JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2020, Vol. 33 ›› Issue (1): 15-20.DOI: 10.13766/j.bhsk.1008-2204.2019.0422

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Management of Equity-based Foundation

LUO Kun, XIAO Haiyin   

  1. School of Law, Wuhan University, Wuhan Hubei 430072, China
  • Received:2019-12-09 Online:2020-01-25 Published:2020-02-25

Abstract: With the change of social wealth's form, the equity-based foundation has gradually become the main form of large public welfare foundation. The equity-based foundation is a kind of share-holding consortium, enterprise foundation, and non-public foundation, in whose management there are three typical issues, the exercising of equity, profit transfer between the foundation and relevant enterprises, and the operation of assets. The equity-based foundation shall exercise its equity by adopting restricted preferred shares and voting right delegation model; shall regulate profit transfer between the foundation and relevant enterprises by defining directors' duty of loyalty, compulsorily disclosing information and prohibiting related transactions; shall manage assets by appropriate professional teams and operation model, and making long-term arrangements for operating expenses.

Key words: equity, foundation, incorporated foundation, donation legal person, enterprise

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