Research On Legal Personality Of Corporate Foundations

Corporate foundations are independent legal entities that are mainly funded by corporations to set up charities for their own purposes.They have the ability to independently assume responsibilities,are independent of the assets of donors,and are independent operational management models.They are a typical form of the foundation.With the continuous improvement of corporate social responsibility and the flourishing development of private charitable organizations,the number of corporate foundations has increased year by year and has gradually become an important force for charity.However,as the main regulation for the supervision of foundations,after a long period of implementation,Regulations On Administration of Foundations 2004 has already drawbacks that do not meet the needs of the times,resulting in a number of problems in the development process of corporate foundations.In order to promote the healthy development of corporate foundations,the author chooses the perspective of corporate system,draws on the beneficial experience in corporate systems and the current regulatory system of other social public interest groups at home and abroad in order to allow corporate foundations to operate in a legal and orderly corporate framework.This article analyzes the legal person system of the enterprise foundation based on the two major elements of the foundation's purpose and property,and focuses on the following contents and draws corresponding results:Through the analysis of the characteristics of foundations and the characteristics of corporate foundations,the differences between foundations and other charitable organizations,corporate foundations,and other forms of foundations are derived.Based on the theory of civil law civil law corporations,the Foundation's consortium is drawn.Legal attributes,as well as the core elements of the two major foundations of purpose and property.Through comparison with for-profit corporations,the unique value of the purpose and property to the foundation is drawn.From the perspective of purpose and property,we examined the current foundation legal person system and found that there is a dual management system that restricts more social forces from investing in charity.Foundation policy-making organs have the power to revise the Foundation's purpose so that the crisis occurs.Lack of supervision over control issues may lead to problems such as the Foundation's operation against its purpose,the foundation's establishment of property,lack of management of charitable assets and investment systems,and the inadequacy of the information disclosure system.In conjunction with the forthcoming opportunity to revise the “Regulations on the Management of Foundations”,based on the problems identified above,a series of targeted recommendations were made: seeking exit paths for dual management systems,implementing classified management of foundations,clarifying the authority of the foundation's decision-making bodies,and limiting The proportion of "insiders" in the board of directors' supervisors,the improvement of the foundation's property management system,and the information disclosure system are all beneficial to the improvement of corporate foundation legal person systems.