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.
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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."
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
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
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
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
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