Chapter 2: School Legal Persons
Section 1: Establishment
Natural and legal persons may form school legal persons by applying for permission from the legal person authority according to the Law in order to establish private schools.
The donator or executor shall draw up rules governing the donation and a plan for establishing the private school, and submit them to the legal person authority to apply for permission with an asset list and pertinent information attached.
Rules governing the procedure for and conditions for approval to the above applications, and related matters shall be drawn up by the Ministry.
The rules governing the donation (the Rules) shall include the following:
1. Purpose of the school legal person.
2. Assets donated.
3. Objectives of the school.
4. Recommendations made by the founder.
5. Number and qualifications of and candidates for board members, and the appointment, dismissal and reelection thereof.
6. Election and discharge of the president.
7. Organization and powers of the board, the number of meetings, the procedure for calling a board meeting, election of chairperson of the meeting, the method used to reach resolutions, provisions addressing conflicts of interest, etc.
8. Number, qualifications and powers of supervisors, and their appointment and dismissal.
9. Management of the school legal person and the school(s) it establishes.
10. Date the Rules are drawn up.
The Rules shall be approved by the legal person authority before the school legal person is formed. Changes to the Rules shall be approved by the legal person authority as well.
Guidelines for drawing up the Rules shall be drawn up by the Ministry.
The donator or executor shall be the founder of the school legal person. The person designated by the donator or executor as the founder in accordance with the Rules may be the founder as well.
If the founder is a legal person, the representative it appoints shall exercise the legal person’s powers.
There shall be no more than three founders in a school legal person.
A school legal person shall install persons as board members and supervisors. The founder(s) may form part of its first board members or supervisors. The remaining board members and supervisors shall be elected in accordance with the Rules within three months after the legal person authority grant them permission to establish the school legal person with their names submitted to the legal person authority for endorsement.
First board members and supervisors shall be hired by the founder(s) within 30 days following the legal person authority’s endorsement. A meeting shall be held to form the board with one member elected president.