How Do I Write Not-For-Profit Bylaws?

On April 27, 2008, China Poverty Alleviation Foundation, China Youth Development Foundation, Ed Foundation, Nandu Charity Foundation, NPO Information Consulting Center, Shanghai Pudong Non-profit Organization Development Center, Youcheng Entrepreneur Poverty Alleviation Foundation, Nature A group of well-known non-profit organizations such as Friends of the Earth, Global Village, Peasant Women, and others at the "International Conference on Accountability of Civil Organizations" which concluded yesterday witnessed the introduction of the "Guidelines for Non-Profit Organizations", a Chinese non-profit organization's credibility standard.

On April 27, 2008,

Sources from the "International Conference on Accountability of Civil Organizations" said that the "Guidelines for the Self-discipline of Chinese Nonprofit Organizations for Nonprofit Organizations" have been released to the society. A collective action under the consensus of voluntary, self-discipline, and self-help.

Ø The "Self-discipline Guidelines" implement the spirit of improving the self-discipline mechanism of civil organizations in the "11th Five-Year Plan for National Economic and Social Development" adopted by the National People's Congress.

Ø The non-profit non-profit organizations in the "Self-discipline Guidelines" refer to non-political, non-religious, non-profit (that is, they do not exist mainly for commercial purposes and do not distribute profits to the council, resource provider / sponsor or management) Legally functioning organizations centered on serving the public interest.

Ø The "Self-discipline Guidelines" apply to non-profit NPOs registered with the civil affairs department, as well as grass-roots non-profit organizations that exist as companies and follow the principle of non-profit organization asset allocation.

Ø The "Self-discipline Guidelines" is based on the laws and regulations of China's existing non-profit organizations, and draws on the NPO's self-discipline guidelines and credibility standards in other countries in Europe, America, and Asia. It has more than 100 index clauses, which are comprehensive and rigorous.

Ø According to the "Self-discipline Guidelines", non-profit non-profit organizations voluntarily accept the evaluation of independent assessment institutions, reach a certain standard, and join the self-discipline alliance (the specific method is to be explored).

Non-profit organization

Refers to all voluntary organizations, social organizations, or non-governmental associations that engage in non-profit purposes and engage in public welfare undertakings other than government departments and for-profit enterprises (that is, market departments).

mission

Mission is the basis and purpose of an organization. The mission of the organization includes the functions and objects of the organization's activities.

Council

The management of a for-profit or non-profit company has specific legal and moral responsibilities to the organization, government, and the public.

Conflict of interest

Refers to the fact that members of the board of directors or employees of the organization may harm the interests of the organization when they obtain their own interests, including two situations: one is that the employees or volunteers of the organization receive unreasonable monetary benefits because of their relationship with the organization; Organization's competitors (or potential competitors).

Internal governance

Refers to the activities performed by the governance / supervisory layer (such as the board of directors, management committees, councils, etc.) to ensure the normal and effective operation of an organization.

The first mission of the non-profit organization guidelines

1.1 The mission and goal of the organization should be to serve the public interest.

1.1.1 There should be a clear and clear mission.

1.1.2 The mission of the organization is discussed and adopted by the Board.

1.1.3 The mission should be accessible to the public in an appropriate manner.

1.1.4 It should be regularly assessed whether its mission is for the public interest and whether it needs to be modified.

1.1.5 Employees should understand and agree with the mission and values of non-profit organizations.

1.2 Behavior and mission should be consistent.

1.2.1 The organization's strategic plan and work should be formulated in accordance with its mission and goals.

1.2.2 The mission and objectives should be used to evaluate the performance of the organization. Evaluation records should be maintained.

Nonprofit Organization Guidelines

2.1 The personal interests of board members should not potentially conflict with the interests of non-profit organizations.

2.1.1 The board of directors recruiting new members shall provide for review of whether the personal interests of the preparatory members have potential conflicts with the interests of non-profit organizations.

2.1.2 The members of the council are clear and committed that their personal interests should not conflict with the interests of non-profit organizations.

2.2 There should be a system of avoidance of interests.

2.2.1 When conducting transactions or business dealings, members of the board of directors, employees or other persons with interests cannot participate in relevant decisions.

2.2.2 Related transactions and business dealings should be in the best interests of non-profit organizations.

Article 3 Internal Governance of Nonprofit Organization Guidelines

3.1 The charter of a non-profit organization shall stipulate that the board of directors is the decision-making body of the non-profit organization, and clearly state the formation of the board of directors, appointment and removal of members, duties, and operating procedures.

3.2 The composition system of the members of the council shall ensure the normal and effective operation of the council.

3.2.1 There shall be no less than 3 members of the board of directors (the number of board members of the foundation shall comply with the relevant laws and regulations).

3.2.2 The remuneration of the members of the council should be disclosed in the information disclosure.

3.2.3 Salary directors should not exceed one third, and salaried directors must hold full-time jobs in non-profit organizations.

3.3 The Board of Directors shall review and adopt the strategic plan and appoint the head of the executive team and evaluate its performance.

3.3.1 The strategic plan adopted and formulated by the Board of Directors shall be consistent with the vision and mission of the non-profit organization.

3.3.2 The Board should clearly define the authority between the Board and the executive team.

3.3.3 The Board of Directors shall have the power to appoint and remove the head of the execution team independently, and regularly evaluate the performance of the head of the execution team to ensure that strategic planning is achieved in accordance with the mission of the non-profit organization.

3.3.4 The council shall review and adopt the annual budget and final accounts of the non-profit organization.

3.4 An effective board meeting should be convened regularly.

3.4.1 Council meetings are held at least twice a year.

3.4.2 The number of directors attending the council meetings shall not be less than two-thirds at a time.

3.4.3 The content of the meeting of the council shall be consistent with the duties of the council and form a resolution.

3.4.4 The meeting of the board of directors shall be recorded and kept together with other relevant materials.

3.5 The Board shall conduct regular self-assessments. Evaluation records should be maintained.

Article 4 Financing

4.1 Funding sources and methods must be consistent with the organization's mission and values.

4.1.1 The board of directors or the relevant person in charge should consider whether the funding sources and methods of funding may conflict with the mission and values of the organization.

4.2 The relevant information and materials provided in the fundraising activities shall be true, reliable and not misleading.

4.2.1 Fund-raising activities shall truly reflect the name of the non-profit organization, the purpose of fund-raising and the method of use.

4.2.2 Words or pictures that may cause ambiguity should not be used in fundraising activities.

4.2.3 Fund-raising activities only promise goals that are within the capabilities of non-profit organizations and avoid unrealistic expectations of donors.

4.2.4 The relevant information of public fundraising activities is publicized to the society in an appropriate manner.

4.3 Funding costs should be open and transparent.

4.3.1 The financing cost should be disclosed in the information disclosure, and explain how the financing cost is calculated.

4.4 Fundraising activities should respect the legitimate interests of donors, including the willingness to donate, the right to privacy and the right to know.

4.4.1 Donors' privacy rights should be protected. Don't disclose the donor's information to third parties unless the donor's consent is obtained, or otherwise provided by laws and regulations.

4.4.2 The funds shall be used according to the wishes of the donor, and the earmarked funds shall be used exclusively.

4.4.3 The use of donations shall be recorded and the donors shall be informed regularly.

4.4.4 A donation receipt should be issued for the donor.

4.5 There should be a standardized donation contract in the fundraising activities, specifying the rights and obligations of both parties.

Article 5 Financial Guidelines for Nonprofit Organizations

5.1 The use of funds should be consistent with the mission and goals of non-profit organizations.

5.1.1 Work should be carried out in accordance with the annual budget adopted by the Council.

5.2 There should be a sound financial management system, including accounting and internal accounting control systems, and internal audits as needed to improve the financial management of the organization.

5.2.1 An internal accounting control system suitable for the business activities of the unit shall be established.

5.2.2 The financial department should prepare clear financial statements that can clearly reflect the financial information of various tasks.

5.3 Should be audited by an independent auditing agency.

5.3.1 The selection criteria for audit institutions shall be formulated by the Board.

5.3.2 The audit report should be free of reservations that involve issues of principle.

5.4 The audited annual financial and accounting report shall be published every year, and social supervision and inquiry shall be accepted.

5.4.1 The annual financial report shall be published at least within 4 months after the end of the year.

Article 6 of the Non-Profit Organization Guidelines

6.1 There should be a systematic project management system and procedures.

6.1.1 Project design and demonstration shall comply with the mission and goals of non-profit organizations.

6.1.2 There should be a complete project plan (or project proposal), stating the goals, audience, plans, outputs and budget of the project.

6.1.3 The project personnel, the person in charge of the non-profit organization and the funder shall communicate regularly on the progress and effectiveness of the project.

6.1.4 The project report shall be provided to the donor at the end of the project.

6.2 A complete project monitoring and evaluation system should be established.

6.2.1 The project should be self-monitored and evaluated.

6.2.2 Effective evaluation and monitoring methods should be used.

6.2.3 The project evaluation should be based on the opinions and suggestions of the beneficiary groups of the project, and reflect the opinions and suggestions of other stakeholders.

6.2.4 Based on the needs of the project, it should be determined whether to invite external personnel for evaluation, or to conduct a third-party evaluation.

6.2.5 The process of project evaluation and monitoring shall be open, transparent and fair.

6.3 Complete project records should be maintained, including project plans (or project proposals), implementation records, and project evaluation reports.

Article 7 of the Guidelines for Nonprofit Organizations

7.1 A standardized personnel and human resource management system should be established to attract, manage, cultivate and motivate employees with appropriate abilities and skills to provide high-quality and efficient services in the process of achieving the organization's stated mission.

7.1.1 The personnel recruitment process shall follow the principles of openness, equal opportunity and no conflict of interest.

7.1.2 A standardized employment contract (including employment period, probation period, clear job description, resignation, suspension and termination of contract, etc.) should be signed with its employees, and the above documents should be maintained.

7.1.3 There should be an open and realistic staff performance evaluation and incentive mechanism, and it should be implemented.

7.1.4 The personnel system should not conflict with the basic values (such as equality, mutual assistance, cooperation, etc.) of non-profit causes.

7.2 Volunteers should be recruited and managed on the basis of mutual respect and mutual benefit.

7.2.1 Volunteers should be provided with an accurate and clear understanding of the mission and values of non-profit organizations, their work content, skills requirements, time investment, working environment (including hardware environment and software environment), and risks that may be involved in their work, and Clearly indicate the compulsory nature of the job and the subsidies that nonprofit organizations may provide.

7.2.2 Volunteers should be provided with training and supervision appropriate to their task and level of experience.

7.2.3 A system for evaluating the performance of volunteers and awarding outstanding volunteers should be established.

7.2.4 Volunteer feedback on the organization and its personnel, volunteer programs, and volunteer work should be sought and maintained after the end of volunteer work or the work phase.

Guidelines for Nonprofit Organizations

8.1 Any form of vicious competition and acts that infringe or harm the interests of colleagues should be avoided.

8.1.1 It should be clearly stipulated that any of its activities cannot cause malicious competition with peers, infringe or harm the interests of peers, and be recognized by directors and employees.

8.1.2 Good partnerships should be established with other non-profit organizations, especially those with a focus on common areas.

8.2 Respect and safeguard the reputation, intellectual property and trademark rights of peers.

8.2.1 Without permission, the logos, trademarks and intellectual property achievements of other non-profit organizations shall not be used.

8.2.2 We should resolutely resist acts that may cause damage to the reputation, intellectual property and trademark rights of our peers.

8.2.3 Have not harmed the reputation of the peers or violated intellectual property rights and trademark rights.

Article 9 Information Disclosure of the Guidelines for Nonprofit Organizations

9.1 The true information of non-profit organizations should be disclosed to the society in a timely manner through appropriate channels, which should include:

9.1.1 Mission and service areas;

9.1.2 List and background of members of the Board;

9.1.3 Financial Information. Including audited complete annual financial reports and financial information promised to be publicized to society.

9.1.4 Project Information. In addition to respecting the wishes of donors or protecting intellectual property rights, project information (including project evaluation reports) should be kept open and transparent;

9.1.5 Annual Report. It should include the annual work summary of the non-profit organization, the financial revenue and expenditure, the implementation of the project, and the development of the organization itself.

9.2 Channels for information disclosure and channels for responding to public inquiries should be established.

9.2.1 There should be a sound information management system, and clear information scope and communication channels open to the public.

A system should be established to respond to public inquiries, and to ensure that donors and the public can quickly and easily consult or reproduce the published information.