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Foundation Articles Of Association Template for Hong Kong

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Key Requirements PROMPT example:

Foundation Articles Of Association

"I need Foundation Articles of Association for a Hong Kong educational foundation that will be established by March 2025, with provisions for both local and international board members and specific clauses for managing research grants and academic partnerships."

What is a Foundation Articles Of Association?

Foundation Articles of Association serve as the primary governing document for foundations established in Hong Kong, typically structured as companies limited by guarantee under the Companies Ordinance (Cap. 622). This document is essential when establishing a new foundation or restructuring an existing one, providing the legal framework for its governance and operations. It must be filed with the Hong Kong Companies Registry and includes detailed provisions about the foundation's objectives, membership structure, board composition, decision-making processes, and financial management. The Articles ensure compliance with Hong Kong's regulatory requirements while establishing the foundation's unique characteristics and operational framework. This document is particularly crucial for organizations seeking charitable status, as it must contain specific provisions to satisfy the Inland Revenue Department's requirements for tax exemption.

What sections should be included in a Foundation Articles Of Association?

1. Preliminary: Contains interpretation clauses, definitions, and the foundation's name

2. Objects: States the foundation's purposes, objectives, and scope of activities

3. Liability of Members: Defines the limited liability nature and members' guarantee amount

4. Foundation Identity: Details about the foundation's registered office, official languages, and seal

5. Members: Provisions regarding membership, including qualifications, rights, and obligations

6. General Meetings: Rules for conducting general meetings, voting procedures, and resolutions

7. Board of Directors: Composition, appointment, removal, and powers of the board

8. Powers and Duties of Directors: Specific authorities and responsibilities of directors

9. Decision-making by Directors: Procedures for board meetings and director resolutions

10. Secretary: Appointment and duties of the company secretary

11. Financial Matters: Provisions for accounts, audits, and financial management

12. Notices: Methods and requirements for giving notices to members

13. Dissolution: Procedures and requirements for winding up the foundation

What sections are optional to include in a Foundation Articles Of Association?

1. Charitable Status Provisions: Required if the foundation has charitable purposes, including specific provisions to maintain tax-exempt status

2. Investment Policy: Detailed guidelines for managing foundation assets and investments

3. Advisory Board: Structure and role of an advisory board, if established

4. Branch Operations: Rules for establishing and operating branches, if applicable

5. Conflict Resolution: Specific procedures for handling internal disputes

6. Grant-making Policies: Procedures and criteria for making grants if the foundation engages in grant-making

7. Intellectual Property: Provisions regarding IP rights if the foundation engages in research or creative activities

What schedules should be included in a Foundation Articles Of Association?

1. Schedule 1: Membership Categories: Details different classes of membership and their respective rights

2. Schedule 2: Meeting Procedures: Detailed procedures for conducting various types of meetings

3. Schedule 3: Board Committees: Terms of reference for standing committees

4. Schedule 4: Proxy Form: Standard form for proxy appointments

5. Schedule 5: Code of Conduct: Ethical guidelines for directors and members

6. Appendix A: Initial Members: List of founding members and their contributions

7. Appendix B: Initial Directors: Details of the first directors of the foundation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions











































Clauses







































Relevant Industries

Non-Profit

Charitable Organizations

Education

Healthcare

Social Services

Arts and Culture

Environmental Conservation

Research and Development

Philanthropy

Community Development

Religious Organizations

Family Offices

Relevant Teams

Legal

Compliance

Corporate Governance

Finance

Operations

Administration

Risk Management

Program Management

Grant Administration

Executive Office

Relevant Roles

Foundation Director

Board Chairman

Company Secretary

Legal Counsel

Compliance Officer

Foundation Manager

Executive Director

Governance Officer

Finance Director

Operations Manager

Program Director

Trustee

Foundation Administrator

Risk Manager

Grant Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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