Civil Code: Legal Entity - Nonprofit Legal Entity

Civil Code: Legal Entity - Nonprofit Legal Entity
 
(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the authors.)
 
Section 3 Nonprofit Legal Entity
 
Article 87 Nonprofit legal entity means any legal entity established for public welfare or other not-for-profit purposes and not for distributing profits to its contributors, founders or members.
 
Nonprofit legal entities include but are not limited to public institutions, social organizations, foundations and social service entities.
 
Article 88 A public institution that qualifies as a legal entity and is established to meet the needs of economic and social development and provide public welfare services shall be granted the status of a public institution as a legal entity on the date of its registration according to law, or on the date of its establishment if it is not required to be registered according to law.
 
Article 89 Where a public institution as a legal entity has a council, the council shall be its governing body unless otherwise specified by law. The legal representative of a public institution as a legal entity shall be appointed in accordance with the applicable provisions of laws, administrative regulations, or its articles of association.
 
Article 90 A social organization that qualifies as a legal entity and is established for public welfare purposes, the common interests of its members, or other not-for-profit purposes, based on the common will of its members, shall be granted the status of a social organization as a legal entity on the date of its registration according to law, or on the date of its establishment if it is not required to be registered according to law.
 
Article 91 For the purpose of establishing a social organization as a legal entity, the legal entity's articles of association shall be developed according to law.
 
A social organization as a legal entity shall establish a meeting of members, a meeting of member representatives, or any other governing body.
 
A social organization as a legal entity shall establish a council or any other executive body. The director-general, president, or any other principal person of the council shall act as the legal representative of the legal entity in accordance with its articles of association.
 
Article 92 A foundation, social service entity, or any other entity that qualifies as a legal entity and is established with donated property for public welfare purposes, shall be granted the status of a donation institution as a legal entity on the date of its registration according to law.
 
A legally established venue for religious activities that qualifies as a legal entity shall be granted the status of a donation institution as a legal entity upon its application for registration, unless otherwise specified by laws and administrative regulations applicable to religious venues.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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We are a group of China local lawyers from a few law firms
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