions.
2, reflect the scope of business, consistent with social norms.
3. Identify the nature of social groups. In order to distinguish them from organs, enterprises and institutions, social groups are generally called associations, societies, research associations, promotion associations, federations, fraternity associations, foundations and chambers of commerce.
4. Do not use the name of a social organization that has been explicitly revoked or banned by the social organization registration authority.