In order to improve the ability of social organization supervisors and boards of supervisors to perform their duties in accordance with the law, and to solve the difficulties in performing their duties such as "not being able to supervise, not daring to supervise, and not understanding compliance", on June 23, the China Charity Federation held a special training on "Building a Firm Compliance Bottom Line and Strengthening the Functions of Supervisors". Zhang Lingxiao, Secretary and Director of the Party Committee of Jingshi Law Firm and Deputy Chief Supervisor of China Charity Federation, was invited as a keynote speaker to conduct training for 210 practitioners.
▲Zhang Lingxiao, Secretary and Director of the Party Committee of Jingsh Law Firm and Deputy Chief Supervisor of China Charity Federation
During the training, Zhang Lingxiao, Secretary and Director of the Party Committee of Jingshi Law Firm and Deputy Supervisor of China Charity Federation, said that as the core force of internal supervision of social organizations, supervisors’ ability to perform their duties is directly related to the standardized operation and high-quality development of the organization. Combining dozens of representative real legal precedents and administrative penalty cases across the country in recent years, he systematically sorted out the three core pain points in the performance of the duties of the supervisory boards of social organizations: The first is the lack of willingness to supervise, and some supervisors regard their positions as "nominal" and "honor" and have "zero interference" in the organization's operations; The second is the lack of supervision ability, and the lack of a clear understanding of "what to supervise and how to supervise"; The third is the lack of independence, and the boundaries of powers and responsibilities between supervisors, the board of directors, and the secretariat are blurred, making it difficult to truly play a role of checks and balances.
Subsequently, Director Zhang Lingxiao explained the legal basis and core powers of the Board of Supervisors one by one, and clarified the legal boundaries of the Board of Supervisors based on the Charity Law, Civil Code, Foundation Management Regulations and other laws and regulations. Regarding daily supervision practices, he introduced the basic methods and key links of supervisors' daily supervision from the aspects of attending the board of directors, financial supervision, compliance review, conflict resolution and other dimensions. In addition, he focused on analyzing five untouchable compliance red lines, including misappropriation of funds, non-disclosure of related-party transactions, refusal to accept supervision and inspection, receiving illegal funds in the name of public welfare, and failure to carry out activities in accordance with the articles of association, and systematically introduced the supervisors' graded response strategies for resolutions of violations.
In this training, Director Zhang Lingxiao closely focused on the core needs of social organization governance and responded to the difficult issues and capability shortcomings of the board of supervisors in actual operation. It has a positive guiding significance for improving the ability of supervisors to perform their duties in accordance with the law and strengthening the effectiveness of internal supervision of social organizations. It helps the internal governance of social organizations continue to move from "tangible coverage" to "effective supervision."
In the future, Jingshi Law Firm will continue to give full play to its professional advantages, actively participate in the legal construction of social organizations and industry governance practices, continue to export professional wisdom in the fields of public welfare charity, compliance construction of social organizations, etc., and empower social organizations to improve internal governance and enhance compliance management levels with high-quality legal services.
▲Related reports from Xinhuanet, Phoenix.com, and China Charity Federation