Interpretation of the full text of the regulations on the registration and management of social organizations in 219

general provisions

Article 1

These regulations are formulated in order to protect citizens' freedom of association, safeguard the legitimate rights and interests of social organizations, strengthen the registration and management of social organizations, and promote the construction of material and spiritual civilization.

Article 2

The term "social organizations" as mentioned in these Regulations refers to non-profit social organizations formed voluntarily by China citizens, which carry out activities in accordance with their articles of association in order to realize the consent of their members.

organizations other than state organs can join social organizations as unit members.

Article 3

The establishment of a social organization shall be subject to examination and approval by the competent business unit, and shall be registered in accordance with the provisions of these Regulations.

A social organization should have the qualifications of a legal person.

The following organizations do not fall within the scope of registration stipulated in these Regulations:

(1) People's organizations participating in the China People's Political Consultative Conference;

(2) organizations approved by the establishment management authority of the State Council and exempted from registration with the approval of the State Council;

(3) Organizations established within organs, organizations, enterprises and institutions with the approval of their own units and operating within their own units.

Article 4

Social organizations must abide by the Constitution, laws, regulations and national policies, and must not oppose the basic principles set by the Constitution, endanger national unity, security and national unity, harm national interests, social interests and the legitimate rights and interests of other organizations and citizens, or violate social morality.

Social organizations are not allowed to engage in profit-making business activities.

Article 5

The state protects social organizations from carrying out activities in accordance with laws, regulations and their articles of association, and no organization or individual may illegally interfere.

Article 6

The civil affairs departments of the State Council and the local people's governments at or above the county level are the administrative organs for the registration of social organizations of the people's governments at the corresponding levels (hereinafter referred to as the administrative organs for registration).

The relevant departments of the State Council and the relevant departments of local people's governments at or above the county level, and the organizations authorized by the local people's governments at or above the county level in the State Council are the competent business units of social organizations within the relevant industries, disciplines or business scope (hereinafter referred to as the competent business units).

If there are other provisions in laws and administrative regulations on the supervision and management of social organizations, the relevant laws and administrative regulations shall prevail.

Article 7

National social organizations shall be registered and managed by the registration authority in the State Council; Local social organizations shall be registered and managed by the registration administration organ of the local people's government; Social organizations across administrative regions shall be registered and managed by the registration authority of the people's government at the next higher level.

Article 8

If the registration administration organ and the competent business unit are not located in the same place as the social organization under their jurisdiction, they may entrust the registration administration organ and the competent business unit at the domicile of the social organization to be responsible for the supervision and management within the entrusted scope.

Registration of establishment

Article 9

An application for the establishment of a social organization shall be examined and approved by the competent business unit, and the promoters shall apply to the registration authority for registration. (Revised Edition 216) The promoters shall apply to the registration authority for preparation (1998 Edition)

During the preparation period, activities other than preparation shall not be carried out. (This paragraph was added in the revised edition of 216)

Article 1

To establish a social organization, the following conditions shall be met:

(1) There are more than 5 individual members or more than 3 unit members; Individual members and unit members are mixed, and the total number of members shall not be less than 5;

(2) Having a standardized name and corresponding organization;

(3) Having a fixed residence;

(4) Having full-time staff suitable for their business activities;

(5) It has legal assets and funding sources, and the national social organizations have activity funds of more than 1, yuan, and the local social organizations and social organizations across administrative regions have activity funds of more than 3, yuan;

(6) Having the ability to bear civil liability independently.

The names of social organizations shall conform to the provisions of laws and regulations and shall not violate social morality. The name of a social organization should be consistent with its business scope, membership distribution and activity area, and accurately reflect its characteristics. The names of national social organizations with the words "China", "National" and "China" shall be approved in accordance with the relevant provisions of the state, and the names of local social organizations shall not be prefixed with the words "China", "National" and "China".

Article 11

To apply for registration of a social organization (revised edition 216) and to prepare for the establishment of a social organization (revised edition 1998), the promoters shall submit the following documents to the registration authority:

(1) an application for registration; (Revised Edition 216) Preparation Application (1998 Edition)

(2) Approval documents of the competent business unit;

(3) capital verification report and proof of the right to use the site;

(4) Basic information and identity certificates of the promoters and the person-in-charge to be appointed;

(5) Draft articles of association.

Article 12

The registration administration organ shall, within 6 days from the date of receiving all valid documents listed in Article 11 of these Regulations, make a decision on whether to approve or not to register. If the registration is granted, a Certificate of Registration of Social Organizations as Legal Persons shall be issued; If the registration is not granted, the reasons shall be explained to the promoters. (revised in 216)

The registered items of social organizations include: name, domicile, purpose, business scope, activity area, legal representative, activity fund and business competent unit. (revised in 216)

The legal representative of a social organization shall not be the legal representative of other social organizations at the same time. (Revised Edition of 216)

The registration administration organ shall make a decision on approval or disapproval of the preparatory work within 6 days from the date of receiving all valid documents listed in Article 11 of these Regulations; If it is not approved, it shall explain the reasons to the promoters. (1998 edition)

Article 13

In any of the following circumstances, the registration authority shall not register: (216 revised edition) No approval shall be granted for preparation (1998 edition)

(1) There is evidence to apply for registration (216 revised edition) and apply for preparation (1998 edition).

(2) There are already social organizations with the same or similar business scope in the same administrative area, and it is unnecessary to establish them;

(3) The promoter or the person-in-charge to be appointed is being or has been subjected to criminal punishment of deprivation of political rights, or does not have full capacity for civil conduct;

(4) practicing fraud in the preparation of the application;

(5) Other circumstances prohibited by laws and administrative regulations.

Article 14 (revised in 216, this article was deleted, and the original 1998 version was "Article 14")

A social organization to be established shall convene a general meeting or a general meeting of its members within 6 months from the date when the registration authority approves the preparation, adopt its articles of association, produce an executive body, a responsible person and a legal representative, and apply to the registration authority for establishment registration. During the preparation period, activities other than preparation shall not be carried out.

The legal representative of a social organization may not be the legal representative of other social organizations at the same time.

Article 14 (revised version in 216, original "Article 15" in 1998)

The articles of association of a social organization shall include the following items:

(1) Name and domicile;

(2) Purpose, business scope and activity area;

(3) Membership and its rights and obligations;

(4) a democratic organization and management system, and the procedures for the formation of executive organs;

(5) the conditions of the person in charge and the procedures for the selection and removal;

(6) Principles of asset management and use;

(7) Procedures for amending the Articles of Association;

(8) Termination procedures and disposal of assets after termination;

(9) Other matters that should be stipulated in the articles of association.

Article 16 (revised in 216, this article was deleted, and the original version was "Article 16" in 1998)

The registration administration organ shall complete the examination within 3 days from the date of receiving the registration application and relevant documents of the social organizations that have completed the preparatory work. For social organizations that are not listed in Article 13 of these regulations, and whose preparatory work meets the requirements and the articles of association are complete, registration shall be granted and a Certificate of Registration of Social Organizations as Legal Persons shall be issued. The registered items include:

(1) Name;

(2) domicile;

(3) Purpose, business scope and activity area;

(4) Legal representative;

(5) activity funds;

(6) the competent business unit.

If the registration is not granted, the applicant shall be informed of the decision not to register.

Article 15 (Revised Edition in 216, Article 17 in 1998)

According to the law, a social organization that has the status of a legal person from the date of approval shall submit the approval documents to the registration authority within 6 days from the date of approval, and apply for the Social Organization Legal Person Registration Certificate. The registration authority shall, within 3 days from the date of receipt of the documents, issue the Registration Certificate for Social Organizations as Legal Persons. (Revised Edition of 216)

According to the law, a social organization that has the status of a legal person from the date of approval shall file with the registration authority within 6 days from the date of approval. The registration authority shall, within 3 days from the date of receiving the filing documents, issue the Registration Certificate for Social Organizations as Legal Persons. (1998 Edition)

The matters filed by social organizations, in addition to those listed in Article 16 of these Regulations, shall also include the approval documents issued by the competent business unit according to law. (1998 edition) (this clause was deleted in the revised edition in 216)

Article 16 (revised edition in 216, original "Article 18" in 1998 edition)

A social organization applies for engraving a seal and opening a bank account with the Social Organization Legal Person Registration Certificate. Social organizations shall report the seal style and bank account number to the registration authority for the record.

Article 17 (Revised Edition of 216, Article 19 of 1998)

If a social organization intends to set up a branch or representative office after its establishment, it shall, after examination and approval by the competent business unit, submit documents on the name, business scope, place and main person in charge of the branch or representative office to the registration authority and apply for registration. (1998 edition) (this paragraph was deleted in the revised edition of 216)

Branches and representative offices of social organizations are components of social organizations and do not have legal person status. They should carry out activities and expand their membership within the scope authorized by the social organization according to the purpose and business scope stipulated in the articles of association of the social organization to which they belong. Branches of social organizations may not set up branches again.

Social organizations are not allowed to set up regional branches.

change and cancellation

Article 18 (revised version in 216, originally "Article 2" in 1998)

If the registered items of a social organization need to be changed, it shall apply to the registration authority for change registration within 3 days from the date of examination and approval by the competent business unit. If the registered items and filing items of social organizations need to be changed (1998 edition) (the "filing items" in this paragraph will be deleted in the revised edition of 216), they shall apply to the registration authority for registration of change and filing of change (hereinafter referred to as registration of change). (1998 edition) (the "change filing (hereinafter referred to as change registration)" in this paragraph was deleted in the revised edition of 216)

If a social organization changes its articles of association, it shall report to the registration administration authority for approval within 3 days from the date of examination and approval by the competent business unit.

Article 19 (Revised version in 216, originally "Article 21" in 1998)

In case of any of the following circumstances, a social organization shall apply to the registration authority for cancellation of registration after examination and approval by the competent business unit: apply to the registration authority for cancellation of registration and cancellation of registration (hereinafter referred to as cancellation of registration) (revised version in 216).

(2) It is dissolved by itself;

(3) Separation or merger;

(4) Termination due to other reasons.

Article 2 (revised in 216, originally "Article 22" in 1998)

Before going through the cancellation of registration, a social organization shall set up a liquidation organization under the guidance of the competent business unit and other relevant organs to complete the liquidation work. During the liquidation period, social organizations shall not carry out activities other than liquidation.

Article 21 (Revised version in 216, originally "Article 23" in 1998)

A social organization shall cancel its registration with the registration authority within 15 days from the date of liquidation. For cancellation of registration, the application for cancellation of registration signed by the legal representative, the examination documents of the competent business unit and the liquidation report shall be submitted.

If the registration authority approves the cancellation of registration, it will issue the cancellation certificate and collect the registration certificate, seal and financial voucher of the social organization.

Article 24 (revised in 216, this article was deleted, and the original 1998 edition was "Article 24")

If a social organization cancels its branch or representative office, it shall go through the cancellation procedures after being examined and approved by the competent business unit.

If a social organization is cancelled, its branches and representative offices shall be cancelled at the same time.

Article 22 (revised edition in 216, original "Article 25" in 1998)

The remaining property after cancellation by social organizations shall be handled in accordance with relevant state regulations.

Article 23 (Revised in 216, originally "Article 26" in 1998)

The establishment, cancellation or change of name, domicile and legal representative of a social organization shall be announced by the registration authority.

supervision and management

Article 24 (216 revised edition, original 1998 edition "Article 27")