Who knows what the purpose of celebrity charity fund is?

Different people have different purposes. I believe that if we act in accordance with the articles of association of the foundation, its purpose is social welfare, but there are also a few people who have other purposes, either to be famous or to avoid taxes. A look at its provisions will deepen our understanding: the online excerpt is as follows: the provisions are 7 chapters and 48 articles. Compared with the Measures for the Administration of Foundations promulgated by 1988, this regulation is not only richer in content, but also more complete in system, which can be said to be a redrafting of the Regulations on the Administration of Foundation Registration. The "Regulations" runs through the guiding principles that emphasize cultivation and development from beginning to end, so as to standardize management and promote the healthy development of foundations. Under this guiding principle, the "Regulations" mainly embodies the following eight important features.

1. The Regulations clarify the public welfare nature of foundations and emphasize the importance of public welfare purposes. Public welfare is the essential feature of the foundation and the sole purpose of its establishment. Ensuring the public welfare of foundations is the fundamental task of the Regulations. The beneficiaries of non-profit organizations are usually unspecified individuals and groups, and any individual or group can accept its funding as long as it meets the requirements of its purpose and business scope. The fund of the foundation comes from and serves the society. In order to achieve this goal, the regulations have made many clear provisions. For example, the foundation is defined as "a non-profit legal person established in accordance with the provisions of this Ordinance for the purpose of using the property donated by natural persons, legal persons or other organizations to engage in public welfare undertakings", emphasizing the public welfare nature of the foundation to distinguish it from other trust and investment funds, for-profit fund management organizations and other non-governmental public welfare organizations. The public welfare nature of the foundation determines that its property must be used for public welfare purposes and protected. Paragraph 1 of Article 27 of the Regulations stipulates: "The property and other income of the Foundation shall be protected by law, and no unit or individual may privately divide, occupy or misappropriate it." Article 33 also stipulates: "The remaining property after the cancellation of the foundation shall be used for public welfare undertakings in accordance with the provisions of the articles of association; If it cannot be handled in accordance with the provisions of the articles of association, the registration authority shall organize donations to social welfare organizations with the same nature and purpose as the foundation, and make an announcement to the public. "

2. The regulations establish the principle of classified management and encourage all sectors of society to participate in public welfare undertakings. The Regulations divide foundations into "public offering foundations", that is, foundations that raise funds for the public (at present, most of the registered foundations in China are public offering foundations). And "non-public offering foundations", that is, foundations that are not allowed to raise funds from the public, have added a new category of non-public offering foundations. It is allowed to name non-public offering foundations in the name of enterprises and individuals; For non-public foundations established with private property, relatives of donors are allowed to hold board positions in a limited proportion. According to foreign experience, non-public offering foundation is an effective way to guide the property of individuals and organizations to flow to the society, especially to the disadvantaged groups, and it is also a way to realize the redistribution of social wealth, which can mobilize the enthusiasm of enterprises and individuals to the maximum extent, attract more social resources to engage in public welfare undertakings, and make public welfare undertakings have multiple sources of funds. For non-public offering foundations, the "Regulations" stipulate that the state shall adopt a policy of support and encouragement, and the provisions on the name, registration conditions and use of funds of the foundation are relatively loose. In order to standardize fund-raising activities for the public, protect caring resources, reduce the burden on the public and maintain social stability, the behavior management of public offering foundations is strict.

3. The "Regulations" adapt to the new situation of reform and opening up, and bring foreign-related foundations into the management scope stipulated in the Foundation Law. The "Regulations" adapt to the new situation of the management of foreign-related non-governmental organizations, incorporate foreign-related foundations into the legal framework for the management of domestic non-governmental organizations, and carry out registration management according to law. The Regulations have no restrictions on the establishment of foundations at home and abroad. Foreigners, Hong Kong, Macao and Taiwan residents are allowed to set up foundations in China, overseas foundations are allowed to set up representative offices in Chinese mainland, and overseas foundations are encouraged to enter China to carry out public welfare activities. These regulations not only solve the problems of the establishment and management of foreign-related foundations, but also win more external support for the development of public welfare undertakings in China. They also carried out useful policy and practical exploration for further revising and promulgating the Regulations on the Registration and Administration of Social Organizations and the Provisional Regulations on the Registration and Administration of Private Non-enterprise Units, and determining the establishment, management and legal status of foreign-related NGOs. The regulations incorporate the management of overseas foundations' activities in China into the management framework of domestic NGOs, and stipulate that representative offices of overseas foundations should engage in public welfare activities in China. Overseas foundations shall bear civil liabilities for the civil acts of their representative offices in Chinese mainland in accordance with the laws of China. Considering that China is a developing country with a heavy public welfare burden and limited fundraising resources, the regulations also require overseas foundation representative offices not to organize fundraising and accept donations in China.

4. The "Regulations" have made public provisions on the ways of maintaining and increasing the value of funds. The preservation and appreciation of the foundation is the focus of the foundation's operation. The regulations are too strict and the foundation lacks vitality; If the regulations are too loose, the risk of maintaining and increasing the value of the foundation will increase, which is a difficult policy dilemma to grasp. The situation of foundations is very different, so it is difficult to apply specific rules of maintaining and increasing value to each foundation. Therefore, the "Regulations" make rules according to international practice, and do not make specific requirements for the preservation and appreciation of foundations, but only make principled and open provisions, trying to solve the constraints on the investment behavior of foundations through social supervision and internal supervision, and at the same time increasing the "fault compensation" clause. It is stipulated that if the property loss of the foundation is caused by improper decision-making, the directors involved in the decision-making shall bear the corresponding liability for compensation to ensure that the foundation acts prudently in its investment behavior.

5. The regulations encourage foundations to raise funds, engage in public welfare activities, and form a virtuous circle mechanism of their own capital operation. The ability of the foundation to raise and operate funds is the key to ensure its survival and development. Only by raising a large amount of funds can the foundation achieve the public welfare goal pursued by its articles of association to the maximum extent. At present, many foundations are not good at fundraising and rarely carry out influential public welfare activities, which are gradually shrinking due to lack of vitality. And some successful foundations often form their own virtuous circle mechanism by establishing a good social image. In order to achieve this goal step by step, the regulations stipulate the guarantee from the system, regard the annual public welfare expenditure of the foundation as an important standard to measure whether the foundation has completed the public welfare task, and stipulate that the annual public welfare expenditure of the public offering foundation shall not be less than 70% of the total income of the previous year; Non-public offering foundations shall use not less than 8% of the fund balance of the previous year for public welfare undertakings as stipulated in the articles of association; Those who fail to complete the public welfare fund expenditure quota according to the regulations will be punished until they are revoked. It can be seen that foundations that exist in name only and do not engage in actual public welfare activities will hardly have a legal basis and conditions for survival in the future.

6. The regulations established the principle of openness and transparency, and further improved the supervision and management mechanism. Article 5 of the Regulations clarifies that "foundations shall follow the principles of openness and transparency when engaging in public welfare activities in accordance with their articles of association". The regulations also make corresponding provisions on government supervision and social supervision. For example, the Regulations clarify the respective responsibilities of the registration authority and the competent business unit in terms of registration, daily supervision and annual inspection, and stipulate the details of various illegal acts and corresponding legal responsibilities. At the same time, the Regulations also stipulate that foundations shall accept the annual inspection, tax supervision and accounting supervision carried out by tax and accounting authorities according to law; After passing the annual inspection by the registration authority, the foundation shall publish the annual work report in the media designated by the registration authority and accept the inquiry and supervision of the society; When a public fundraising foundation organizes fundraising, it shall announce to the public the public welfare activities to be carried out after fundraising and the detailed plan for the use of funds; The disposal of surplus property by the foundation shall be announced to the public.

7. The Regulations emphasize the need to establish a standardized internal self-discipline and restraint mechanism within the foundation. In view of the lack of internal norms and imperfect self-discipline mechanisms of some foundations, the Regulations require foundations to establish various self-discipline systems with articles of association as the core, and set up a chapter on foundation "organization" according to the characteristics of non-profit legal person organizations, clearly stipulating that the board of directors is the decision-making body of the foundation, and standardizing the composition of the board of directors, the procedures for deliberation and decision-making, and the establishment and functions of supervisors. Rules have been formulated to prevent conflicts of interest between the internal staff of the foundation and the public welfare purpose of the foundation. By limiting the number of directors who receive remuneration from the foundation, it is stipulated that supervisors and directors who work part-time in the foundation shall not receive remuneration from the foundation, and the legal representative of the foundation shall not serve as the legal representative of other organizations at the same time, so as to guide the foundation to establish self-discipline and self-restraint mechanisms and standardize the foundation's behavior.

8. The Regulations clarify the principle of tax preference and strengthen tax supervision. It is a common practice in all countries to support and supervise foundations through tax means and give tax incentives to foundations and their donors. Tax relief measures are an important policy environment for the development of foundations and other organizations. At present, China is still in the exploration stage in this respect. In order to encourage the development of public welfare undertakings, China has successively introduced some preferential tax policies to promote the development of public welfare undertakings. However, these policies and regulations are not systematic and scattered in many relevant documents, and many practical problems have been encountered in the implementation process. Article 26 of the Regulations stipulates that "foundations, donors and beneficiaries can enjoy tax preferences in accordance with laws and administrative regulations", establishes the general principle of tax preferences, and shows that foundations, donors and beneficiaries can enjoy tax preferences in accordance with laws and regulations. As for the specific measures of tax incentives, relevant departments are currently studying and formulating relevant regulations. While enjoying preferential tax treatment, foundations shall go through tax registration according to law and accept the supervision of tax authorities. For foundations that violate the law, the tax authorities may also require them to pay back the tax relief enjoyed during the existence of the illegal act. The Regulations encourage the development of foundations and strengthen the supervision of foundations by affirming preferential tax policies.