Regulations
of China Culture & Office Equipment Manufacturers Association
(CCOEA)
Chapter 1 General Rules
Article 1 The said Association's English name is "China Culture
& Office Equipment Manufacturers Association" briefed as
"CCOEA".
Article 2 The Association is a nationwide industrial organization
voluntarily composed of manufacturers of culture and office equipment
as main body to include relevant scientific research design institutes,
universities and colleges, sales companies, maintenance service units
and entities working in fields of culture and office equipment. CCOEA
is a non-profit social entity not limited by department, region and
ownership, a social entity to have legal person qualification.
Article 3 The Association's purpose is to comply with comrade Deng
Xiaoping's theory of socialist construction with Chinese specific
features, hold firmly Communist Party's basic line of "One Core,
Two Basic Points", build socialist market economy system around
international trade criteria, push forward culture and office equipment
trade's modernized construction to develop different activities, serve
for enhancement of enterprise's living ability also for improvement
and enforcement of macro-economic management, give full play of bridge
and linkage role between governmental competent Dept. and enterprises,
observe Chinese Constitution to pass governmental policy, decrees,
laws and acts, observe social custom morality, assist governmental
Dept. doing well trade management work, reflect enterprise's wishes
and demands, vindicate member's lawful rights and interests to promote
whole trade's development.
Article 4 The State Economic & Trade Commission and Ministry of
Civil Affairs, P.R. China are the administration departments to business
guidance and supervision of CCOEA. CCOEA is administered by China
Machinery Industry Federation (CMIF) entrusted by and on behalf of
State Economic & Trade Commission's leadership.
Article 5 CCOEA address is located in Beijing.
Chapter 2 Business Scope
Article 6 CCOEA Business scope is:
(1) To exercise investigation and study of culture & office
equipment trade's regional economic development and to put forward
Association's opinion and suggestion in aspects of economic policy
and legislation;
(2) With approval and authorization of governmental Dept. to proceed
statistics and to collect, analyze and release information of culture
& office equipment trade;
(3) To establish publication of culture & office equipment
trade and to develop consulting service;
(4) To organize training courses on talents, technology and occupation;
(5) To organize fairs, exhibitions etc;
(6) With approval of governmental Dept. to participate in quality
management and supervision;
(7) To give guidance and to assist enterprises improving business
management;
(8) With entrustment to organize scientific and technical result's
identification and to spread application;
(9) To draft, supervise and implement trade's regulations and
rules and to standardize trade's behavior, coordinate price disputes
with same occupation and protect fair competition;
(10) To reflect member's requirement and coordinate relationship
among members also to protect their legal rights and profits;
(11) Authorized and entrusted by governmental Dept. to participate
in drafting trade's plan and to proceed initial stage proof discussion
of trade's large and important projects for technical upgrading,
technology import, investment and development;
(12) To participate in drafting, amending national norm and industrial
norm and to organize carrying out, implementing and supervising
such standards;
(13) To participate in delivering industry's production and business
license also to participate in examining identification qualification;
(14) To participate in market construction for related products;
(15) To develop trade's and social public welfare deeds;
(16) To bear other tasks entrusted by governmental Dept.
Chapter 3 Members
Article 7 Within Chinese territory all manufacturers and related
scientific research design institutes, universities and colleges,
companies and entities already obtained Industrial & Commercial
Business License according to Chinese law to work in fields of culture
& office equipment plus the linked element, material or technological
assistance operation etc may submit with its application form to
Association for membership qualification and be admitted through
approval as a member. Representative member should be the said firm's
legal representative or representative entrusted by the legal person.
Experts, scholars and celebrities who support culture & office
equipment trade's development and are enthusiastic to trade's work
or familiar to trade's business can be appointed as Association's
advisors.
Article 8 Applicant for Association membership qualification shall
also have following conditions:
(1) To uphold Association Regulations;
(2) To wish participating in Association;
(3) To have certain impression in the field of culture & office
equipment trade.
Article 9 Procedure to be Association member is:
(1) To submit Application Form for Association member;
(2) To discuss for approval by Board of Directors or check by
Association's Secretary Office to conduct relevant formalities;
(3) To submit on file to Board of Directors by Association's Secretary
Office.
Article 10 Association member enjoys following rights:
(1) To have the right to vote, right to be elected and right of
final vote;
(2) With priority to participate in Association's activities;
(3) With priority to enjoy various services from Association;
(4) With priority to get information papers and publications from
Association;
(5) With priority and favor to enjoy scientific research results,
technical and economic information organized by Association for
exchange and transfer purpose;
(6) To have the right of criticism, suggestion as well as supervision;
(7) To participate in Association by its own willingness and to
withdraw from Association by its free choice;
(8) It is allowed for Association member to participate in local
professional association or other associations.
Article 11 Association member performs following obligations:
(1) To observe Association Regulations and to execute Association's
resolutions;
(2) To vindicate Association's lawful rights and interests as
well as culture & office equipment trade's common profits;
(3) To fulfill the work entrusted by Association and to participate
in Association's activities;
(4) To hand in membership dues according to Association rules;
(5) According to Association requirement to provide member's basic
conditions in aspects of production, technology and business management
with advanced experience.
Article12 If a member wants to withdraw from Association it needs
to advise Association in written form to discuss for approval by
Board of Directors so as to cancel its membership qualification.
Article 13 If a member's behavior is seriously opposite to Regulations
such is to vote for approval by Board of Directors or Standing Board
of Directors to delete its name.
Chapter 4 Structure of Organization, Responsible
Official's produce and recall
Article 14 Top power authority of Association is Members Conference
(or Representative Members Conference); Members Conference (or Representative
Members Conference) is to hold four (4) years a time with responsibility
as follows:
(1) To formulate and amend Regulations;
(2) To elect and recall Directors;
(3) To review working report and financial report by Board of
Directors;
(4) To discuss and decide working policy of Association, membership
dues' hand-in method, organization work ordinances and other important
matters;
(5) To decide termination matters.
Article 15 The holding of Members Conference (or Representative
Members Conference) needs more than two thirds (2/3) of its members'
(or representative members') attendance to open and the coming into
force of its resolution needs more than half (1/2) of its member
(or representative member) attendees to vote for approval.
Article 16 Members Conference (or Representative Members Conference)
is four years a term. If in special situation needs to change the
stage of term in advance or delay it has to vote for approval by
Board of Directors to report to the competent business department
for examination and be ratified by the entity registration administration
organ. Time of delay to change stage of term is at most no more
than one year.
Article 17 Board of Directors is the executive organ of Members
Conference (or Representative Members Conference) and is during
Conference's off-time to lead Association exercising daily work.
Board of Directors is responsible to Members Conference (or Representative
Members Conference). Each stage of term on duty for Board of Directors
is four (4) years.
If change of representative legal person of a member firm the new
representative legal person of the said firm shall be the consecutive
member.
In special situation and on the basis of sufficient consultation
and exchange of opinions with related sides (professional Sub-Associations,
previous standing members and members etc) it may also adopt communication
method to elect members.
Article 18 Board of Directors' Responsibility and Right are as follows:
(1) To execute resolutions of Members Conference (or Representative
Members Conference);
(2) To elect and recall President, Vice-Presidents, Secretary
General;
(3) To prepare holding Members Conference (or Representative Members
Conference);
(4) To report its work and financial situation to Members Conference
(or Representative Members Conference);
(5) To decide member's absorption or deletion;
(6) To decide setting up business organs, branches, representative
offices and firms;
(7) To decide inviting Vice-Secretary Generals, main responsible
officials of separate organs;
(8) To lead Association's organs to develop work;
(9) To draft internal management system;
(10) To examine and approve Association's annual working plan,
summary of work and financial final accounts;
(11) To examine and approve member's augment and change;
(12) To chose Honorary President and invite advisors;
(13) To decide other important matters.
Article 19 The holding of Board of Directors' meeting needs more
than two thirds (2/3) of its Directors' attendance to open and the
coming into force of its resolution needs more than two thirds (2/3)
of its Director attendees to vote for approval.
Article 20 Board of Directors' meeting is to hold one year a time
and in special situation it may also adopt communication method
to hold meeting.
Article 21 The said Association sets up a Standing Board of Directors.
Standing Board of Directors is composed of President, Vice-Presidents,
Standing Members and Secretary General to produce from election
by Board of Directors and is during off-time of Board of Directors'
meeting to exercise Article 18 (1), (3), (5), (6), (7), (8) &
(9)'s responsibility and right. Standing Board of Directors is responsible
to Board of Directors.
Article 22 The holding of Standing Board of Directors' meeting needs
more than two thirds (2/3) of its Standing Directors' attendance
to open and the coming into force of its resolution needs more than
two thirds (2/3) of its Standing Director attendees to vote for
approval.
Article 23 Standing Board of Directors' meeting is at least to hold
one half year a time and in special situation it may also adopt
communication method to hold meeting.
Article 24 The said Association's President, Vice-Presidents and
Secretary General shall have following conditions:
(1) To insist on Communist Party's line, principle and policy
with good political character;
(2) To have comparatively larger impression in Association's business
domain;
(3) To be 70 years old at most on duty for President and Vice-Presidents
and 65 years old at most on duty for Secretary General. Secretary
General is on specific duty.
(4) To be healthy to adhere to normal work;
(5) To have no historical criminal sanction to deprive political
rights;
(6) To own full ability of civil behavior.
Article 25 If the age of Association's President, Vice-Presidents
and Secretary General is more than the top age on duty it has to
vote for approval by Board of Directors to report to the competent
business department for examination and be ratified by the entity
registration administration organ to hold the post.
Article 26 Term on duty for Association's President, Vice-Presidents
and Secretary General is four (4) years. Period on duty for President,
Vice-Presidents and Secretary General shall not be more than two
(2) terms.
If in special situation needs to extend period on duty it is allowed
to hold the post only after vote by Members Conference (or Representative
Members Conference) with two thirds of Member attendees' approval
to report to the competent business department for examination and
be ratified by the entity registration administration organ.
Article 27 President is Association's legal Representative. Association's
legal Representative shall not hold concurrent post as legal Representative
of other entities.
Article 28 President is to exercise following responsibility and
right:
(1) To call and hold Board of Directors' meeting and Standing
Board of Directors' meeting;
(2) To check up resolution's validation by Members Conference
(or Representative Members Conference), Board of Directors' meeting
and Standing Board of Directors' meeting;
(3) On behalf of Association to sign relevant important documents;
(4) To deal with other related important matters.
Article 29 Secretary General is to exercise following responsibility
and right:
(1) To hold business organs to develop daily work and to organize
implementing annual work plan;
(2) To coordinate branches, representative offices and firms to
develop work;
(3) To nominate Vice-Secretary Generals and main responsible officials
of business organs, branches, representative offices and firms for
a decision by Board of Directors and Standing Board of Directors;
(4) To decide inviting specific duty working personnel of business
organs, representative offices and firms;
(5) To deal with trade's work entrusted by governmental Dept.
and other daily business work.
Chapter 5 Management of Assets and Principle of Utilization
Article 30 Association's resource of funds is from:
(1) Membership dues;
(2) Donation and grant;
(3) Government assistance;
(4) Income of developing activities within approved business scope
or of services;
(5) Bank interest;
(6) Other legal incomes.
Article 31 Association collects membership dues according to state
relevant stipulations. Branch organs shall not independently collect
membership dues and its subsidy of activity is allocated separately
by Association according to certain proportion of membership dues
handed-in from different professional membership firms. Association
and branches need all with efforts to develop compensated services
to earn incomes so as to make up insufficiency of funds.
Article 32 Association's funds must be used in business circle and
in development of deeds as stipulated in the Regulations. It can
not be distributed among members.
Article 33 Association sets up strict financial system and ensures
accounting documents legal, true, correct and complete.
Article 34 Association provides accounting personnel to have professional
qualification. Accountant shall not hold concurrent post as cashier.
Accounting personnel has to proceed checking of account to implement
accountant supervision. When accountant is to shift of work or farewell
of post it needs to conduct clearly hand-over formality with the
take-over personnel.
Article 35 Association's assets management must implement state
stipulated financial management system, accept supervision from
Members Conference (or Representative Members Conference) and from
financial administration department. Whereas assets resource comes
from state allocated fund or social donation, grant and assistance
it must accept supervision from audit organ and with appropriate
means to publicize the society of related situation.
Article 36 Prior the changing over of Association's stage of term
or legal representative needs to accept financial audit organized
by the entity registration administration organ and the competent
business department.
Article 37 Association's assets are not to be seized, illicitly
distributed and diverted by any department or individuals.
Article 38 Salary, insurance and welfare treatments for Association's
specific duty working personnel are to be implemented with reference
to follow related state stipulations for institutions.
Chapter 6 Branches
Article 39 Association sets up professional Sub-Associations according
to specialty categories. Professional Sub-Associations are Association's
Branches and they are Association's basic activity departments as
well as the working base to develop work under leadership of Association.
(1) Sub-Association shall link up with a firm and shall according
to Regulations to combine with self specialty's features to draft
its working rules which will come into force after examination by
the linked firm and be approval by Association;
(2) Sub-Association's Member must be Association's Member;
(3) Sub-Association shall assist Association to recruit members
and to urge hand-in of membership dues;
(4) The linked firm shall actively support Sub-Association's work
and as far as possible provide convenience of manpower, material
resources and working conditions, also shall assist Sub-Association
to develop trade's work;
(5) Sub-Association has obligation to bear related work handed
by Association and at fixed time to report Association with its
working plan, summary and financial final accounting of revenue
and expenditure.
Chapter 7 Amendment Procedure of Regulations
Article 40 To amend Association Regulations needs to vote for approval
by Board of Directors to report Members Conference (or Representative
Members Conference) for examination.
Article 41 The revised Association Regulations will come into force
after approval by Members Conference (or Representative Members
Conference) and in 15 days with approval from examination by the
competent business department to be ratified by the entity registration
administration organ.
Chapter 8 Termination of Procedures and Treatment
of Assets after Termination
Article 42 If Association needs to cancel Association's name due
to cause of completion of its purpose, self dismiss, split or merge
it should be put forward a motion of termination by Board of Directors
or Standing Board of Directors.
Article 43 Association's motion of termination has to vote for approval
by Members Conference (or Representative Members Conference) to
report to the competent business department for approval examination.
Article 44 Prior Association's termination it needs to set up clearing
organization of accounts under guidance of the competent business
department and related organs to clear creditor's rights as well
as debt and to treat aftermath matters. During clearing period it
is not allowed to develop any activity except the clearing operation.
Article 45 Association is terminated after conducting cancel registration
formality by the entity registration administration organ.
Article 46 Under supervision of the competent business department
and the entity registration administration organ the remaining assets
after Association's termination shall according to state relevant
stipulations be used to develop the deeds in relation to Association's
purpose.
Chapter 9 Supplementary Articles
Article 47 CCOEA Regulations are approved by final vote of Members
Conference on January 22, 2002.
Article 48 CCOEA Regulations' explanation right is belonged to Association's
Board of Directors.
Article 49 CCOEA Regulations shall come into force starting from
the date of ratification by the Entity Registration Administration
Organ.
|