In order to comply with the laws and regulations, meet the requirements set by the supervisory authorities on fundraising by charities without the public fundraising qualification, and facilitate the identification and review of the donors’ particularized sources, donors shall first be recommended from members of the Strategic Development Advisory Committee or staff of the Charity to become qualified donors of the Charity, subject to relevant rules of the Charity, before they can open a charitable account or contribute to the Charity. The Charity will grant them the qualification as qualified donors of the Charity after review and approval. Only qualified donors of the Charity are allowed to open charitable accounts or contribute to established charitable accounts (general and non-general charitable accounts) of the Charity.
The Charity’s qualification review of recommended qualified donors falls into two categories: (1) qualification review of qualified donors directly recommended by Strategic Cooperation Partners; (2) qualification review of qualified donors directly recommended by philanthropic expert consultants and the Charity’s staff as determined under the Contribution Prospectus of the China DAF Charity (hereinafter the ‘Contribution Prospectus’).
(1)Strategic Cooperation Partners as Members of the Strategic Development Advisory Committee Recommend Qualified Donors Directly to the Charity
① Strategic Cooperation Partners as Members of the Strategic Development Advisory Committee Fill in the Basic Information of Recommended Qualified Donors or Recommended Qualified Donors Fill in the Basic Information by Themselves
a) Particularized Scope of Qualified Donors Recommended by Strategic Cooperation Partners: The qualified donors recommended by Strategic Cooperation Partners to the Charity directly are limited to Strategic Cooperation Partners’ employees, clients, members and other specific institutions or personnel, that are in good credit standing based on other reasonable determination, with a clear or potential intention to make contributions.
b) Strategic Cooperation Partners Fill in the Recommended Qualified Donors’ Basic Information
i. When the qualified donors recommended by Strategic Cooperation Partners are natural persons, Strategic Cooperation Partners shall fill in the following information for them: name, gender, Chinese ID number, date of birth, e-mail address, phone number, WeChat number, contact address and any other required information.
ii. When the qualified donors recommended by Strategic Cooperation Partners are legal persons or unincorporated organizations, Strategic Cooperation Partners shall fill in the following information for them: name of the legal person or the unincorporated organization, unified social credit code or related registration number, registered address, email address of the institution or organization, legal representative, contact person, phone number, contact address, and any other required information.
c) Recommended Qualified Donors Fill in the Basic Information by Themselves
Strategic Cooperation Partners can send exclusive links to the donors they recommend. The recommended qualified donors can log in through the exclusive links and fill in basic information by themselves. In order to ensure that the qualified donor who fills in the information through the exclusive link is indeed a particularized person, institution or organization recommended by a Strategic Cooperation Partner, the Charity will set up a specific identity authentication in the link. For detailed operation, please refer to the information found on the DAF Account Service System.
② Strategic Cooperation Partners as Members of the Strategic Development Advisory Committee Submit Preliminary Opinions
In order to guarantee the particularized source of donors, when Strategic Cooperation Partners recommend the qualified donors directly to the Charity, Strategic Cooperation Partners shall submit a list of qualified donors who have passed the preliminary examination and preliminary opinions, together with the necessary proof, explanatory documents and materials, to the Charity and the appointed donor qualification examiners in compliance with the relevant rules of the Charity and the Standard Version of the Strategic Cooperation Agreement of the China DAF (Donor Advised Fund) Charity signed between Strategic Cooperation Partners and the Charity.
③ Donor Qualification Examiners Submit Review Opinions
With regards to the list of qualified donors who have passed the preliminary examination and preliminary opinions submitted to a donor qualification examiner, such donor qualification examiner shall submit review opinions regarding the preliminary opinions on behalf of their affiliated organization. The internal review of qualified donors will only be conducted by the Contribution Management Department of the Charity when a Strategic Cooperation Partner issues a no objection preliminary opinion and a donor qualification examiner issues a no objection review opinion.
(2)Philanthropic Expert Consultants as Members of the Strategic Development Advisory Committee and the Charity’s Staff Recommend Qualified Donors to the Charity Directly
① Philanthropic Expert Consultants and the Charity’s Staff Fill in the Recommended Qualified Donors’ Basic Information or the Recommended Qualified Donors Fill in the Basic Information by Themselves
a) Philanthropic Expert Consultants and the Charity’s Staff Fill in the Recommended Qualified Donors’ Basic Information
i. When a natural person is recommended to be a qualified donor of the Charity, the philanthropic expert consultants and the Charity’s staff shall fill in the following information for them: name, gender, Chinese ID number, date of birth, e-mail address, phone number, WeChat number, contact address and any other required information.
ii. When a legal person or an unincorporated organization is recommended to be a qualified donor of the Charity, the philanthropic expert consultants and the Charity’s staff shall fill in the following information for it: name of the legal person or the unincorporated organization, unified social credit code or related registration number, registered address, email address of the institution or organization, legal representative, contact person, phone number, contact address, and any other required information.
b) Recommended Qualified Donors Fill in the Basic Information by Themselves
Philanthropic expert consultants, and the staff of the Charity can send exclusive links to the donors that they recommend. The recommended qualified donors can log in to the exclusive links and fill in basic information by themselves. In order to ensure that the qualified donor who fills in the information through the exclusive link is indeed the person, institution or organization that has been recommended by the corresponding philanthropic expert consultants and the staff of the Charity, the Charity will set up a specific identity authentication in the link. For detailed operation, please refer to the DAF Account Service System.
② Philanthropic Expert Consultants and the Charity’s Staff Submit Recommendations
a) Philanthropic Expert Consultants and the Charity’s Staff Shall Issue No Objection Recommendations for Qualified Donors Directly Recommended by Them: The philanthropic expert consultants and the staff of the Charity will issue a recommendation to the Charity for the qualification of a qualified donor that they have directly recommended, and submit relevant supporting proof and explanatory materials to the Charity. That such philanthropic expert consultant or the staff of the Charity fills in or uploads the qualified donor’s basic information and their recommendation to the DAF Account Service System shall be deemed as affirmation and approval of the qualification of such qualified donor that they have recommended. The internal review of qualified donors will only be conducted by the Contribution Management Department of the Charity when philanthropic expert consultants and the staff of the Charity submit no objection recommendations for qualified donors that they have directly recommended.
b) When a Layperson Serves as a Philanthropic Expert Consultant, the Charity Has the Right to Require Such Philanthropic Expert Consultant to Employ a Lawyer to Issue a No Objection Recommendation: The scope of philanthropic expert consultants includes professionals, namely lawyers, certified public accountants, tax advisors, asset appraisers and notaries, who are practicing in China, domestic and overseas experts, scholars, domestic and overseas experienced practitioners and technicians, among others. In order to assist layperson philanthropic expert consultants with relevant business, when a layperson serves as a philanthropic expert consultant to recommend qualified donors to the Charity, the Charity has the right to require such philanthropic expert consultant to employ a lawyer (not necessarily a professional lawyer from the database of donor qualification examiners, charitable account supervisors or philanthropic expert consultants) to issue a no objection legal opinion for qualified donors that they have directly recommended, and to submit such legal opinion as a supplementary opinion to the Charity through the DAF Account Service System.
③ Preliminary Opinions Issued by the Contribution Management Department Staff
Staff of the Contribution Management Department of the Charity conduct preliminary examination of the recommended qualified donors. When a Strategic Cooperation Partner (as member of the Strategic Development Advisory Committee) issues a no objection preliminary opinion and a donor qualification examiner issues a no objection review opinion, or when a philanthropic expert consultant (as member of the Strategic Development Advisory Committee) or staff of the Charity submits a no objection recommendation for a qualified donor that they have directly recommended, the Contribution Management Department of the Charity will approve the application of the recommended qualified donor. The exclusive registration code generation manager will only conduct the final approval process when the staff of the Contribution Management Department approve the qualified donor’s qualification.
④ Final Opinions Issued by Exclusive Registration Code Generation Manager
The exclusive registration code generation manager, who is the Chief Contribution Officer of the Charity’s Contribution Management Department or a person designated by the Chief Contribution Officer, is an important part of the Charity in the application to become a qualified donor and the approval process hereof. Their main responsibility is to review and supervise the work (preliminary examination) of the Contribution Management Department’s personnel, and conduct the final approval process for qualified donors’ application.
⑤ Recommended Qualified Donors Receive Notification Emails About the Result of Recommendation
After the exclusive registration code generation manager conducts the final approval process for a qualified donor’s application, the qualified donor will receive an email about the result of recommendation from the DAF Account Service System, which contains a user registration email address, initial password and exclusive registration code. The qualified donor can log in and confirm to be a qualified donor on “the Charity’s official website - Registration/Login page” or by clicking the link attached to the email.
⑥ Exclusive Registration Codes Filled in by Recommended Qualified Donors
a) Exclusive Registration Codes
Exclusive registration codes refer to codes for identification generated by the DAF Account Service System of the Charity. According to relevant rules and measures of the Charity, the Charity conducts individual or batch reviews of the particularized source of the recommended qualified donors based on the opinions of members of the Strategic Development Advisory Committee or staff of the Charity, relevant personnel of the Contribution Management Department and the exclusive registration code generation manager. The DAF Account Service System will send the exclusive registration codes to the qualified donors after they pass the review.
An exclusive registration code contains a series of numbers or letters. The exclusive registration code generation manager of the Charity generates an exclusive registration code based on the Chinese ID number or unified social credit code (or related registration number) of the member of the Strategic Development Advisory Committee or staff of the Charity and the qualified donor that they have recommended, and sends the aforementioned code through the DAF Account Service System directly to the email address of the corresponding recommended qualified donor. Once the exclusive registration code is used, the DAF Account Service System will show the identities of the member of the Strategic Development Advisory Committee or staff of the Charity and the qualified donor accordingly, so that the actual qualified donor can be compared to the one listed with prior approval, to guarantee consistency. The exclusive registration code is only for the qualified donor’s own use and cannot be shared or transferred to others.
b) Online Procedure Concerning the Confirmation of Qualified Donors’ Qualification
The online procedure concerning the confirmation of qualified donors’ qualification is an important method for the Charity to guarantee the particularized source of donors and store qualified donors’ qualification-related information in the DAF Account Service System. In order to ensure that the qualified donor uses the exclusive registration code themselves to complete the procedure in the DAF Account Service System, when the qualified donor inputs the exclusive registration code, they shall input the last six digits of their Chinese ID number or unified social credit code (or the related registration number) to complete the identity verification procedure.
By filling in and submitting the exclusive registration code, the recommended qualified donor indicates again their confirmation of the following (if they do not want to confirm the following, the recommended qualified donor shall not fill in or submit the exclusive registration code):
i. When the Strategic Cooperation Partner as member of the Strategic Development Advisory Committee recommends a donor, the recommended qualified donor confirms that they fall within the particular scope of individuals or institutions set in the Contribution Prospectus;
ii. The recommended qualified donor confirms that the method adopted by the member of the Strategic Development Advisory Committee to raise funds does not constitute any method of public fundraising or disguised public fundraising, for example, methods of public fundraising named in the Charity Law such as: (1) Setting up contribution boxes in public places; (2) Organizing charitable shows, charitable matches, charitable sales, charitable exhibitions, charitable auctions, charitable parties, etc. (3) Publishing information related to fundraising through media such as radio, television, newspapers, the Internet, etc.;
iii. The recommended qualified donor confirms that in the process of obtaining the exclusive registration code, the relevant the member of the Strategic Development Advisory Committee does not conduct any active fundraising, and the recommended qualified donor voluntarily and actively contributes to the Charity;
iv. The recommended qualified donor has been fully informed of the proposed use of contributed assets and the purpose behind this use as follows: ① to open charitable accounts in the Charity, and invest contributed assets or grant them to qualified grantees, based on the advice of the charitable account advisors on investment or granting, in compliance with the internal review procedure of the Charity; and ② to contribute to the existing charitable accounts of the Charity (including general charitable accounts), and conduct relevant charitable activities within the business scope of the Charity and following the relevant regulations of the Charity.
v. The recommended qualified donor has read, been informed of and confirmed their consent to the Articles of Organization of the China DAF Charity (hereinafter the ‘Articles of Organization’), the Contribution Prospectus, the Contribution, Investment, and Granting Guidelines of the China DAF Charity, and the DAF Account Service System User Agreement, and voluntarily complies with the relevant requirements of the Charity.