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Articles of Association of Taiwan Enterprise Confederation
 
 
Source: Taiwan Enterprise Confederation Date: 2010-11-07 08:25

 

Note: This Articles of Association is formulated in accordance with the Regulations on the Registration and Administration of Social Organizations and the Interim Measures for the Administration of Taiwan Compatriot Investment Enterprise Association.
       

Articles of Association of the National Association of Taiwan Compatriots Investment Enterprises

Chapter I General Provisions
Article 1 The name of the Association is the National Association of Taiwan Investment Enterprises on the Mainland, which is abbreviated as ATIEM.
Article 2 The Association is a joint non-profit social organization with the main body of Taiwan Compatriots Investment Enterprise Associations (hereinafter referred to as the Association) established with approval in the mainland of the motherland.
Article 3 The purpose of the Association is to serve its members and Taiwan funded enterprises, enhance the friendship among members and the contact between members and government departments, safeguard the legitimate rights and interests of members, promote economic exchanges and cooperation across the Straits, and promote the peaceful development of cross Straits relations.
Article 4 The Association shall abide by the national constitution, laws and regulations, safeguard the national unity, security and national unity, safeguard the national interests, social and public interests and the legitimate rights and interests of its members, and shall not engage in activities inconsistent with the Articles of Association.
Article 5 The Association accepts the business guidance, supervision and administration of the competent business unit, the Taiwan Affairs Office of the State Council, and the civil affairs department, the registration and administration organ of associations.
Article 6 The domicile of the Association is in Beijing.   
 

 

Chapter II Business Scope

Article 7 The main business scope of the Association is:
1. Organize members to carry out fellowship and exchange activities;
2. Communicate the contact between members and the government and relevant departments, reflect the opinions, suggestions and requirements of members and Taiwanese businessmen on production and operation, and safeguard the legitimate rights and interests of members;
3. To provide members with consulting services on relevant national laws, regulations, policies and economic information, promote the development of Taiwan funded enterprises, and promote cross-strait economic exchanges and cooperation;
4. Holding social public welfare activities;
5. We will promote the peaceful development of cross Straits relations.

 

Chapter III Members
Article 8 The membership of the Association shall be mainly unit members and individual members.
Article 9 Conditions for applying for membership of the Association:
1. Support the Articles of Association of the Association;
2. Willing to join the Association;
3. The Taiwan Association approved to be established in mainland China, or a large Taiwan funded enterprise invested in mainland China, or a senior president of the Taiwan Association who has certain prestige among Taiwan businessmen and is enthusiastic about conference work.
Article 10 Procedures for membership:
1. Submit the application for membership;
2. Submit photocopies of the documents of legal registration and registration with relevant departments;
3. Approved by the Standing Council of the Association;
4. Membership cards will be issued by the Association.
Article 11 Members shall enjoy the following rights:
1. The right to vote, stand for election and vote of the Association;
2. Participate in the activities organized by the Association;
3. Obtain relevant services provided by the Association;
4. The right to criticize, suggest and supervise the work of the Association;
5. Ask the Association to help safeguard the legitimate rights and interests of members;
6. Voluntary membership and free withdrawal.
Article 12 Members shall perform the following obligations:
1. Abide by the Articles of Association and implement the resolutions of the Association;
2. To safeguard the legitimate rights and reputation of the Association;
3. Support and participate in various activities organized by the Association and undertake the work assigned by the Association;
4. Pay membership dues on schedule;
5. Provide relevant materials required by the Club;
6. Abide by the national constitution, laws and regulations, and have a good reputation.
Article 13 A member shall submit a written application and return his membership card when he withdraws from the membership. If a member violates the Articles of Association of the Association, damages the reputation and interests of the Association, or refuses to perform the obligations of a member, he/she shall be expelled by the vote of the Standing Council.

 

Chapter IV Selection and Removal of Organizational Structure and Responsible Persons
Article 14 The highest authority of the Association is the General Assembly of Members. The council system is implemented in the association. The current president of the local Taiwan associations that have joined the association as the ex officio representative serves as the council member. The enterprise representatives of large Taiwan funded enterprises investing in mainland China serve as the council member. Some senior presidents of the Taiwan associations serve as the council members in their personal names. The members' congress is composed of all directors and specially invited directors. The functions and powers of the members' congress are:
1. To formulate and amend the Articles of Association of the Association;
2. Elect and remove the President, Chief Supervisor, Executive Vice President, Executive Deputy Chief Supervisor, Vice President, Deputy Chief Supervisor, Secretary General and Executive Director;  
3. Deliberate the work report of the Standing Council;
4. Decide on the termination of the Association;
5. To decide on other major issues of the Commission.
Article 15 The member representative meeting can be convened only when more than two thirds of the directors are present, and its resolution can take effect only when more than half of the directors present at the meeting agree.
Article 16 The members' congress shall have a term of three years. A plenary meeting is held annually. If it is necessary to change the term in advance or postponed due to special circumstances, it shall be voted by the Standing Council. The extension of the term of office shall not exceed one year.
Article 17 The Association shall establish a standing council. The Standing Council, which is the executive body of the General Assembly of Members for three years, leads the Association in its daily work and is responsible to the General Assembly of Members when it is not in session. The Standing Council is composed of the President, Executive Vice President, Vice President, Secretary General and Executive Directors. The presidents of local Taiwan associations who serve as members of the Standing Council shall remain in office during their term of office, and in principle shall not be changed due to the change of the Taiwan Association. The new president of the Taiwan Federation can apply for membership separately, and can be added as a director after being reviewed and approved by the Standing Council.
Article 18 The functions and powers of the Standing Council are:
1. Implement the resolutions of the General Assembly of Members;
2. To prepare for the convening of the General Assembly of Member Representatives;
3. Report work and financial situation to the member congress;
4. Decide on the addition or removal of directors, and approve the directors who need to be changed due to job changes or other reasons;
5. Employ and dismiss honorary president, general consultant and consultant;
6. Decide to establish an office;
7. Decide to establish special committees and working bodies according to work needs;
8. To decide on the main principals of the administrative bodies, special committees and working bodies;
9. If necessary, it can add or remove the leading members of the Association and submit them to the General Assembly for voting;
10. To lead the work of the office of the Association;
11. Formulate annual work plan and internal management system;
12. Decide on other major issues.
Article 19 In principle, the Standing Council shall be convened once every six months. In special circumstances, it may be convened by means of communication. The executive council can be convened only when more than two-thirds of the executive directors are present, and its resolution can take effect only after being approved by more than two-thirds of the executive directors present.
Article 20 The Association shall establish a board of supervisors, elect one chairman of the board of supervisors, and several executive deputy chief supervisors, deputy chief supervisors, and supervisors. In principle, the Board of Supervisors shall be convened once every six months.
The functions and powers of the Board of Supervisors are:
1. Supervise the implementation of the Association's Articles of Association;
2. To supervise the financial revenue and expenditure of the Association;
3. Supervise the implementation of decisions made by the Member Congress, and put forward opinions and suggestions on the implementation of the Member Congress, the Standing Council and various functional departments;
4. Require the president and directors to correct any act that harms the interests of the Association;
5. When necessary, propose to convene the member representative meeting or the standing council.
Article 21 The term of office of the President, Chief Supervisor, Executive Vice President, Executive Deputy Chief Supervisor, Vice President, Deputy Chief Supervisor and Secretary General of the Association is three years. The term of office of the president is generally not more than two terms. If the term of office needs to be extended due to special circumstances, it must be approved by more than two-thirds of the directors present at the members' congress, reported to the competent business unit for review, and approved by the registration and management authority of the association before serving.
Article 22 The President, Chief Supervisor, Executive Vice President, Executive Deputy Chief Supervisor, Vice President, Deputy Chief Supervisor and Secretary General of the Association shall meet the following requirements:
1. Abide by the national constitution, laws and regulations, support national unity, and be willing to make positive efforts to promote cross-strait economic exchanges and cooperation, and promote the peaceful and stable development of cross-strait relations;
2. As a candidate for Taiwan businessmen, their enterprises investing in the mainland should have a certain scale and economic strength;
3. With good personal quality, he has a certain prestige among Taiwanese businessmen;
4. Abide by the rules of the Association, be enthusiastic about serving Taiwan businessmen, and have strong working ability;
5. Healthy, able to work normally, and generally not more than 70 years old;
6. Have full capacity for civil conduct.
Article 23 If the President, the Chief Supervisor, the Executive Vice President, the Executive Deputy Chief Supervisor, the Vice President, the Deputy Chief Supervisor and the Secretary General of the Association exceed the maximum age for holding office, they must be voted by the members' representative meeting, reported to the competent business unit for review, and approved by the society registration authority before taking office.
Article 24 The President is the legal representative of the Association. The legal representative of the Association shall not concurrently serve as the legal representative of other organizations. The President of the Association shall exercise the following functions and powers:
1. Convene and preside over the member representative assembly and the standing council;
2. Check the implementation of the resolutions of the member congress and the standing council;
3. Sign relevant important documents on behalf of the Association;
4. Other important matters.
Article 25 The Secretary General of the Association shall exercise the following functions and powers:
1. Be responsible for organizing the daily work of the Association and implementing the annual work plan;
2. Coordinate the work of the office, special committees and working institutions;
3. To be responsible for the personnel management of administrative offices, special committees and working institutions, and to decide on the employment of full-time staff;
4. Handle other daily affairs.
Article 26 In order to facilitate the contact with the relevant government departments and provide more effective services for members, the Association will hire the relevant responsible persons of the competent business units to take the corresponding leadership positions. The employed personnel will be generated according to the procedures specified in the Association's Articles of Association and will not receive the remuneration of the Association.
Article 27 The Association will not join foreign chambers of commerce or overseas organizations.

 

Chapter V Principles of Asset Management and Use

Article 28 The source of funds of the Association:
1. Membership fees;
2. Legal donation;
3. Government funding;
4. Interest;
5. Other legal income.
Article 29 The Association shall collect membership fees in accordance with relevant national regulations.
Article 30 The funds of the Association shall only be used for the business scope and business development as stipulated in the Articles of Association of the Association.
Article 31 The Association shall establish a strict financial management system to ensure that the accounting materials are legal, true, accurate and complete.
Article 32 The Association shall be staffed with accountants with professional qualifications. The accountant shall not concurrently serve as the cashier. Accountants must conduct accounting and exercise accounting supervision. When an accountant is transferred or leaves his/her job, he/she must go through the handover procedures with the receiver.
Article 33 The asset management of the Association must implement the financial management system stipulated by the state and accept the supervision of the member congress. If the source of assets is government funding or social donation or funding, it must be subject to the supervision of the audit institution, and the relevant information must be disclosed to the public in an appropriate manner.
Article 34 No unit or individual may misappropriate, privately divide or misappropriate the assets of the Association.
Article 35 The salary, insurance and welfare benefits of the full-time staff of the Association shall be subject to the relevant provisions of the State.

 

Chapter VI Procedures for Amendment of the Articles of Association
Article 36 The amendment to the Articles of Association of the Association shall be voted by the Standing Council and submitted to the Member Congress for deliberation.
Article 37 The revised Articles of Association of the Association shall be submitted to the competent business unit for review and approval within 15 days after being approved by the member congress, and shall come into force after being submitted to the registration management authority for approval.

 

Chapter VII Termination Procedures and Property Disposal after Termination
Article 38 If the Association has completed its purpose or dissolved on its own or needs to cancel due to division, merger or other reasons, the Standing Council shall propose a motion for termination, which shall be voted by the members' congress and reported to the competent business unit for review and approval.
Article 39 Before the termination of the Association, a liquidation organization shall be established under the guidance of the competent business unit to clear up claims and debts and deal with the aftermath. During liquidation, no activities other than liquidation shall be carried out.
Article 40 The Association shall be terminated upon the cancellation of registration by the registration authority.
Article 41 The remaining property after the termination of the Association shall be used for the development of undertakings related to the purposes of the Association under the supervision of the competent business unit and the registration and management authority of associations, in accordance with relevant national regulations.

 

Chapter VIII Supplementary Provisions
Article 42 The Articles of Association was adopted by the General Assembly of Members on April 15, 2007.
Article 43 The power of interpretation of the Articles of Association belongs to the Standing Council of the Association.
Article 44 The Articles of Association shall come into force as of the date of approval by the registration authority of the association.
Article 45 Matters not covered in the Articles of Association shall be handled in accordance with relevant national laws, regulations and policies.

 

 

 

 

 

 
Edit: Zhang Qiang       

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