Measures for Receiving, Managing, and Use of Donations by NYU Shanghai Education Development Foundation

第一章 总则
Chapter I: General Provisions

第一条 为广泛筹集社会各界的支持和捐助,推进教育事业和社会公益事业的建设和发展,根据《中华人民共和国公益事业捐赠法》、《基金会管理条例》、《关于规范基金会行为的若干规定(试行)》等法律法规和《上海纽约大学教育发展基金会章程》,制定本办法。
Article I. The Measures for Receiving, Managing, and Use of Donations by NYU Shanghai Education Development Foundation (hereafter referred to as “the Measures”) have been formulated by the NYU Shanghai Education Development Foundation in order to gain widespread support from the community to promote educational development and public welfare, and are based on Chinese laws including the “the Law of the People's Republic of China on Donations for Public Welfare”, “Regulations on Administration of Foundations”, “Several Provisions on Regulating Behavior of Foundations (for Trial Implementation)”, and the “NYU Shanghai Education Development Foundation Articles of Association”.

第二条 本办法适用于面向上海纽约大学教育发展基金会(以下简称“基金会”)的所有捐赠。
Article II. The Measures apply to all donations to the NYU Shanghai Education Development Foundation (hereafter referred to as “the Foundation”).

第三条 本办法所称的捐赠,是指面向基金会的以货币、实物、债券、股票、知识产权等各种形式的赠与。
Article III. The term “donation” refers to all forms of donations to the Foundation, including currency, gifts in kind, bonds, stocks, intellectual property, etc.

第四条 基金会为非公募基金会,基金会的收入主要来源于:
Article IV. The Foundation is by nature a private foundation, whose major source of revenue comes from:
(1) Voluntary donations from natural persons, legal persons or other organizations;
(2) Income from activities or services within the provisions of the approved scope of business;
(3) Gain from investment;
(4) Other legitimate sources of income.

第五条 根据基金会的资助特点,捐赠所得将主要用于以下方面:
Article V. According to the nature of the Foundation’s funding, donation gains shall mainly be utilized for the following purposes:
(1) To support education, research and other teaching activities;
(2) To reward excellent teachers and students;
(3) To aid students in poverty;
(4) To support and promote academic exchange and cooperation;
(5) To support campus construction;
(6) To support other programs that align with the Foundation’s mission;
(7) To carry out the Foundation’s daily operations.

第二章 捐赠原则
Chapter II: Giving Principles

第六条 平等自愿。捐赠应在双方协商一致、捐赠方完全自愿的基础上进行。
Article VI. Equal and voluntary. Donations should be based on mutual agreement and be given on a completely voluntary basis.
第七条 无偿捐赠。捐赠双方不得以捐赠为名进行利益交换。
Article VII. Donations and conflict of interest. The two parties involved in the donation process shall not exchange favors in the name of charitable donation.
第八条 尊重捐赠方意愿。未经捐赠方同意,不得擅自改变捐赠款物的用途。
Article VIII. Respect for the donor’s intent. The use of the donation shall not be modified without gaining the donor’s permission.
第九条 公开透明。基金会定期向捐赠方及社会公布捐赠款物使用情况,积极接受各方监督。
Article IX. Openness and transparency. The Foundation should report to donors on the use of donations on a regular basis. The Foundation shall be proactive about seeking public oversight.

第三章 捐赠的接收程序
Chapter 3: Donation Receiving Process

第十条 基金会为社会各界的捐赠方提供如下四种捐赠渠道:
Article X. The Foundation offers four donation channels to donors from all areas of society:
(1) Chinese domestic bank transfer or international wire transfer;
(2) Checks: made payable to “NYU Shanghai Education Development Foundation”;
(3) Online donation: donor can give through the third–party payment platform on the Foundation’s website, for more details, see “Nature of Online Donations by NYU Shanghai Education Development Foundation”; or
(4) Cash Donation.

第十一条 签订捐赠协议或进行捐赠登记。捐赠双方在友好、平等协商的基础上签订捐赠协议。如经双方协商同意不签订协议,可进行捐赠登记(通过邮件书面确认或网络在线登记形式)。
Article XI. Signing a gift agreement or recording a donation. The donor and recipient shall sign a gift agreement drafted through friendly consultation on the basis of equality, or, if during negotiations both parties agree not to sign a gift agreement, they should record the receipt of the gift (in the form of an email confirmation or online record).
The gift agreement regulates amount, purpose, payment method, payment schedule, and other aspects of the gift. Adjustments may be made for specific details or to meet different donor needs. Terms which are incompatible with the Foundation’s charitable purposes or which provide benefits to donors in return may not be added to the gift agreement. In general, the gift agreement shall be presented in a bilingual format (Chinese and English), signed by both parties, and stamped with the Foundation’s official chop. Two copies of the agreement shall be made to be kept on file by both parties.
The signatory representative of the NYU Shanghai Education Development Foundation is its legal representative. Under the legal representative’s legal authorization the Secretary-General of the Foundation and the Vice Chairman of the Foundation may also sign gift agreements on behalf of the Foundation. If the Foundation’s signatory must be changed, the decision shall be made by the Foundation’s Board of Directors. If the gift agreement refers to a specific beneficiary, 5
beneficiary organization and purpose, under ordinary circumstances, the beneficiary or the beneficiary’s representative shall also sign the gift agreement.
Only the donor – the legal person making the donation or the person with legal authorization to sign on behalf of the donor – may sign the gift agreement on behalf of the donor party. The title on the voucher for public welfare donations for an individual donor is the individual donor’s full name, while the title for a corporate entity is the corporate entity’s name and the gift agreement shall be affixed with the corporate entity’s official seal.

第十二条 基金会沟通确保捐赠方按照捐赠协议或捐赠登记表约定的方式按时交付捐赠款(物)。
Article XII. The Foundation shall communicate to ensure that the donor delivers the (in-kind) gift on time according to the payment schedule and payment method on gift agreement or registration form/email.
For cash gifts, the Foundation’s Finance Office should properly keep the cash gifts and deposit it into the Foundation’s bank account in time.
The donor should ensure that the gift is of legitimate source, with no defects of right. The donor should have full right of disposal.

第十三条 基金会确认收到捐赠款(物)后,无论其金额或价值,一律根据签订的捐赠协议或登记表所载个人姓名/法人名称开具《公益事业捐赠统一票据》。
Article XIII. The Foundation shall issue a “ Unified Invoice of Donation for Public Welfare” (hereafter referred to as “donation voucher”) to the donor with the title of the individual’s name or the name of the corporate entity showing on the gift agreement/registration form, regardless of the amount of the gift.
The NYU Shanghai Education Development Foundation is listed as a social organization for public welfare, which has obtained permission to give donors pre-tax deductions for charitable donations, through the joint audit of the Municipal Tax Bureau, the Municipal Finance Bureau, and the Municipal Civil Affairs Bureau (沪国税所〔2014〕26号). Donors may file for personal or enterprise income tax deductions according to “the Notice on Issues Concerning the Pre-tax Deduction of Public Welfare Donations” (财税【2008】160号) and relevant laws and regulations, given the donation voucher issued by the Foundation. Tax operation may involve privacy issues, therefore the Foundation suggests donors ask their human resource personnel or regional tax authorities for consultation.
The Foundation manages donation vouchers according to its “Procedure for the Internal Management of Vouchers for Public Welfare Donations”.

第十四条 实物捐赠:捐赠方签署的捐赠实物清单(包括品名、数量、单价、型号等信息)及捐赠方提供的凭据或其他能够确认受赠资产价值的证明应做为实物捐赠协议的附件,并由基金会归档保存。对于艺术品等文物资产捐赠,基金会和捐赠方双方还可以在不违反法律规定的前提下,确定入账价值,并制作实物台帐。
Article XIV. Gifts-In-Kind: the List of Gifts-In-Kind signed/sealed by the donor (including the item name, amount, unit price, model, and other relevant information), receipts or other documents that verify the value of the gift-in-kind should be attached to the gift agreement, and saved and filed by the Foundation. When determining the value of the in-kind gifts categorized as art works and other cultural artifacts, their market value shall be entered into the account with the value agreed by both parties without violating the law.
When the in-kind gift arrives at the Foundation, the Foundation shall sign the “Proof of Receiving Gift-in-Kind” to confirm receipt of the gift. Then, the gift in-kind shall be entered into the Foundation’s records and officially filed. The Foundation shall issue a donation voucher according to the signed “Proof of Receiving Gift-in-Kind”, gift agreement, and the attached List of Gifts-in-kind.
In order to make the process of filing the proof of donation more conveniently for donors, the Foundation will sign two copies of the “Proof of Receiving Gift in Kind”, one will be filed and saved at the Foundation’s Finance Office, the other one will be given to the donor together with the donation voucher.
During the transfer of gifts in kind from the Foundation to the beneficiary, the beneficiary shall sign a “Proof of Transferring Gifts-in-Kind” which clearly shows the details of the gift(s)-in-kind, including name, category, quantity, quality, purpose. If transfer of ownership procedures apply to the gifts in kind, then such procedures shall be conducted.
For specific provisions of Gift-in-kind, refer to “Measures on Managing Gifts-in-Kind”.

第十五条 境外捐赠:境外捐赠指来自包括港澳台地区在内的非中国大陆地区的捐赠。除捐赠渠道和境内捐赠有差别外,流程均参照上述规定执行。若涉及来自境外的实物捐赠,基金会应与捐赠方事先沟通,便于办理海关等必要手续。
Article XV. Cross-border Donation: cross-border donation refers to those (in-kind) gifts coming from outside Mainland China. Cross-border donations only differ from donations from within Mainland China in terms of donation channels, all workflow for processing the cross-border donations shall remain consistent with the process described above. The Foundation shall communicate with the donor about cross-border gifts in-kind in advance to help facilitate customs and other necessary formalities.
According to the “Guidelines for Reporting on Important Matters of Social Organizations in Shanghai” established by Shanghai Civil Affairs Bureau and Shanghai Administration Bureau of NGOs, upon receiving cross-border donations, Foundations should report to Shanghai Administration Bureau of NGOs. The report should include donation amount, donor information (for non-anonymous donations), purpose, country, and etc. Please note that a gift agreement and a registration form containing information about the individual or legal entity must be drafted and signed for all cross-border donations. The name on the gift agreement/registration form should be the same as the remitter name (for specific requirements see Article XII).

第十六条 基金会独立核算,建立建账,坚持专款(物)专用的原则,并按照《上海纽约大学教育发展基金会章程》和法定要求向捐赠方及社会披露基金会的运营情况、公布捐赠款物的使用情况。
Article XVI. The Foundation shall operate under the principle of independent accounting, establish and prepare accounts, and only use funds for their designated purpose, disclose to the donors and the public the Foundation’s operations, announce the use of all gifts according to the “NYU Shanghai Education Development Foundation Articles of Association”.

第十七条 进入上海纽约大学教育发展基金会的捐赠也同时接受纽约大学的全球捐赠管理系统的监督,通过全球联网的专业管理软件和科学的管理流程保证捐赠资金的试用及管理高效、合法、透明。
Article XVII. Donations entered into the Foundation are also under the supervision and management of New York University’s global gift administration system. The use of the global gift administration system and scientific management 10
process ensures that the use and management of donations are effective, legitimate and transparent.

第四章 鸣谢方式
Chapter IV: Recognition for Donations

第十八条 捐赠金额无论大小,在捐赠方同意的情况下,均在适当场合、以适当方式予以公布(捐赠方要求保密的除外),法律另有规定的除外。
Article XVIII. Regardless of the amount of the donation, giving information may be publicized under suitable circumstances in suitable ways with the donor’s consent except for anonymous donations and with the exception that any laws may apply.

第十九条 捐赠金额无论大小,均以信件、证书、仪式等适当方式对捐赠方进行鸣谢。
Article XIX. Regardless of the amount of the donation, the Foundation shall thank the donor. Methods of expressing gratitude include sending a thank you letter or certificate, or hosting an event to thank donors.

第二十条 对于部分捐赠,基金会可协调受益方通过对建筑物、教学空间、奖助学金、讲席教授等进行冠名的方式,对捐赠方表达感谢、进行表彰。
Article XX. For some donations, the Foundation may express its appreciation and acknowledge the donor by coordinating with the beneficiary organization to offer naming opportunities for buildings, laboratories, financial aid and scholarship, professorship, and etc.

第二十一条 捐赠方因违反国家法律、法规或其行为在一定社会范围内造成不良影响的,基金会保留取消对其鸣谢的权利。
Article XXI. If donors violate national laws, regulations, or behave in a manner which negatively impacts society, the Foundation reserves the right to withdraw its thanks.

第二十二条 未尽事宜,视捐赠情况,协商具体鸣谢方式。
Article XXII. For any outstanding issues, specific methods of expressing appreciation shall be worked out based on the circumstances of the specific donation.

第五章 捐赠的使用
Chapter V: Use of Donations

第二十三条 捐赠可做如下分类:
Article XXIII. Donations can be categorized as follows:
1. Based on the donor’s giving preference, the donation can be either restricted or unrestricted.
A restricted fund is a fund provided by a donor with specific purpose to support a program, an area, or an organization.
An unrestricted fund is a fund with no specific giving preference in its purpose and beneficiary, and may be utilized by the Foundation to support areas, beneficiaries, and programs which are most in need of funding according to its mission.
2. By nature, Funds may either be designated as an endowment fund or an expendable fund. Both restricted and unrestricted funds may be endowed or expendable.
For an Endowment fund, the principal must be maintained for investment only. Only the interests or investment returns may be used in part or in whole to support relevant programs.
An Expendable fund may be used directly to pay for program-related expenses, until all funds are expended.

第二十四条 捐赠资金进入基金会账户后将按照捐赠协议中的约定规划和使用。根据《基金会管理条例》,非公募基金会每年用于从事章程规定的公益事业支出,不得低于上一年基金余额的8%,上海纽约大学教育发展基金会将以此为基准遵照执行。
Article XXIV. After the donation enters the Foundation’s account, it will be managed and used according to the gift agreement. According to the “Regulations on Administration of Foundations”, private foundations may not spend less than 8% of their year-end fund balance to support public welfare programs regulated by their Articles of Associations. The NYU Shanghai Education Development Foundation will abide by this benchmark.

第二十五条 一般每年基金会秘书处应会同财务部编制下一年度的预算计划,包括捐赠收入的预计、留本基金的规划和非留本基金的使用等,提交基金会理事会表决通过后,由基金会秘书处按预算计划督办实施。
Article XXV. The Foundation Secretary-General along with Finance Office shall prepare an annual budget plan for the next year, including programed revenue from donations, a plan for endowment funds, and the use of expendable fund, etc. After the budget is submitted to the Foundation Board and approved, it will be implemented and supervised by the Foundation Secretary-General’s Office.

第二十六条 非限定性捐赠,基金会将结合实际情况综合考虑各方需求进行统筹安排,包括但不限于前述第五条的用途描述。
Article XXVI. The Foundation shall use unrestricted fund based on real circumstances and all other relevant aspects, including but not limited to aspects mentioned in Article V.

第二十七条 对于限定性捐赠,基金会负责向指定受益方的相关部门转达捐赠的使用要求,征集项目方案及项目预算。基金会根据章程和宗旨、捐赠协议要求以及对现金流管理和计划的综合考量,审批项目方案及预算是否合理。
Article XXVII. For restricted donations, the Foundation shall communicate the specific requirements to the designated beneficiary, and request a program plan as well as program budget from the beneficiary. The Foundation shall review the feasibility of the plan and budget based on a comprehensive consideration of the Foundation’s mission and Articles of Association, content of the gift agreement, and projected cash flow.

第二十八条 基金会和受益方相关部门的双方代表就项目方案及预算合理的项目进行立项,经基金会理事会或秘书长批准,由受益方的相关负责人及基金会法人代表或其授权签字人共同签订《上海纽约大学教育发展基金会项目资助立项表》
Article XXVIII. Representatives of the Foundation and the relevant department of beneficiary organization shall implement programs in accordance to program plans and budgets. Upon approval of the Foundation’s Board or Secretary-General, representatives or legal signatories from both parties shall sign the “NYU Shanghai Education Development Foundation Program Funding Request Form” (hereinafter referred to as “the Funding Request Form”. The gift agreement, program plan and program budget shall be attached to this form and kept on file by the Foundation.
Program proposals and/or budgets which are not approved shall be returned to the beneficiary organization for adjustment and re-submission for the Foundation’s approval.

第二十九条 立项表的签订即为受益方和基金会就立项表上及后附的项目方案和预算达成一致。受益方财务部于项目进程中负责收集项目支出原始凭证。经报销后由受益方保管,同时向基金会提供发票等原始凭证的复印件或电子档案。
Article XXIX. Signing of the Funding Request Form by both parties ensures the Foundation and Beneficiary reaches agreement on what’s on the Funding Request Form and attached program plan and budget. The finance office of the beneficiary organization should collect the original receipts for all program-related expenses to keep on file following reimbursement, and provide the Foundation with soft copies of the original receipts.

第三十条 基金会向受益方的资助转账需签订《项目资助协议》,对资助金额及资助方式等进行规定。
Article XXX. Fund transfer from the Foundation to the beneficiary organization requires the signing of “Program Funding Agreement”, which regulates amount and method of funding the project.
The approval and signing of the “Funding Agreement” shall refer to the provisions as following: if the amount to be disbursed in one payment is less than RMB 500,000 (or equivalent) on one program, the payment must be approved by the Foundation Secretary-General or Vice Chairman. If the total amount of the disbursement in one payment exceeds RMB 500,000 (or equivalent), it must obtain approval from the Foundation’s Board.
The Foundation will transfer the funding according to the Program Funding Agreement.

第三十一条 项目结算完成后,基金会将项目相关文件进行归档。《项目资助协议》后附项目总结报告、费用报告、各项支出的原始凭证复印件、项目立项表,汇款转账凭证等相关文件。
Article XXXI. After the program settlement completed, the Foundation will file each program separately, documents kept on file shall include relevant documents such as the Funding Agreement, Program Summary Report, Program Expense Report, hard copies of original receipts for program-related expenses, Program Funding Request Form, bank transfer vouchers, etc.

第三十二条 如受益方相关部门因故需要变更项目实施方案,应提前向基金会提交书面报告,经协商获准后方可按变更后的方案执行。
Article XXXII. If the beneficiary organization needs to modify the original program plan, it should submit an adjusted program proposal to the Foundation in advance of the change. The program may only be implemented following the Foundation’s approval of the change.

第三十三条 项目运作期间受益方相关部门须定期向基金会汇报项目进展,基金会与捐赠方及时沟通项目运作情况及捐赠资金使用情况。
Article XXXIII. As program develops, the beneficiary organization shall periodically update the Foundation about the program’s progress. The Foundation will communicate program progress and the use of the gift to corresponding donors in a timely manner.
The beneficiary organization should provide documentation on project results, examples of possible documentation include photographs, videos, list of attendees, research findings, etc. The results and cost of the program shall be filed at the Foundation and the information shall be made open to the public to a certain extent, with considerations for government regulations and donor’s willingness.

第三十四条 受益方或受益方相关部门在项目实施过程中如有未按协议约定使用资助或者有其他违反协议的情况,基金会有权终止或撤销资助。
Article XXXIV. If the beneficiary organization violates the terms in the gift agreement and/or funding request form, or does not use the funds in accordance with committed purpose, the Foundation has the right to take actions including refusal to disburse funds or withdrawal of funding.

第三十五条 资助项目在执行过程中须视情况以适当形式(如活动标志、鸣谢等方式)体现捐赠方及基金会的资助。
Article XXXV. During implementation, funded programs shall acknowledge the support of the Foundation and donor as appropriate (e.g. display of the Foundation logo, or a message of thanks) depending on different situations.

第三十六条 重大公益支出:根据上海纽约大学教育发展基金会的章程第三十四条第一项规定,1)单笔资助额在人民币伍拾(500,000)万元以上的资助项目;2)在金融等领域进行的单项超过壹佰万(1,000,000)元人民币以上的各项投资行为,属于重大资助投资活动3。
Article XXXVI. Significant public welfare spending: according to Term 1, Article 34 of the NYU Shanghai Education Development Foundation Articles of Association, significant spending and investment are defined as following: 1) Program obtaining Foundation funding of over RMB 500,000 in one transfer; 2) A single transaction requiring financial investment of over RMB 1 million.
According to “Guidelines for Reporting on Important Matters of Social Organizations in Shanghai” drafted by the Shanghai Civil Affairs Bureau and the Shanghai Administration Bureau of NGOs, significant public welfare spending (program that obtained Foundation funding of over RMB 500,000 in one transfer) must be reported to Shanghai Civil Affairs Bureau. The report should include amounts for spending on public welfare, purposes of public welfare spending, and other relevant information.

第三十七条 基金会每年将接受上海市社会团体管理局的年度检查,年检结果在社会组织网上进行公告。并于每年年检结束后在《中国社会报》或其他获
Article XXXVII. The Foundation shall undergo an annual audit by the Shanghai Administration Bureau of NGOs each year. The result of the annual audit shall be posted on the China NPO Website, and the summary will be published on the “Chinese Society Newspaper” or other accredited newspaper or media. In addition, the Foundation will publish its annual report on its official website.

第六章 捐赠的管理
Chapter VI: Fund Management

第三十八条 根据《上海纽约大学教育发展基金会章程》,基金会按照合法、安全、增值、有效的原则保有和管理基金会资产。保证本金安全,并尽可能提高综合收益率,以达到捐赠方要求。
Article XXXVIII. According to “Articles of Association of NYU Shanghai Education Development Foundation”, the Foundation shall keep and manage its assets under the following principles: legal, secure, profitable, and effective. The Foundation shall ensure the security of the principal, while maximizing overall return on investment to meet the donors’ requirements.

第三十九条 基金会对于捐赠协议约定的留本基金、以及暂无使用计划的非留本基金,经综合考量流动性、安全性、和收益性,进行投资理财管理。
Article XXXIX. The Foundation shall manage the investment of its endowment fund and unplanned expendable funds according to the stipulations of the gift agreements. Investment decisions shall give comprehensive consideration to all factors including fund liquidity, security, and profitability.

第四十条 初始阶段,基金会的资金量有限,投资方向考虑金融市场上成熟的产品,大多为银行出售的理财产品,最大程度地保证本金安全。
Article XL. Initially, the Foundation will have limited funding capacity, therefore investments will mainly be focused on relatively mature investment products in the financial market, mainly financial products from banks in order to preserve the Foundation’s principal funds.

第四十一条 成熟阶段,基金会的资金达到一定规模,更多转向银行等金融机构的定制产品,在追求较低风险和稳定收益的同时,通过小部分的资金做较为进取的投资,以期达到更高的综合收益水平,更加符合捐赠方的期望。
Article XLI. When the Foundation has matured and scaled up its fund capacity, it will begin to explore investing in tailored financial investment products provided by banks and other financial organizations. In order to better meet the expectations of donors, the Foundation shall invest a small portion of its principal in a proactive manner in order to gain higher overall returns on investment while concurrently pursuing low risk and stable returns.

第四十二条 理财产品到期后,基金会将基于对现金流的预期,在一定的基础上进行调整,继续申购同类或更优质的产品,保证资金的有效利用和管理。
Article XLII. When financial products expire, the Foundation shall continue to invest in similar or more lucrative financial products while making adjustments based on cash flow projections to ensure the efficient utilization and management of funds.

第四十三条 投资活动的审批,应参照如下规定:即单笔付款金额为人民币壹佰万(1,000,000)元(或等额外币)以下的支付必须获得基金会秘书长或指定副理事长的批准以及财务部的审核;单笔付款金额为人民币壹佰万(1,000,000)元或以上(或等额外币)的支付必须通过基金会理事会的批准。
Article XLIII. Detailed processes for the approval and review of investment activities shall refer to the following: in summary, if the total funds disbursed for a single program amount to less than RMB 1,000,000 (or equivalent) in one payment, the disbursal must be approved by the Foundation’s Secretary-General or Vice
Chairman and reviewed by Finance Office. If the total disbursement amount in one payment exceeds RMB 1,000,000 (or equivalent), the disbursement must be approved by the Foundation’s Board.

第四十四条 根据捐赠方的要求,基金会会在一定程度上向捐赠方披露各项留本基金的投资情况。
Article XLIV. Based on the donor’s wishes, the Foundation shall disclose investment information on its endowment funds as appropriate.

第七章 附则
Chapter VII: Additional Provisions

第四十五条 本办法以中英文两种语言书写。如中英文版本产生歧义,以中文版为准。
Article XLV. These measures are written in both the Chinese and English languages. In the event of a conflict between the two versions, the Chinese version will control.

第四十六条 本办法由基金会秘书处负责解释。
Article XLVI. These Articles shall be interpreted by the Foundation Secretary’s Office.

第四十七条 本办法经基金会理事会批准之日起生效并执行。
Article XLVII. These Articles shall come into effect upon approval by the Foundation’s Board of Directors.