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On The Creation Of Charitable Legal Person In China

Posted on:2011-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y L PengFull Text:PDF
GTID:2166360308468983Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The charitable legal person is the main forms of which citizens, legal persons or other organizations participates in charitable actives To obtain legal personality, Charitable organizations must be through the establishment of an independent act. Charitable legal person's establishment is the beginning of philanthropy movement and playing a fundamental role in the development of philanthropy movement. Charitable Corporation established mainly including three aspects, which are the establishment of principles, conditions and confirmation procedures for the establishment.Established legal principle of charity reflects the macro-state charitable corporation established by the legislative approach and directly impacts on elastic threshold level of charitable corporate to access. Charitable Corporation has gone through the establishment of the principle of freedom of establishment and then to permit the establishment of the franchise set up process. At present the major countries or regions of extra-territorial legal establishment of the principle of charity most use permit to establish doctrine. My current set up on the charitable uses of corporate "double permit" the principle that the establishment of corporate charity is not only competent authority to obtain business license, but also to the civil affairs departments to the approval and registration. This transition period of China's standard corporate charitable establishment and operation have a greater positive effect. But with China's social and economic development, this "double permit" the establishment of the principle can not meet the needs of the community.The establishment of charitable corporation must meet certain conditions. The establishment of conditions of corporate charity set up mainly by the objective of setting up people, funding, and several other areas of the constitution. Charitable purpose is a Pre-condition for the establishment of charitable, is the core components of charitable corporation with independent legal personality, and is also related to the charitable tax exemption status of legal access and the subsequent identification of the various acts. The main purpose of charitable corporation is from the legitimacy, breadth and technical to identify. The establishment of a charitable corporation who shall have the right to civil law capabilities and capacity. According to legal theory and legal practice, natural and legal persons or other organizations, as long as no legal restrictions, can become Charity Establishment of legal persons. The contributions to charitable corporation established depend in the socio-economic development level while the charity set up in the legal form of capital contributions with money, in kind, stock, dividends, etc. As the charity does not mean its legal authority, its executive body (the Board or the Council) shall be in accordance with the Constitution to engage in behavior consistent with corporate objectives established, and the management of corporate charity.Recognized charitable corporation established is implemented by the competent authorities. The competent authority of the charitable corporation established to confirm the status of major corporate and charitable status. Legal recognition of charitable status should be considered separately Charitable Foundation-style corporate legal and corporate-style charitable difference. For confirmation of charitable status, under normal circumstances is confirmed by the administrative licensing authority or registration authority, if the review relates to tax-exempt will be confirmed by the tax authorities.
Keywords/Search Tags:Charitable corporation, Established principle, Established condition, Confirmation procedure, The competent authority
PDF Full Text Request
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