深圳经济特区行业协会条例 Regulations of Shenzhen Special Economical Zone on Trade Association

(Adopted at the thirty-sixth meeting of the Standing Committee of the second Shenzhen Municipal People’s Congress on November 22, 1999)
颁布日期：19991122 　实施日期：20000101 　颁布单位：深圳市人大常委会

　　chapterⅠGeneral Provisions

　　Article 1 In order to standardize the organizations and activities of trade association, safeguard the lawful rights and interests of it and exert its functions in socialist market economy, these regulations are formulated in accordance with the basic principles of laws and regulations of State and the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as “Special Zone”).

　　Article 2 “Trade association” in these regulations refers to the nonprofit and self-disciplinary public organization of the economic type with industrial character, which is composed of the economical organizations and individual businesses of the same trade in this city.

　　Article 3 The aim of the trade association is to safeguard its members’ lawful rights and interests, coordinate the relations between members, offer services to them, link up the connection between members and the government as well as promote the economic development of the same trade in this city.

　　Article 4 The trade association must observe the laws, regulations and rules, and may not impair social public interests and its members’ interests.

　　Article 5 The trade association receives the direction and supervision from the correspondent competent authorities for the business of Shenzhen Municipal People’s Government (hereinafter referred to as “municipal government”) and carries out activities independently according to these regulations.

　　The competent authorities for registration of social organization of the municipal government are responsible for the management of the registration of trade association.

　　Article 6 The trade association established according to these regulations shall crown the word of “Shenzhen” before its title. The domicile of the trade association is the place of its main working body.

　　Chapter Ⅱ Establishment of Trade Association

　　Article 7 The trade associations are established in pursuance of trades and are classified according to relative standard of State. It is not allowed to repeatedly establish the same or similar trade associations in the same trade in this city.

　　Article 8 The economical organization and individual business with more than 30 persons, which have acquired business license by registration according to law and have been in business uninterrupted for 6 months may sponsor and found trade association as an promoter.

　　Article 9 The application of establishing trade association is classified into two stages, i.e., application of preparation and application of registration of establishment.

　　When the promoter applies for preparing and establishing the trade association, he shall submit documents and materials prescribed in relevant laws, regulations and rules to the competent authorities for the business of the municipal government. The competent authorities for the business of the municipal government shall issue the examining and approving documents within 30 days from the date on receiving the applying materials.

　　The promoter shall apply for the registration of preparation and establishment to the competent authorities for registration of social organization in the time prescribed, with the examining and approving documents consented by the competent authorities for the business of the municipal government and other relative documents and materials for the registration of social organization.

　　Article 10 The trade association shall formulate the constitution when it is established. The constitution of trade association shall record the following matters: title, address, aim and functions of trade association, members’ qualification, procedures for e

nrollment and withdrawal, members’ rights and obligations, institutions and their functions, the way of establishment of the leading official of trade association and the time limit of his incumbency as well as the scope of his powers, the ways of paying membership dues, system governing the management of funds, the procedures of constitution’ modification and termination as well as other matters that need prescribing.

　　The constitution of the trade association goes into effect after having been passed by more than half of all the members.

　　Chapter Ⅲ Members

　　Article 11 The organizations and individual businesses of the same trade, which have acquired the business license according to law and admit the constitution of the trade association, may be members of the trade association after applying and being approved. If the organizations and individual businesses operate currently in more than 2 trades, they may join in every trade association separately.

　　Article 12 Members of a trade association enjoy the following rights:

　　(1) to attend the general meeting of members and participate in all kinds of activities held by trade association;

　　(2) to enjoy preferentially all kinds of services provided by trade association;

　　(3) to participate the management of trade association;

　　(4) to enjoy the right of voting and the right to be elected;

　　(5) to enjoy the voting power;

　　(6) to enjoy the right of supervision;

　　(7) to enjoy the freedom of withdrawing from trade association;

　　(8) other rights prescribed in the constitution of trade association.

　　Every member has one ballot of voting power except that the constitution of trade association has separate provisions. When a member exercises the right mentioned above through the member’s deputy, the deputy shall submit written document testifying he is the representative.

　　Article 13 The members of a trade association must perform the following obligations:

　　(1) to observe the laws, regulations, rules, constitution of trade association as well as trade regulations and stipulation;

　　(2) to implement the resolution of trade association;

　　(3) to fulfill the work arranged by trade association and submit statistical materials;

　　(4) to pay membership dues in due course;

　　(5) other obligations prescribed in the constitution of trade association.

　　Chapter Ⅳ Organs

　　Article 14 Trade association exercises system of members. General meeting of members or members’ deputies consists of members. General meeting of members or members’ deputies is the highest agency of powers.

　　Article 15 A trade association having more than 100 members may establish general meeting of members. The general meeting of members’ deputies is set up according to the constitution of trade association, which exercises the functions and powers of general meeting of members. The members’ deputies are decided through election by members.

　　Article 16 The general meeting of members is held according to the constitution. If the board of directors deems it necessary or it is required by more than one fifth of the members, the board of director may hold temporary general meeting of members.

　　Article 17 The general meeting of members or members’ deputies may only be held with the presentation of more than half of the whole members or members’ deputies.

　　The resolution of general meeting of members or members’ deputies goes into effect only with the approval of half of the members or members’ deputies presenting the general meeting of members or members’ deputies.

　　Resolution about the following matters must be passed by two thirds of the members presenting the general meeting of members or members’ deputies:

　　(1) modification of the constitution of trade association;

　　(2) expulsion of membe

r;

　　(3) election and dismissal of the president, deputy president, director and supervisor;

　　(4) dissolution and liquidation of trade association.

　　Article 18 The trade association set up board of director. The board of director is the standing organ of general meeting of members or members’ deputies. The board of director performs duties according to the resolution of general meeting of members or members’ deputies and the constitution of trade association.

　　Article 19 A trade association, whose number of directors is above 50, may select standing directors from the directors to constitute board of standing director.

　　The board of standing director exercises the duties prescribed in the constitution of trade association.

　　Article 20 The resolution of board of directors or standing directors shall be passed by more than half of the directors or standing directors.

　　Article 21 The meeting of board of directors shall be held at least once a year, and the meeting of board of standing directors shall be held at least twice a year. Temporary meeting of board of directors or standing directors may be held in accordance with the provisions in constitution of trade association.

　　The board of directors is composed of president, deputy president, secretary-general and directors. The board of standing directors is composed of president, deputy president, secretary-general and standing directors.

　　The incumbency of president, deputy president and secretary-general is prescribed by constitution of trade association, but the incumbency of every session shall not exceed 3 years, when the incumbency expired, they may be elected to hold the position again, but may not exceed 2 sessions.

　　The meeting of board o

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