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Article 60 A trust created for one of the following purposes in the interest of public welfare is a public welfare trust: (来源:www.EnglishCN.com)
(1)relief for the poor;
(2)relief assistance to people suffering from disasters;
(3)helping the disabled;
(4)developing education, science, technology, culture, art and sports;
(5)developing medical and public health undertakings;
(6)developing undertakings for the protection of the environment and maintaining ecological environment; and
(7)developing other public welfare undertakings.
Article 61 The State encourages the development of public welfare trusts.
Article 62 A public welfare trust shall be created and its trustee shall be appointed with approval by relevant public welfare undertaking administration authority(hereinafter refer to as the“public welfare administration authority, in short”).
Without approval by the public welfare administration authority, no one may carry out activities in the name of a public welfare trust.
The public welfare administration authority shall support activities conducted by welfare trust.
Article 63 No property under a public welfare trust or the income from it may be used for non-public welfare purposes.
Article 64 Trust supervisors shall be appointed for public welfare trusts.
Trust supervisors shall be specified in the trust documents. Where there are no such specifications, they shall be designated by the public welfare administration authority.
Article 65 The trust supervisor shall have the right, in his own name, to file a lawsuit or the other legal acts in the interests of the beneficiary.
Article 66 No trustee of a public welfare trust may resign without the approval of the public welfare administration authority.
Article 67 The public welfare administration authority shall inspect the trustee as to how he handles the public welfare affairs and disposes of the property.
The trustee shall, at least once a year, makes a report on the trust business handled and the status of assets disposed of, and upon acceptance by the trust supervisor, the report shall be submitted to the public welfare administration authority for examination and approval, and the trustee shall announce the report.
Article 68 Where the trustee for a public welfare trust goes against his obligations under the trust, or is unable to perform his duties, the public welfare administration authority shall replace the trustee.
Article 69 If, after a public welfare trust is created, an event unforeseeable at the time of the creation of the trust occurs, the public welfare administration authority may, on the basis of the purposes of the trust, revise the related articles in the trust document.
Article 70 Where a public welfare trust is terminated, the trustee shall, within 15 days from the date the cause for the termination arises, report to the public welfare administration authority the cause for its termination and the date the trust is terminated.
Article 71 Where public welfare trust is terminated, the trustee shall make a liquidation report on the trust business handled and, upon acceptance by the trust supervisor, submitted it to the public welfare administration authority for examination and approval, and the report shall be announced by the trustee.
Article 72 Where, upon termination of a public welfare trust, there is no owner of the trust property, or such owner is not a specified member of the general public, the trustee shall, approval by the public welfare administration authority, use the trust property for purposes similar to the original ones, or transfer it to public welfare organizations or other public welfare trusts having similar purposes.
Article 73 Where the public welfare administration authority violates the provisions of this Law, the settler, trustee and beneficiary shall have the right to file a lawsuit at the People's Count.
Chapter VII
Supplementary Provisions
Article 74 This Law shall go into effect as of October 1,2001. |