At the beginning of my tenure, I met with former political commissar Feng Yan and handed over the business related to social enterprises. At that time, the teacher mentioned that if the regulations can be adjusted to allow non-profit organizations (NPOs) to set up corporate-type social enterprises, the cost of setting up social enterprises will be reduced.
🌱 Last October the first social enterprise action tour seminar, let me see the opportunity of the experiment.
At that time, the Association of Taiwan Christian Good Shepherd Whole Person Care Association proposed that the company should establish a closed company in the name of a corporate legal person, and inject sufficient management and management expertise while fully utilizing "one power." The design ensures the deduction of the business direction and the mission of the association.
🖇 In the past, there were few cases of “NPO financing companies”, and the establishment of corporate legal persons and companies belonged to different ministries. After the discussion, the Ministry of Economic Affairs of the Chinese Enterprise Office actively coordinated, clarify the opinions of each unit:
The People's Group Law stipulates that for the purpose of public welfare, social organizations must perform the tasks in the charter, and whether the establishment of the "company" is in conformity with the articles of association is the main consideration of the Ministry of the Interior.
The Weifu Department believes that the purpose of the Good Shepherd Association is to provide social welfare services. After the establishment of a social enterprise, the business is more extensive. How to identify the competent authority requires more detailed discussion.
The Department of Economics of the Ministry of Economic Affairs reminded that non-profit organizations initiate registration of companies and require a letter of approval from the competent authority. In addition, the new company must meet the charity mission of the original legal person.
After many discussions, we have reviewed the review process of “initiating or investing in socially innovative lock-up companies”:
- First, corporate legal persons must convene a general meeting to amend the articles of association and add The provisions of the company that allows the establishment of a company that meets the public welfare mission are allowed, and the new articles of association are submitted to the Ministry of the Interior for verification.
The Ministry of the Interior can decide whether to approve or not after replying to the opinions of the competent authorities of each business.
- After obtaining the letter of approval, the association can apply to the Department of Commerce of the Ministry of Economic Affairs for company establishment.
🚥 The “Regulations on the Development of Small and Medium-sized Enterprises” in the “Small and Medium-sized Enterprises Development Regulations” of the Ministry of Economic Affairs of the Ministry of Economic Affairs has a “General Law Sandbox” mechanism to create a safe space for friends who are investing in new ventures. In a certain period of time, you can experiment without legal constraints, and if you can, practice the law and keep up with the times. This case is a similar spirit, summed up the test rules.
The Good Shepherd Association has followed the above procedure and has obtained a letter of approval to prepare an application for company establishment. I would like to thank all the friends of the ministries for their full assistance. As Lu Xun said: "There is no way on the ground. If there are more people, it will become a road." I hope this is a starting point for the "case experiment, establish the general rule" and continue Innovate the way for social experimentation.