Client

The Shanghai Elderly Foundation is a public fundraising foundation established with the approval of the Shanghai Municipal Committee of the Communist Party of China. Its purpose is to raise funds to support elderly care and assist disadvantaged older people; its supervisory authority is the Shanghai Civil Affairs Bureau. The Huangpu Branch was established on 25 October 2009.

Engagement

Shanghai Lixiaohua Law Firm, through Ma Dehui, continues to act as legal adviser to the branch. The work covers the legality of fundraising activities, the drafting and review of donation agreements, governance and internal control, the handling of complaints, and compliance with the Charity Law and the regulations governing public fundraising foundations.

Why It Matters

Public foundations operate under close regulatory supervision and high public scrutiny. Documentation that is adequate for a commercial contract is often insufficient for a donation: purpose, use of funds, reporting and publicity all have separate legal requirements.