One Fund reborn: Public offering is not the end

Shenzhen One foundation of the significance of the establishment: it became the first private public offering foundation without competent units in China, thus breaking through the shackles of the existing "double management" system of Civil organizations "financial" reporter Zhu Yu left Lin Wang from January 11, 2011, in the "One Foundation" official website midpoint "About Us" a column, We can only see the Shenzhen One Fund Public Welfare Foundation (hereinafter referred to as Shenzhen One Fund) introduction.　　Shenzhen One Foundation, was born on December 3, 2010--This day, the Shenzhen Civil Affairs Council formally approved Shenzhen One Foundation.　　Prior to the "one Fund" official online, its history began in December 2006, is no independent legal personality, from the Chinese Red Cross (hereinafter referred to as the Red Cross) of the Special Fund. As a result of the experience of Southeast Asia tsunami, star Jet Li into public philanthropy, and put forward a "one dollar per month," the idea of a public purse to do big things-"a fund" from this. The concept of "one fund" determines that its object of donation is public, and registration as public offering foundation is its only development path.　　But in China, Jet Li's desire has been a systemic hurdle.　　In the end, the establishment of the Shenzhen One Fund has made the "one Fund" an independent right to solicit donations from the public, and it has again become the focus of public opinion, and many comments have hailed this as a "milestone" event and asserted that more foundations will follow suit.　　The story of "One Foundation" has been arduous for several years, enough to cause the public to think about the development of charitable undertakings in China.　　Policy edge after experiencing the tsunami in Southeast Asia, Jet Li launched a "one fund", because has not been found willing to take over the business units, "one fund" can not be independently registered as a public offering foundation.　　The Foundation Management Ordinance promulgated in 2004 stipulates that the relevant departments, provinces, autonomous regions and municipalities of the State Council concerned departments and authorized organizations, are the foundation business units, apply for the establishment of a foundation, shall issue documents agreed by the business authorities.　　According to the above regulations, the Civil affairs department at all levels is the foundation registration administrative organ, which is mainly responsible for the establishment, alteration and cancellation of the foundation, and the business unit is mainly responsible for the review before the foundation registration, the daily supervision and so on, both of which carry on the "double management". In addition, the Foundation Management Ordinance divides charitable foundations into two categories, "public offering" and "Non-public offering", which can be used to solicit donations from the public and the latter not to solicit donations from the public.　　Although China's current law does not prohibit civil organizations from setting up public offering foundations, in practice, it is difficult for pure civil organizations to successfully register as public offering foundations.　　As a result, Jet Li turned to the Red Cross, which has powerful and deep official resources, to seek cooperation, and set up its own Chinese Red Cross Jet Li One Fund program (hereinafter called a fund plan). After becoming a special fund of the Red Cross in 2007, one fund plan can accept donations from the public, but there is no independent legal person, no independent executive agency, and no official seal and account number. Such as 2008 years of Wenchuan earthquake and post-disaster reconstruction, one fund planIn the project funds, from the Red Cross layer down to allocate, not leapfrog.　　A project has been approved to take a lot of approval procedures, according to people involved. 2008 is known as China's charitable cause of "The Year of public welfare." The performance of "one Fund" in disaster relief is widely affirmed.　　This year, the "one Fund" to identify disaster relief as a major goal, and began to form their own implementation team. With the growing size and social impact, Jet Li hopes that the "one Fund" has an independent legal personality, so as to be able to use funds and carry out projects independently. In October 2008, he set up the Jet Li Foundation (hereinafter called Shanghai One Foundation) in Shanghai.　　Although Shanghai One Fund has an independent legal personality, it is not a public offering foundation. With the establishment of Shanghai One Foundation as the starting point, the "one Fund" mode of operation has changed. Through the signing of the project cooperation Agreement with the Red Cross, Shanghai One Fund becomes the executing party of one fund plan. The specific mode of operation is that the Red Cross will transfer funds raised in one fund to Shanghai One Fund, which use these funds to carry out public welfare project activities.　　The Red Cross insiders acknowledge that such an agreement had been reached primarily in the light of "respecting the will of Jet Li and hoping that the Shanghai fund would be more efficient in the use of funds and in the execution of projects". In order to regulate the funds, Jet Li and the Red Cross set up a "one Fund plan management Committee", a total of six members, including two from the Red Cross, and the other four from Shanghai One Foundation. Upon receipt of a project application from the Shanghai One Foundation, the ICRC will discuss its budget, use and management, and then allocate it to the Committee after it has agreed to use it.　　Projects such as "One Fund model project" and "Wenchuan earthquake reconstruction" are completed in this state. The cooperation model between Shanghai One Fund and Red Cross is a special case.　　According to Red Cross Secretary Wang Rupeng, the Red Cross has a similar project with one fund more than 10 kinds of special funds, such as Taobao Public Welfare Fund, China Merchants Securities Fraternity fund, they funded projects are carried out by the Red Cross system, do not need to establish an independent executive team.　　There is no provision in the current law for the way in which the funds of the public fund are conveyed to a particular Non-public foundation, and this mode of cooperation moves on the edge of policy and raises questions about the use of "one Fund".　　The long third step Jet Li told Caijing reporter that he very early on the "One Foundation" development of three steps: Jet Li personal brand utilization-enterprise management-to obtain public offering qualifications, he hoped, in the final public offering qualifications, "one fund" more professional, regularization, "to Jet Li."　　In cooperation with the Red Cross, Jet Li achieved his first step-using his personal influence to grow the "one Fund". The second step is also quickly completed, in 2009, MA, Horse, Weihua, cattle rehabilitation and Wang Shi's "Three Horses and one stone" to participate in a "fund" pattern formation. Jet Li and his team actively contacted the group of entrepreneurs led by Wang Shi, "We want to have a public interest in the entrepreneurs to participate in the enterpriseThe way the business manages the public money. Zhou Weiyan, legal representative of Shanghai One Foundation.　　After repeated comparisons, they considered Wang Shi to be the most suitable candidate. But then the process of applying for public offering qualification is full of helplessness. Jet Li recalls that he started contacting the parties at the end of 2009, "all government leaders say it's a good thing." No one says he can't do it, but he can't do it.　　"The main obstacle, according to people involved in the process, is" no precedent "-four words that are often heard over the next year or so. In fact, there is no precedent for public offering foundations launched by civil society. One more well-known example is the Ningbo Cancer Health Foundation, which has been unsustainable since the 2009 scandal over the loss of good money. Some civil affairs officials explained the official dilemma to Caijing reporter, "The Foundation's management system does not approve the registration as the business administration, and the conditions must be approved." "After the registration of the industry and commerce, a company is reported to be guilty of tax evasion or illegal business, that is, the relevant law enforcement departments to investigate." However, after the establishment of the Public Welfare Foundation, the Ministry of Civil Affairs also has the supervisory responsibility, under the current "double management" system, the Civil affairs Department's supervision means is limited, meets the foundation to violate the operation, but must undertake the joint and several responsibility.　　This makes the civil affairs Department cautious in approving the foundation. In the case of Jet Li, the "policy edge" behavior that has delayed access to public offerings has also brought confusion. He acknowledged that the establishment of the Shanghai One Foundation and the Red Cross cooperation, he and experts on the relevant laws and regulations to make a stopgap plan. "It's certainly not illegal. But my dream has always been professional, transparent, so the operation is always questionable.　　"said Jet Li. Soon after, Jet Li's "Doubt" turned into a real dilemma. In September 2010, the Shanghai Civil Affairs Bureau proposed that the funds raised by the one-fund scheme to the public should not be used by the public fund. To this end, the Shanghai Municipal Civil Affairs Bureau, Shanghai One Foundation and the Red Cross have discussed the solution to this matter.　　In the end, the Red Cross said that it would respect the Shanghai Civil Affairs Council's views and no longer allocate funds from one fund to the Shanghai One Fund and continue to operate the project directly by the Red Cross.　　According to sources, the two sides may continue to co-operate in this way without the intervention of the Shanghai Civil Affairs Council.　　As the Shanghai One Fund 90% operating funds from the one-fund plan, the move in fact cut off the funds of the Shanghai One Fund, eventually led to Li in the CCTV program to confide in the plight, and the initiative to talk about "one fund plan may be interrupted", causing public opinion strong concern. According to the original agreement, the Red Cross and Shanghai One fund each of the total amount of funds accounted for 10% of the operating costs.　　Wang Rupeng said that in order to avoid double withdrawals, the Red Cross did not receive the management funds during the three years of cooperation. Although "one fund interruption" after the storm, the Red Cross said and "one fund" automatic renewal of three years.　　But in hindsight, the storm has become a "one fund" the ultimate success of the transition opportunities. The road to the south is in January 2011.11th, Shenzhen One fund set up a press conference the day before, Shenzhen home Bureau Secretary Liu Runhua to the "financial" reporter disclosed the "one Fund" settled in Shenzhen process. According to Liu Runhua, he also learned from media reports that "one fund" dilemma. Thinking two weeks later, he called the Ministry of Civil Affairs and Charitable Relief Division former director Wang Zhenyao, please the latter, hope "one fund" can be registered in Shenzhen.　　June 2010, Wang Zhenyao withdrew from the political arena and served as Dean of the BNU Foundation Institute for Public Welfare.　　Recalling the idea at that time, Liu Runhua said, like "one fund" has such a good team, ideas and social impact, if even it can not go on, "It is not the ' one fund ' problem, but the whole registration management system."　　The "one Fund" and the Shenzhen Civil Affairs Council clicked, the next thing is surprisingly smooth. November 22, 2010, Shenzhen Civil Society Organization Management bureau issued the "Foundation name Advance Approval Notice" to allow the Shanghai One Foundation, the Old Cow Foundation, Tencent Charity Charitable Foundation, Beijing Wantong Public Welfare Foundation, Vanke Public Welfare Foundation five sponsoring organizations to "Shenzhen One Fund Public Welfare Foundation" to apply for the establishment of the foundation.　　November 28, 2010, five sponsoring agencies formally submitted their applications to the Shenzhen Civil Affairs Bureau and were approved by December 3. The newly established Shenzhen One fund registered original fund is 50 million yuan, and five sponsoring agencies have contributed 10 million yuan per home. The Shenzhen One Foundation council is composed of 11 people, namely Jet Li, Zhou, Wang Shi, Liu, Weihua, Ma Yun, Horse, Niu Gensheng, Pinglun, Zhou Weiyan, Yang Peng. Zhou, dean of the National Development Research Institute of Peking University, is the legal representative and chairman of Vanke Group, President Wang Shi as vice chairman, and former secretary General Yang Peng of Alxa Ecological Association.　　Shenzhen, Director of civil organizations, Mahone is the Shenzhen One Fund supervisor. According to the Shenzhen One Fund's constitution, its nature is the public offering foundation, the area which faces the public donation is Shenzhen. But that does not mean that the "one fund" can only accept donations from within Shenzhen. It can through the Council's network of enterprises to open up funding channels, such as Tencent Q-coins, Alipay, China Merchants Bank card and other ways to obtain donations.　　Liu Runhua said the only geographical limit to the Shenzhen One Fund was that it could not launch fund-raising activities in other cities.　　Shenzhen One Foundation in the news that the Shenzhen Fund is a fund and the continuation and development of a fund in Shanghai, after the establishment of the Shenzhen Foundation, One fund plan and Shanghai One Fund will be liquidated cancellation, its projects, funds and staff will be Shenzhen One fund to undertake. According to the "financial" reporter understand that the one-fund plan surplus money about more than 50 million yuan. This part of the funds belong in the industry dispute.　　For example, Liu Youping, deputy director of the China Charity Donation Center, said the money belonged to the Red Cross's special fund and should remain in the Red Cross under the policy. But ICRC Secretary-General Wang Rupeng made it clear that after employing an audit agency to audit the financial balance of the one-fund plan, accordingThe two sides agreed that the surplus funds would be transferred to the Shenzhen One Fund account to finance public welfare projects. Shenzhen experimental plot Shenzhen One Foundation breakthrough is that it is China's first no business units of private public offering foundation.　　This breakthrough occurred in Shenzhen, not by accident. Since 2006, Shenzhen city has changed the original "dual management" system of civil organizations, trade associations and chambers of commerce can be directly registered in the civil affairs departments, without the competent units.　　Since then, the direct registration scope extended to the industrial and commercial economy, social welfare and charitable charity three categories. July 2009, the Shenzhen municipal government and the Ministry of Civil Affairs signed the "Ministry of Civil Affairs Shenzhen Municipal People's government to promote the comprehensive reform of Civil affairs Cooperation Agreement" (hereinafter referred to as "Municipal agreement"). Under the agreement, the Ministry of Civil Affairs allows Shenzhen to try first on "major reform projects and measures". The 12th article of the agreement is clear, "authorize Shenzhen to carry out Foundation, Trans-Provincial trade association, Chamber of Commerce registration management pilot."　　The meaning of "the agreement of the city" is that the provincial government only has the right to authorize the establishment of the Public Offering foundation, and this power is devolved to the provincial-level city of Shenzhen. In addition, the Ministry of Civil Affairs authorized Shenzhen to explore the direct registration system of social organizations, can not set up business units, the "dual management" system reform. The direct registration of one fund in Shenzhen is in line with the reforms and attempts in Shenzhen.　　"said Jin Jinping, director of the Research Center for nonprofit organization Law at Peking University Law School. In fact, more than a year after the signing of the "municipal Agreement", six funds without a business authority have been allowed to set up in Shenzhen. Shenzhen One Fund for Shenzhen, the seventh company without the authority of the foundation.　　Shenzhen Civil Affairs Bureau Personage discloses, in the future, may also have similar Shenzhen one fund's organization to register in Shenzhen.　　According to Caijing, the Shenzhen One Foundation was finally established, and the Ministry of Civil Affairs supported it and promoted it as a pilot. The Ministry of Civil Affairs also tried to make a difference in the reform of social organization management system. At present, China's social organizations are divided into social groups, private non-enterprise units and foundations of three categories, respectively, corresponding to the three regulations: "The Registration of Social organizations Regulations," the Foundation management Regulations and the "Private non-enterprise Registration Management provisional Regulations".　　In addition to the establishment of the Foundation Management Ordinance in 2004, the remaining two regulations were enacted earlier and were of a careless and lower legislative level. Earlier, the amendments to the three regulations have already been submitted to the State Council for Legal Affairs, but due to the higher level of the abolition of "dual management" and other key issues difficult to agree, the new law has been delayed for many years.　　In this context, the Ministry of Civil Affairs has turned to local breakthroughs.　　In recent years, the Ministry of Civil Affairs and various regions signed six "provincial (municipal) agreement", of which, Shenzhen and Shanghai are comprehensive reform test area, Qingdao is biased towards community social organization, Yunnan Focus on the development of foreign-related social organizations, Nanjing, Xinjiang also have the reform focus. 2010, the Beijing Civil Affairs Bureau through the subordinate of the Association office, so that registration and affiliated institutions, corporate organizations can be unified linked to the Community office, it is only the procedureUnits of authority, rather than the previously prescribed government departments.　　In comparison with Shenzhen's direct registration system, Beijing's approach is a transitional policy.　　Ministry of Civil Affairs organizations, a number of people to the "financial" reporters that the future in the public charity, social Welfare and other areas, the "double management" system is the general trend of cancellation.　　Will the "Catfish effect" happen?　　But what needs to be seen is that the "one Fund" for public offering eligibility, and its charitable concept, "each month a dollar" concept from the beginning of the doomed "a fund" must be public fund-raising, not to obtain public offering qualifications, the concept will lose its cornerstone. Registration is difficult, and public offering is a scarce resource, and not all foundations are hungry for public offerings. Although the Foundation regulations stipulate that non-public foundations are not allowed to solicit donations from the public, they do not prohibit them from accepting unsolicited donations from the public.　　As an example of the Beijing Apple Charitable Foundation, a non-public offering foundation, nearly 20 people found the foundation in 2010, expressing their willingness to donate, with a total amount of about 400,000 yuan. In reality, many foundations are unwilling to raise money to the public, given the assurance of its own sources of funding, personal will may be carried out more thoroughly in the Council, and if public offerings are to be made public, the establishment of their charitable purposes must be accepted, "for example, it is hard to imagine a public offering foundation positioned to do elegant art." For example, the composition of the Board of public foundations must be public enough, not just a few friends. This is because public-offering foundations are using a common resource.　　"said Jin Jinping, director of the Research Center for nonprofit organization Law at Peking University Law School.　　Ministry of Civil Affairs organization Bureau deputy director Liu Zhongxiang that Shenzhen One fund registration success, may not bring too much demonstration effect, triggering a large number of foundation to seek public offering qualifications. Liu Zhongxiang made such a judgment, with the current policy background, since 2004, the Foundation is divided into public offering, non-public offering two categories, after registration, the original National Foundation is mostly registered as a National public offering foundation. Since then, the establishment of National public offering foundation is strictly controlled. Liu Zhongxiang admits that the authorities have always been cautious about public-offering foundations, mainly because of the abuse of charitable resources. According to him, 2004 to date, the Ministry of Civil Affairs approved the establishment of the National Public Offering foundation less than 20.　　The anti-public fund has developed rapidly, and in recent years the number of non-public-offering foundations has been growing at around 30% annually, even beyond the Ministry's expectations. By the end of 2009, there were 1847 National Foundation, including 991 public offering foundation. By the end of 2010, the Ministry of Civil Affairs registered a total of 140, including 88 National public Offering foundation. "Most of them are in a state of silence.　　"Wang Rupeng said. The main reason for the lack of vitality of most public-offering foundations is still the official color of their difficulties. Under the current "double management" system, the foundation, especially the business unit of the public Offering foundation, still has great interference to the personnel, finance and project of the Foundation.　　"Formally, the chairmen of these foundations are elected, but in fact they are mostly designated by the business authorities," said a head of the National Public Offering foundation. "As a result, there is a general expectation that the" one fund ", without a business unit, can stimulate competition in the industry, thereby improving the internal governance structure and enhancing the transparency of the whole industry. Chinese Red Cross Secretary Wang Rupeng once stressed to Jet Li, "one fund" has a demonstration effect, "if done well, perhaps slowly let go, if done smashed, may suddenly shrink." "Public offering is not the end." Jin Jinping, director of the Center for non-profit organization Law at Beida Law School, believes that public offerings depend on the idea of the founder of the Foundation and on the foundation's own governance structure. She is more concerned that, after getting the public offering qualifications, "one fund" can better use public offering resources, "can raise money, and can use good money," public offering qualification is a double-edged sword, have greater rights, also means more responsibility, accept more open supervision. " Public offering 70% of the money is going to be spent, in what ways, and then whether the public can get enough information to trust you, so that they continue to support you in the coming year. "Shenzhen One Foundation is not the first public offering foundation of private background." In recent years, local private public offering foundation has also appeared, such as the Shanghai Public Service Development Foundation. The industry personage discloses, Beijing Guixin Charitable Foundation also is seeking public raise qualifications, Beijing Civil Affairs Bureau to this positive attitude. But according to Jin Jinping's observations, these foundations are not performing satisfactorily. "If you have a public offering qualification, you may not have the ability to do it well." On the other hand, new developments in the foundation have raised new questions for managers. Some scholars have pointed out: whether to give the foundation public offering qualifications, should not be based on the official or private background of the screening. But should examine the foundation's team and the structure, "whether can truly be worthy of public offering qualification." No abuse of qualifications, damage to public resources.　　"Jin Jinping said.　　The development of the foundation must be planned, but whether the planning should be man-made or through the formation of the market, the academic and management departments have different views. China to the foundation of public offering, non-public offering division, so that the public offering foundation from the beginning of the natural possession of public offering rights. Today, the need for such a classification has aroused much doubt. But Jin Jinping that the Foundation Administration Ordinance was a system innovation at the time--"before that, it was almost impossible for civil forces to set up foundations." The distinction between public offering and non-public offering is actually to encourage the development of non-public offering foundations. The ordinance actually opens a door to the foundation for social forces, especially the Non-public offering foundation. "However, it should be seen that this type of identity management thinking is different from the developed countries of philanthropy." Jin Jinping The United States as an example to illustrate the difference. The United States Government does not make distinctions when it is set up, but the foundation engages in specific fund-raising activities requiring separate applications, such as door-to-door or fundraising in public, requiring administrative permission. The application needs to explain the organization status of the fundraiser, liveThe basic situation, how the donation is carried out, what is the purpose of the donation, the size of the donation, the duration, and the plan of Fund use. When the donation is over, the whole information must be made public, and after the use of the money, the information should be disclosed again. "This management of behavior, not identity, can give everyone a starting point for equal competition."　　"Jin Jinping said. In addition, both public and non-public offerings, the current China Foundation in the Information disclosure, internal governance to improve the problem. "The profession of the public offering foundation is that it will not be proud of it, but a loss."　　"Liu Zhongxiang said. The reality is that the public offering foundation registration is difficult, but after the establishment, the supervision is not in place. "The ideal state is that the threshold is lowered, but when you come in, I have very good specs waiting for you here." Jin Jinping said that management could not rely entirely on government sanctions, and more importantly, the Foundation's autonomy as a community.　　For example, information disclosure level, good governance structure of the promotion. "Because for the foundation, if you leave the public trust, it is not a step, especially for the public offering foundation." Everyone will vote with their feet. "Jin Jinping said.