BEIJING LEASING
ASSOCIATION REGULATIONS
September
28th 2000
Chapter 1 General rules
Art.1 This Association is named as BEIJING LEASING ASSOCIATION
(BLA) (hereinafter referred to as the Association).
Art 2 BLA is a leasing enterprise located in Beijing.
It was established upon the initiative of enterprises, institutions and
individuals of the leasing industry. BLA is an important part of the market
economic system, which is a non-profitable public organization registered
and upon approval from Beijing municipal public organization administrative
office.
Art.3 BLA purpose: it is a self-management industrial
association based on the requirement of building socialist market economic
system, in accordance with the state constitution, laws and regulations
and policies, in compliance with social morality, which, different from
existing associations in our country,BLA plays a role of bridge and link
role between leasing enterprises and the government. It aims at reflecting
and studying new circumstances and in issues during the management of
the leasing industry, serving for members and the government, maintain
membership legal rights and interests,so as to enhance the self-management
of enterprises of the trade, accelerate economic communications and cooperation,
as well as promote the healthy development of the leasing industry.
Art.4 BLA is under the direction
and supervision from the Commercial Commission of Beijing People's Government
and Beijing Public Organization Administrative Office.
Chapter 2 Scope of Business
Art.5 BLA Scope of Business:
(I) BLA collects and sorts out the industrial
basic materials; makes investigations on industrial developing strategy,
systematic reform, technical progress and other information.
(II) It maintains the legal rights and interests and basic benefits of
all enterprises of the trade; reports the integral benefits and requirements
of the trade to the authoritative institution and relevant government
departments via various means.
(III) It negotiates the cooperative relations between BLA and other enterprises
of the trade; mediates economic disputes between members.
(IV) It develops and accelerates communications and horizontal relations
between domestic and overseas industrial organizations; organizes and
assists member units to develop internal and international business association
and cooperation of the same trade.
(V)It collects and sorts out various information and materials concerning
the leasing industry; conveys information to the whole-people units; develops
various consultative services and analyzes the industrial trends, releases
the industrial information in a regular period; directs the management
activities of leasing enterprises.
(VI) It provides professional knowledge and technical training to member units through various channels and means; accelerates all the enterprises of the trade to strictly comply with the state laws, regulations and policies to help enterprises perform normalizing management.
(VII) It undertakes other works entrusted by Beijing municipal government
and accepts relevant tasks entrusted by the members. BLA Scope of business:
leasing agency training, credit investigation, information service, exhibition
and show, project consultation and management service.
Chapter 3 Membership
Art.6 BLA admits enterprises
that are dealing in leasing management, and circulation enterprises, production
enterprises, scientific research institutes, colleges and universities
that have connections with the leasing industry and located in Beijing
as organization members; admits experts and scholars who study on the
leasing industry, and big businessmen and top-notch professionals as individual
members.
Art.7 Any organization and individual who apply to join BLA and
become an organization member or individual member must satisfy the following
conditions:
(1)Any organization member and individual member
who join the Association must support BLA Regulations;
(2)Any organization member and individual member who join the Association
shall have the willing to join BLA;
(3)Any organization member and individual member who join the Association
shall have a certain influence in the management circle of the leasing
industry;
Art.8 Procedure of a member
joining BLA
(1)Any qualified unit and individual apply to join
BLA shall submit a written application;
(2)Any applicant will become a normal member after the discussion and
approval of the board of directors.
(3)The applicant will be conferred a membership certificate by the Board
of Directors or an institution appointed by the Board of Directors upon
passing-through of discussion and approval;
Art.9 The members can enjoy
the following rights:
(1)BLA members have the rights of vote, being voted and decision for BLA personnel appointments and removals and major events;
(2)The members have rights to join activities held by BLA;
(3)The members have the preference to enjoy services provided by BLA;
(4)The members have rights of criticizing, suggesting and supervising on the work of BLA;
(5)The members have the freedom to join or quit the Association;
(6)The members can enjoy other rights as provided by BLA.
Art.10 The members shall
fulfill the following obligations:
(1)Execute every piece of resolution passed by BLA;
(2)Maintain the legal rights, interests and reputation of the Association;
(3)Fulfill the work arranged by the Association;
(4)Pay the membership dues according to stipulation;
(5)Report on the situations to the Association and provide with relative materials;
(6)Other obligations as provided by BLA.
Art.11 Any member who is
to quit BLA shall return the Membership Certificate. Any member who has
not pay the membership dues for one year or join the activities organized
by BLA will be regarded as automatically quit the Association.
Art.12 For any member who has severely violated BLA Regulations,
whose name will be removed from the member list upon agreement by the
Board of Directors or the Board of Managing Directors.
Chapter 4 Organizational Structure
Art.13 BLA supreme authority
is the Membership Representative Conference whose major responsibilities
are:
(I) Draw up and modify the Regulations;
(II) Elect and recall directors and supervisors;
(III) Discuss working reports and financial reports of the Board of Directors
and supervisory council;
(IV) Make decisions on any change and termination of major issues of the
Association;
(V) Make decisions on other important issues.
Art.14 The Membership Representative
Conference must be held with the attendance of more than 2/3 member representatives.
Any decision during the meeting shall go into effect upon it is voted
through by more than half members attending the meeting.
Art.15 The Membership Representative
Conference is in a three-year term. If it is needed to be held before
or defer to the due date under a special condition, it must be voted through
by the Board of Directors and reported to the business competent unit
for examination, and the municipal public organization administrative
office for approval. However, the deference of end-of-term shall not be
more than one term.
Art.16 The Board of Directors
is the executive institute of BLA Membership Representative Conference.
When the Membership Representative Conference is not in session, it is
responsible for leading the daily affairs of the Association and is responsible
for the Membership Representative Conference.
Art.17 The Board of Directors
have the following responsibilities:
(I) Execute decisions of the Membership Representative
Conference;
(II) Elect and recall president, vice president and secretary-general
of BLA;
(III) Prepare for holding the membership representative conference;
(IV) Report work and financial status to the Membership Representative
Conference;
(V) Decide on the admission or removal of membership;
(VI) Decide on the establishment of any BLA agency, branch, representative
office and entity;
(VII) Decide on the appointment and removal of deputy secretary-general,
directors of offices subordinate to BLA;
(VIII) Lead BLA offices to develop work;
(IX) Draw up the internal management system;
(X) Accept the suggestions on disposal of problems concerning violating
discipline made by the supervisory council; put forward solving methods
and subject to the supervision;
(XI) Decide on other major issues.
Art.18 The meeting of the
Board of Directors shall be held with the attendance of more than 2/3
directors. Any decision during the meeting shall go into effect upon it
is voted through by more than half of directors attending the meeting.
Art.19 The Board of Directors
shall be held at least once per year. Under special conditions, which
can also be held by means of communications.
Art.20 This Association
sets up the Board of Managing Directors, which is elected by the Board
of Directors. The Board of Managing Directors exerts the functions and
powers of Article 7 Part 1, 3, 5, 6, 7, 8 & 9 of the Regulations when
the Board of Directors is not in session and is responsible for the Board
of Directors.
Art.21 The meeting of the
Board of Managing Directors shall be held with the attendance of more
than 2/3 managing directors. Any decision during the meeting shall go
into effect upon it is voted through by more than half managing directors
attending the meeting.
Art.22 The Board of Managing
Directors shall be held at least once in half of a year. Under special
conditions, it can be also held by means of communications.
Art.23 President, vice president,
secretary-general of BLA must satisfy the following conditions:
(I) Adhere to the guideline and policy of the Communist
Party of China and of good political caliber;
(II) Have rather an important influence in the business domain of BLA;
(III) The age of president, vice president and secretary-general shall
not be over 70; the secretary-general shall be a full-time position.
(IV) Be healthy and able to stick to normal work;
(V) Have not be sentenced to any punishment of deprivation of political
rights;
(VI) Have complete civil behavior ability.
Art.24 The legal representative
of BLA is president, who cannot hold a concurrent position of the legal
representative of any other organization during the term of president;
the term of president shall not be more than two sessions.
Art.25 BLA president shall
exert the following functions and powers:
(I) Convene and preside the meeting of the
Board of Managing Directors;
(II) Examine the implementation of decisions of the Membership Representative
Conference and the meeting of the Board of Managing Directors;
(III) On behalf of BLA; sign on important documents concerning the work
of BLA.
Art.26 BLA secretary-general
shall exert the following functions and powers:
(I) Deal with daily affairs in BLA offices;
organize and implement the annual working plan;
(II) Coordinate the works of BLA branches, representative offices and
entities;
(III) Nominate deputy secretary-general and directors of BLA agencies,
branches, representative offices and entities; Report to the Board of
Directors or the Board of Managing Directors for decision making;
(IV) Decide on the engagement of full-time personnel of agencies, representative
offices and entities;
(V) Deal with other daily affairs.
Art.27 Supervisory Council
BLA sets up the Supervisory Council, which consists of 3 persons who are
elected by the Membership Representative Conference and are responsible
directly for the Membership Representative Conference with major functions
and powers including:
(I) Elect Supervisor-general;
(II) Attend the Board of Managing Directors;
(III) Supervise BLA and direct BLA members to develop activities in accordance
with the "Public Organization Registration Management Rules" and relative
laws and regulations;
(IV) Supervise BLA and direct BLA members to develop activities in accordance
with BLA authorized regulations, scope of business and internal management
system;
(V) Supervise BLA member free of any behavior of violating BLA discipline
or impairing BLA reputation;
(VI) Supervise the financial status of the organization;
(VII) Make some suggestion on any behavior of violating law or discipline
of BLA; report it to the Board of Managing Directors and supervise the
implementation;
t
Chapter 5 Fund Managemen
Art.28 The sources of BLA
funds:
(I) Membership dues;
(II) Appropriations and financial aids from the government and relative
departments;
(III) Donations from BLA members, domestic and overseas organizations
and individuals;
(IV) Revenues of activities or services within the authorized scope of
business;
(V) Interests;
(VI) Other legal revenues.
Art.29 BLA shall collect
the membership dues in accordance with the state's relevant stipulations.
Art.30 BLA funds must be
used within the scope of business as provided by these Regulations and
for the development of undertakings and shall not be distributed among
the members.
Art.31 The income and expenditure
of BLA funds shall be managed by specific personnel appointed by BLA,
who shall strictly implement the stipulations concerning the state financial
accounting, establish and perfect the financial accounting system, make
the annual fund budget and final accounts, ensure the legality, truthfulness,
accuracy and integrality of the accounting materials.
Art.32 BLA is provided with
professional qualified accountants. Any accountant cannot hold the position
of cashier concurrently. The accountants must conduct accounting check
and implement accounting supervision. When the accountants are shifted
to another position or dismissed, they must handle the delivery procedures
with the takeover personnel.
Art.33 BLA fund management
shall strictly implement the state stipulated financial management and
subject to the supervision from the Membership Representative Conference
and the financing department. If the fund source belongs to the state
appropriation or social donation, it must subject to the supervision of
auditing authority, the information concerning which shall be released
to the public in a proper way.
Art.34 Before the replacement
of BLA or changing of BLA legal representative, it must subject to the
financial audit from the public organization registration authority and
the business competent unit.
Art.35 BLA funds shall not be embezzled and pocketed
by any unit and individual.
Art.36 The salaries, insurance and welfare of BLA full-time
personnel shall be implemented with reference to the stipulations of the
institutions.
Chapter 6 Procedure of Termination
Art.37 When BLA is to be
nullified the registration by reason of fulfillment of purpose, self-dismissal,
and separation or mergence, the Board of Managing Directors shall put
forward a terminating motion.
Art.38 BLA termination motion
must be voted through by the Membership Representative Conference and
reported to the business competent department for examination and approval.
Art.39 Before the termination
of BLA, it must establish the clearing organization under the direction
of the business competent unit and relative authority to check up the
creditor's rights and debts, and handle the follow-up problems together
with relative departments. During the clearing period, it shall not develop
any activity other than the check-ups.
Art.40 After BLA handles
the formality to nullify the registration in the municipal public organization
administrative office according to law, it shall be regarded as termination.
Art.41 After termination,
the surplus property of BLA shall be used for developing undertakings
relating to the BLA purpose under the supervision of the business competent
unit and the municipal public organization administrative office in accordance
with relative stipulations of the state.
Chapter 7 Supplementary Rules
Art. 42 These Regulations
have been voted through by the first session Membership Representative
Conference on July 18 2002.
Art.43 The interpreting
right of these Regulations belongs to the Board of Directors of this Association.
Art.44 These Regulations
should go into effect since the date of approval from the public organization
administrative office.
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