深圳经济特区行业协会条例 Regulations of Shenzhen Special Economical Zone on Trade Association
2009-03-24 法律英语 来源:互联网 作者: ℃Article 22 The trade association has one president. The number of deputy presidents is prescribed by constitution of trade association.
The president and deputy president are nominated from director by the board of directors and decided through the election by general meeting of members or members’ deputies.
Article 23 The president is the legal representative of trade association.
The president shall have permanent residence of Shenzhen Municipal and have domicile in this city.
Article 24 The trade association may have a supervisor. The number of supervisors is prescribed by the constitution of trade association. The supervisor is decided by general meeting of members. The supervisors supervise the business activities and financial management of trade association and report work to general meeting of members. The supervisor may not hold concurrent posts of president, deputy president, director or standing director.
Article 25 The trade association set up secretariat, which is the standing wording body.
The trade association has a secretary-general, who is responsible fro dealing with the daily work of secretariat of trade association.
Article 26 The trade association may set up professional committee according to its need, which is established and carries out activities according to the procedures of relative national provisions.
Chapter Ⅴ Functions of Trade Association
Article 27 A trade association shall implement relevant laws, regulations and rules, formulate and organize implementation of the trade regulations and stipulations of this trade, establish trade’s self-disciplinary mechanism, enhance the trade’s general quality, coordinate relationship between members and safeguard the whole interests of the trade.
Article 28 Trade associations shall carry out trade investigation, stud
y the development of its trade, reflect the requirement of members to the competent authorities for the business of municipal government, make suggestions on the aspect of policy and legislation, safeguard the lawful interests of members and conduct propaganda to members about the policies of the government.
Article 29 Trade associations shall carry out advisory services, offering the internal and external information about the technique, economic and market.
Article 30 Having been approved and authorized by the competent authorities for business of municipal government, trade association may conduct trade statistic, collect, analyze and issue trade information, and carry out market forecast as well as trade planning.
Article 31 Trade association may organize its trade to explore internal and external market, hold exhibition and display, recommend brand-name and quality products of its trade, and carry out technique intercourse and cooperation.;
Article 32 Having been approved by the competent authorities for business of municipal government, trade association may organize talent exchange and vocational technique training, and participate in the labor management of trade as well as the reform of recruitment system.
Article 33 Having been approved by the competent authorities for business of municipal government, trade association may participate in the work of formulating trade standard and quality management and supervision, and join in the examination of qualification and quality.
Article 34 Under the direction of the competent authorities for price of municipal government, trade association may strengthen self-discipline of price, supervise and direct the price of product in trade, coordinate the price dispute between fraternities, and safeguard fair competition of trade.
Article 35 Trade associations may be authorized by the competent authorities for business of municipal government to cooperate and assist it to conduct activities of trade management.
Chapter Ⅵ Funds and Financial Management
Article 36 The funds of trade association may be raised by the following ways:
(1) membership dues paid by members;
(2) contributions acquired for conducting matters delegated by competent authorities for business of municipal government;
(3) earnings from the services of information consultation, talent training, technical lectures, compiling and printing materials, holding exhibitions and service projects, etc;
(4) other legal incomes.
Article 37 The standard of membership dues is enforced according to relevant provisions of State.
When a member withdraws from the trade association or is expunged, he may mot require the trade association to refund the membership dues already paid and the assets contributed or donated.
Article 38 The funds expenditure of trade association may include the following items:
(1) costs of carrying out business activities and holding meetings as well as daily administrative expenses.
(2) wages and welfare allowance of the full time personnel of trade association.
(3) other normal expenditure needed for the members’ interests and the aim of trade association.
The lawful incomes of trade association shall be used to the aim prescribed in the constitution of trade association and the activities within the business scope, and may not be diverted for other use.
Article 39 A trade association shall have its own independent finance and bank account, and observe relative provisions of State, as well as establish sane and strict financial management and control system.
Article 40 The board of directors and standing directors of trade association shall proclaim the incomes and expenditure of funds to the general meeting of members and members’ deputies periodically, and report to the competent authori
ties for business and the registration management authorities for the social organization of municipal government, as well as receive supervision and examination.
When a trade association is elected again, its legal representative, secretary-general and persons directly liable shall be conducted financial audit. The fee of financial audit shall be born by the trade association being audited.
Chapter Ⅶ Alteration, Dissolution and Liquidation
Article 41 The alteration incorporation and dissolution of trade association shall be conducted according to relevant laws, regulations and rules. The liquidation of the assets shall also be handled in accordance with law.
Article 42 The trade association is dissolved for the following reasons:
(1) the general meeting of members makes decision of dissolution.
(2) trade association is revoked in accordance with law.
Article 43 If the general meeting of members makes a decision of dissolution, it shall report it within 30 days to the competent authorities for business of municipal government for examination
Article 44 When the trade association is dissolved, members of liquidating group are selected by the board of directors; If the board of directors can’t select, they will be appointed by the competent authorities for business of municipal government.
Article 45 The liquidation group formulates program, which shall be reported to the authorities authorized by municipal government for approval after being discussed and passed by the general meeting of members.
Article 46 The trade association may not carry out new business activities during the liquidating period.
Article 47 The liquidating fees are paid from the assets of trade association preferentially.
Article 48 When the liquidation finishes, the residual property is under the control of competent authorities for business of municipal government.
Article 49 When the trade association finishes the liquidation, it shall go to the competent authorities for the registration of social organization.
Chapter Ⅷ Penalty Provisions
Article 50 If any subject carries out activities in the name of trade association without authorization, it shall be banned by the competent authorities for the registration of social organization, which shall confiscate the illegal incomes; If the circumstances are serious, it may be fined less than 5 times of the illegal incomes; If a crime is constituted, criminal responsibility shall be pursued in accordance with law.
Article 51 If the trade association provides false document or takes fraudulent mean and withhold important facts to acquire approval and registration of the municipal government when it is established, the competent authorities for bushiness and the competent authorities for the registration of social organization will dismiss the approval and registration.
Article 52 If the trade association provides the financial budget and final accounts statements which is false or withholds important facts, the competent authorities for business of municipal government shall refer to the competent authorities for the registration of social association to impose a fine not less than 1000 RMB but not more than 5000 RMB to the trade association and the directly responsible personnel; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be pursued in accordance with law.
Article 53 If the trade association violates these regulations and other relevant rules
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