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Chapter 1 General Regulations Article 1 Name: Shanghai Leasing Trade Association, abbr.SLTA; Chinese: 上海市租赁行业协会。 Article 2 SRTA is established under the spirit of the Management and Register Regulations of Society Organization, Interim Procedures of Shanghai Municipality on Trade Associations, and the Notice from Shanghai Municipal Government on transmitting the suggestions of Shanghai Municipal Development and Reform Office, People’s Government of Shanghai about linking up the management responsibilities of Shanghai Trade Associations’ operation department. SRTA is the Trade Social Organization as Legal Persons voluntarily established by Shanghai rental trade enterprises, which is cross-department, cross-ownership and unprofitable. Article 3 Purpose: to function as the communication bridge between rental trade enterprises and government, society under the request of establishing social market economy, carrying out the national policies and rules of laws. To reflect and research new circumstances and new problems in rental trade management so as to protect member’s legal right, enhance the self-discipline of Shanghai rental trade, and promote the healthy development of rental trade. Article 4 Shanghai Economic Committee is in charge of trade operation. Shanghai Trade Association Development is in charge of association operation. The management unit in charge of register is Shanghai Association Management Bureau. SRTA is also under the trade instruction and supervision of Shanghai Commercial Committee, Shanghai Trade Association Development and Shanghai Association Management Bureau. Chapter 2 Tasks, the range of operation and the principles of activities Article 5 Tasks: 1) According to the national policies, laws and rules of laws, to investigate and constitute the self discipline conventions and professional ethics of trade, to exchange and spread the advanced experiences, to propel the development of the trade management and benefits; 2) To select and sort out the basic information of the whole trade, to investigate the trade development strategy, body reform and technology development, to propose advices on existed problems to related government departments; 3) To constitute trade rules and procedures which are disputed to be dealt with, to assort with disputations over trade activities between members, between members and non members or between member and hires; 4) To promote and develop the communication inside and outside trade, cross trade, to communicate and cooperate with related trade organizations home and abroad; 5) To select and sort out the market information of rental trade home and abroad as well as to public materials well to spread between members; 6) To accept other affairs transferred or consigned by related departments of government and to hold meaningful activities for the association. Article 6 Operation range: rental agency, acting training, data investigation, information service, exhibitions, projects consultation, trade promotion, to organize market expansion, to issue market information, introduce trade products or services. Article 7 Activity principles: 1) SRTA shall hold activities in accordance with approved regulations while abide by the rules of laws, regulations and policies, social ethics. 2) SRTA shall be honest, trustful, justice and shall not use deception, damage the national, other units’ or individual benefits; 3) SRTA shall not do trade in the name of the Association. If SRTA hold activity in the name of trade entity, it shall not compete with other rental enterprises for benefits; 4) SRTA shall hold activities democratically and independently. It shall have its own employees, prepared capitals, and shall work independently. Chapter 3 Membership Article 8 Members of SRTA are units. All the enterprises which legally own licenses of rental trade and manufacture and trade in all kinds of ownership, as well as related scientific research, education units can all apply to join SRTA as long as they admit the regulations of SRTA and obey all the rules of SRTA. Article 9 Enrolling procedures: 1) Submit application, photocopy of trade license and legal person’s certificate; 2) The council shall authorize secretariat to verify. If agreed, it shall deliver enrollment certificate. Article 10 Members have the following rights: 1) To have the right to vote, be voted; 2) To take part in the activities of SRTA; 3) To have the right to supervise, criticize and give advices to the SRTA’s work; 4) To have priority of SRTA’s services; 5) To freely enroll and recede. Article 11 Members’ responsibilities 1) To abide by the regulations of SRTA, perform the resolution of SRTA, obey the action restrictions, protect SRTA’s benefit; 2) To accomplish the jobs consigned by SRTA, support and take part in all the activities of SRTA; 3) To pay the tax in time; 4) To report to SRTA initiatively, provide related data, report forms; 5) If member has changes in legal person, principal, connecting people, it shall notice the secretariat of SRTA and update data initiatively. Article 12 Any member who wants to quit shall submit quitting letter in written to secretariat. Once the letter is sent, the member has quitted. Members who haven’t paid tax or take part in activities without reasons shall be seemed as quitting already. Article 13 Member who seriously violates national laws, rules of law or regulations of SRTA and is voted by more than two thirds of the councils presented shall be removed from membership and be noticed. Chapter 4 Organization Article 14 General meeting owns the most power in SRTA and has the following authorities: 1) To constitute and modify regulations; 2) To vote and dismiss the council; 3) To deliberate the work report and financial report of the council; 4) To determine and terminate affairs; 5) To discuss related problems referred by the council. Article 15 General Meeting is held once a year and called in and in the charge of the president. More than two thirds of the members shall present the meeting and the resolution shall take effect by pro votes of more than two third of present members. Article 16 General Meeting takes a shift in two years. If any special situation that the shift shall be in advance or delayed, it shall be passed by votes of the council and investigated by the trade responsible unit and authorized by Shanghai Organization Management Bureau. But the delay shall not be over one year. Article 17 SRTA founds the council which is the operation organization of General Meeting. In the closing period of General Meeting, directors of the council shall carry out the daily works, and be responsible for General Meeting. Article 18 Council’s responsibilities; 1) Perform the resolution of General Meeting; 2) Vote and dismiss president, vice-president; 3) Hold General Meeting and do the work report and financial report; 4) Determine the removal the membership; 5) Determine the establishment of branch organizations, deputy organizations and entity organizations; 6) Determine the employment and deposition of the person in charge of the branch organizations, deputy organizations and entity organizations; 7) According the nomination of president, determine the employment and deposition of the choice of secretary-general; 8) According the nomination of secretary-general, determine the employment and deposition of the choice of vice secretary-general; 9) Direct each organization to carry out works; 10) Constitute internal management system; 11) Determine other significant affairs. Article 19 The council shall be held with more than two thirds of the directors present and the resolution shall be passed by pro votes of more than two thirds of present directors. Council shall be held as least once a year and can be held at any moment if necessary. Article 20 President’s and vice president’s qualifications: 1) Have great influence in rental trade; 2) No more than 70 years old; 3) Healthy, can persist normal work; 4) Haven’t committed a crime, not including negligent crime; 5) Shall be capable person. Article 21 Vice president takes a shift of two years. If vice president shall serve for another term, he or she shall be shifted while the president finishes two years’ shift. Article 22 President shall be the legal representative President’s responsibilities: 1) Call in and preside council; 2) Check the fulfillment of resolutions of General Meeting, Councils; 3) Sign important documents as the representative of SRTA; 4) Hold the Routine Council; Article 23 The responsibilities of vice president are to assist president’s daily work and finish the tasks assigned by president. Article 24 The secretariat of SRTA is a daily affair organization of Council. The secretary-general shall preside the secretariat’s work. The qualification of secretary-general sees Article 20. The employees of secretariat shall be full time employee. Human resource distribution system and social security system follow the related regulations of Shanghai Municipal Government. Article 25 The secretary-general shall be responsible for: 1) Presiding the daily work of the secretariat, organizing and carrying out the yearly work plan; 2) Assisting each branch organization, deputy organization and entity organization to carry out works; 3) Nominating the principals of each branch organization, deputy organization and entity organization and handling in the council’s resolution; 4) Determining the employment and resignation of employees of each branch organization, deputy organization and entity organization; 5) Handle with other daily affairs. Chapter 5 Property Management, Using principle Article 26 SRTA is a non-profitable association. Association Fees shall be raised from members and used together so that SRTA follows the principle of frugality, balance, democratic management and collectivity supervision. Article 27 The resource of fees: 1) Tax; 2) Donation; 3) Financial aid gained by holding consigned affairs from Municipal department; 4) Earnings from activities and services in the approved trade range; 5) Interests; 6) Other legal earning. Article 28 SRTA’s fees shall be used for the development of regulated trade range and business, shall not be distributed to members. Article 29 SRTA sets up strict financial management system to make sure the legality, reality, accuracy and integrity of accounting data. Article 30 SRTA is equipped with professional accountants. Accountants shall not be part time cashers. Accountants shall carry out accounting calculation and accounting supervision. Accountants shall deal with the handing over procedure with take-over accountant while being transmitted or dismissed. Article 31 SRTA strictly carry out the national financial management system to properties and accept the supervision of General Meeting and Financial Department. Properties which are allocated by nation or donated, sponsored by society shall be supervised by auditing department and be public to the society in proper ways. Properties of SRTA shall not be owned, divided and embezzled by any unit, individual. Article 32 SRTA employs professional audit firms to audit and do audit report before taking a shift. Chapter 6 the Modification of Regulations Article 33 The modification of the regulations of SRTA shall be passed by votes of the Council. Article 34 After the modified regulations is passed by General Meeting, it shall be checked by Shanghai Organization Bureau in the 30 days of the approval of Shanghai Trade Organization Development and then take effect. Chapter 7 Termination and Procedures and the Property Settlement after termination Article 35 If SRTA shall dismiss for certain reason or logout because of schism, merger, etc, the termination proposal shall be raised by the Council. Article 36 The termination proposal shall be passed by General Meeting’s voting and reported to and approved by Shanghai Trade Organization Development Article 37 Before the termination of SRTA, liquidation team shall be established by the trade responsible unite and related department to liquidate creditor’s rights and debts, deal with problems arising. In the period of liquidation, no other activities shall be held. Article 38 SRTA is terminated when the logout procedure is finished by Shanghai Organization Management Bureau. Article 39 The leaving properties after the termination shall be used to develop related trade affairs with the principle of SRTA under the supervision of trade responsible unit, Shanghai Organization Management Bureau and under the related regulation of the nation. Chapter 8 Supplementary Articles Article 40 This regulation is passed by the 2nd General Meeting, June 13th, 2003, Article 41 The right of interpretation of the regulation belongs to SRTA’s Council. Article 42 This regulation takes effect at the date of approval by Shanghai Organization Management Bureau. |
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