Charity Donations Destined For Social Welfare Funds Implementation Regulations - Permission Regulations

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0050147

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Article 1


These permission regulations of the Charity donations Destined For Social Welfare Funds Implementation Regulations (Hereafter referred to as “The Regulations”), are formulated in accordance with Paragraph 2 - Article 7 of The Regulations.


Article 2


All charitable organizations shall make official application, latest by 21 days before official soliciting activity date, attaching documentations as listed below, to governmental agencies-in-charge. Exempted from this ruling are soliciting activities being held for motives of emergency rescue & disaster relief.
1. Official application form.
2. Soliciting activity plan proposal
3. Funds dispersion execution plan proposal
4. Relevant legal entity registration certificate & Board Of Directors meeting minutes discerning the agreement of such activity.
5. Other relevant documentations requested by governmental agencies-in-charge.
If soliciting activities are being held for motives of emergency rescue & disaster relief, thereupon making official application to governmental agencies-in-charge, applicant groups can extend deadline of necessary documentation submission (as aforementioned per above Item “iv”), within 5 calendar days. Those failing to submit the requested documents shall have their applications rejected.
Governmental agencies-in-charge shall reply with official letter, for certification issuance (or denial), within 21 calendar days (7 calendar days for cases of emergency rescue & disaster relief) upon receipt of official application. If deemed necessary, governmental agencies-in-charge is permitted to 1 extension period.
Application qualifying for cases of emergency rescue & disaster relief must be determined by governmental agencies-in-charge.


Article 3


Soliciting activity plan proposal must include following items:
1. Activity name & purpose.
2. Official ground location, format & starting/ending dates.
3. Initial fund/property raising target estimation.
4. Initial activity budget forecast.
5. Public announcement & investigation formats.


Article 4


Funds dispersion execution plan proposal must include following items:
1. Plan proposal appellation.
2. Targeted goal.
3. Purpose behind fund/property raised.
4. Service content & targeted beneficiary group.
5. Official fund dispersion duration with starting/ending dates.
6. Calculation chart of the budget income and expenditure.
7. Initial beneficiary efficiency estimate.


Article 5


Applicants verified & deemed as legitimate candidates shall have their official permission certification issued; applications verified & deemed as unfitting shall be rejected with proper reason; applications verified & requested for supplemental amendments, shall provide amelioration measures within given deadlines – those passing given deadlines & failing to such additional provisions, shall have their applications rejected.
Official permission certification issued (as aforementioned per paragraph above) shall clearly state following items:
1. Name of the charitable organization.
2. Official name of the soliciting activity .
3. Official activity ground location.
4. Activity official format.
5. Official activity starting/ending dates.
6. Execution purpose behind funds/properties raised.
7. Certification issuing date & official serial number.
Upon alternations of content for the aforementioned Item (iv) & (v) – applicant must relay such changes (attaching statement of reasoning) & obtain content alternation permission from governmental agencies-in-charge, minimum 7 calendar days prior to activity taking place; such content alternations must also be approved by subsequent Board Of Directors meetings (excepting for public schools). No content alternations shall be allowed for other items.


Article 6


If approved activity shall be cancelled - applicant must relay such cancellations (attaching statement of reasoning) to governmental agencies-in-charge, minimum 7 calendar days thereafter cancellation date. Such cancellations must also be approved by subsequent Board Of Directors meetings (excepting for public schools).


Article 7


Charitable organizations, besides conditions qualifying for official permission certification rejection as stipulated therein Article 9 of The Regulations – if found & proven of any of the items as listed below, shall also have their applications rejected:
1.If proposed activity is deemed by respective governmental agencies-in-charge (or respective supervisory commissions), as in violations to local acts/codes for general affairs, sales & financial operations.
2.Unethical & illegal activities detected by governmental agencies-in-charge & improvement were requested, but failing to comply with such amelioration demands.
3.Past record found for fund dispersion executions passing initial duration proposed & approved thereof.
4.Past record found for fund surplus dispersion actions passing initial duration proposed & approved thereof.
5.Deemed as not possessing sufficient capability or experience for executing emergency rescue & disaster relief on an “international” scale.


Article 8


If Alternations of funds dispersion execution plan proposal occur – applicant must relay such changes & obtain content alternation permission from governmental agencies-in-charge; such content alternations must also be approved by subsequent Board Of Directors meetings (excepting for public schools). Simultaneously, written notifications must be posted to original donators, grating minimal deadline of 1 calendar month, for objection upbringing.
If objection are brought forth by original donators, respective funds/properties raised shall be returned intact to original donators by charitable organizations.


Article 9


These regulations are regarded as enforced and implemented, starting from the date of the official public announcement.