Article 1 The Chinese name of this Association is Guangdong Banking Association (hereinafter referred to as the Association); The English name is Banking Association of Guangdong, abbreviated as BAG.
Article 2 Trade associations are non-profit social organizations registered in the Civil Affairs Department of Guangdong Province, and are industry self-regulatory organizations of Guangdong banking financial institutions. Its members are composed of Guangdong banking financial institutions that are allowed to engage in financial business and voluntarily participate in and abide by the articles of association.
Article 3 The purpose of trade associations is to abide by the national constitution, laws, regulations and economic and financial policies, promote self-discipline management of members, strengthen cooperation and contact among members, safeguard the interests of members, maintain a good financial order, create a level playing field, promote orderly competition among banks, promote the healthy development of the banking industry and improve the service level of the banking industry.
Article 4 Trade unions and their activities shall follow the principles of voluntariness, fairness, impartiality and openness. The activities of trade associations are guided, supervised and managed by China Banking Regulatory Commission, Guangdong Banking Regulatory Bureau (hereinafter referred to as Guangdong Banking Regulatory Bureau) and Guangdong Provincial Civil Affairs Department.
Article 5 The Association shall join the China Banking Association as an associate member.
Article 6 The office address of the trade association is located in Guangzhou.
Chapter II Scope of Business
Article 7 The business scope of trade associations is as follows:
1. On the premise of keeping consistent with national laws and policies, represent and safeguard the rights and interests of members, study and solve or reflect the difficulties and problems faced by members in business development to relevant departments, and put forward suggestions to financial supervision departments to improve financial supervision and improve financial environment.
The second is to urge members to implement national financial laws, regulations and policies, maintain an orderly and fair competition order, negotiate and formulate industry norms and guidelines that members should abide by in business operations, coordinate business management issues in the process of competition and development, and ensure the stable development of the financial industry.
Three. Carry out information exchange between domestic and foreign financial institutions in accordance with relevant national policies and regulations, and extensively collect, sort out and provide relevant economic and financial information to members.
Four, organize members to implement the relevant national economic and financial policies, strengthen mutual cooperation and exchanges, study and solve the suggestions and problems put forward by the financial supervision department or other relevant departments, and maintain communication with the economic and financial circles.
5. Organize the establishment of a joint meeting system to safeguard the bank's creditor's rights, * * * resist the evasion of bank debts by enterprises, and lodge complaints or demands with relevant departments for acts that infringe on the legitimate rights and interests of members.
Six, hold all kinds of financial business seminars, organize professional training and learning, improve the professional quality and management level of financial practitioners.
Seven, to carry out other work and activities in line with the purpose of the guild.
Chapter III Members
Article 8 The members of trade associations are unit members, which are divided into members and associate members, collectively referred to as members 5.
Article 9 A member applying to join a trade association must meet the following conditions:
First, approve the articles of association;
Two, voluntarily join and be willing to bear the rights and obligations of guild members;
3. A banking financial institution established in Guangdong Province that holds a financial license issued by the banking regulatory agency and a business license issued by the administrative department for industry and commerce.
Article 10 Trade associations shall follow the principles of voluntary membership and free withdrawal. Anyone who wants to join the guild as a member must submit a written application to the guild, which will be discussed and approved by the general meeting of members, and a membership card will be issued by the Council or an institution authorized by the Council.
The list of member units and changes are reported to Guangdong Banking Regulatory Bureau and Guangdong Provincial Administration of Civil Organizations for the record.
Article 11 Members shall enjoy the following rights:
1. Members have the right to deliberate, vote, vote and stand for election;
2. Members have the right to state their opinions or suggestions on economic and financial work to trade associations;
3. Members have the right to participate in various activities organized by the guild;
4. Members have the right to put forward opinions and suggestions on the work of trade associations;
5. Members have the right to evaluate the work of the chairman, supervisors and secretary-general of the guild;
6. Members have the right to know the financial revenue and expenditure and business activities of the Association.
Associate members enjoy all other rights except the right to vote as stipulated in Article 1 1 of the Articles of Association.
Article 12 Members must fulfill the following obligations:
1, abide by national laws and regulations and financial policies;
2. Abide by the articles of association of the trade association and the conventions and self-discipline system formulated by the trade association, and implement the resolutions adopted by the trade association;
3, safeguard the legitimate rights and interests and reputation of trade associations;
4. To undertake or assist in completing various tasks assigned by industry associations;
5. Pay the membership fee and annual fee on schedule: members pay the membership fee in the first month; Pay the annual fee for this year within one month after the annual meeting; The standards of membership fees and annual fees shall be appropriately adjusted by the Council according to the actual situation of the association and the requirements of member units.
6. Accept the necessary consultation and investigation of the guild, and the relevant information provided by the guild for its members shall be kept confidential.
Article 13 If a member wants to quit the club, he must submit a written application to the Council three months in advance, pay all the fees payable and return his membership card. His membership will be terminated after the guild issues a notice. If a member unit is ordered by the the State Council Banking Regulatory Authority to suspend business for rectification or revoke its business license, its membership in the trade association will automatically terminate from the date of being ordered to suspend business for rectification or revoke its business license.
Article 14 If a member violates one of the clauses listed in Article 12 of Chapter III of the Articles of Association and refuses to listen after being advised, he shall be given one or more of the following treatment and reported to Guangdong Banking Regulatory Bureau and Guangdong Provincial Administration of Non-governmental Organizations for the record.
According to the resolution of the guild Council:
1. Oral warning;
Second, informed criticism.
The resolution of the Council of the trade association shall be submitted to the general meeting for voting;
1. Suspension of membership rights 1 to 6 months;
Second, cancel the membership.
Members who have been punished above have the right to appeal to the Council or the general meeting, and the Council or the general meeting shall make a final ruling on the appeal.
Chapter IV Establishment and Cancellation of Institutions and Responsible Persons
Article 15 The highest authority of a trade association is the general meeting of members. The functions and powers of the General Assembly are:
1. Formulate and modify the articles of association of trade associations;
2. Deliberating and passing the Chairman, Chairman of the Board of Supervisors and Secretary-General;
3. Elect and recall members of the board of directors and the board of supervisors;
4. Listen to and consider the work reports of the Board of Directors and the Board of Supervisors;
Five, listen to and review the annual financial report and the next annual budget report of the Association;
6. Review and approve the work reports of trade associations;
Seven, review the application for membership; And make a decision on the illegal members;
Eight. To consider and decide on other important matters submitted by the Council.
9. Report the resolutions of the Association to Guangdong Banking Regulatory Bureau.
Article 16 The general meeting of members shall be held once a year, and more than two thirds of the members' representatives shall attend. Its resolutions and decisions must be adopted by more than half of the member representatives.
Article 17 The Council is the executive body of the trade association, leading the trade association to carry out its daily work when the general meeting of members is not in session, and being responsible for the general meeting of members. The Council consists of 13 directors. The guild has a standing council. When the Council is not in session, the Standing Council shall perform its duties.
Five units, including China Industrial and Commercial Bank Guangdong Branch, China Agricultural Bank Guangdong Branch, China Bank Guangdong Branch, China Construction Bank Guangdong Branch and Guangdong Development Bank, were automatically elected as directors and executive directors. The remaining directors and executive directors were elected by secret ballot at the shareholders' meeting.
The Council consists of member directors and non-member directors. Member directors are elected by the general meeting of members. Non-member directors (1 vice president, 1 secretary-general) are recommended by Guangdong Banking Regulatory Bureau and confirmed by the general meeting.
The President, Vice President, Secretary General and other executive directors form the Standing Council.
Eighteenth director appointed by the member units as the main person in charge; If a director leaves his post during his term of office, the new president will automatically take over the post of the original president after the unit to which he belongs notifies the Banking Association.
Article 19 With the authorization of the general meeting of members, the Council of the trade association is responsible for leading the trade association, implementing the resolutions of the trade association and performing the following main duties:
1. hold a general meeting of members;
Second, implement the resolutions of the general assembly;
Three, put forward the draft amendment to the articles of association of the trade association, and submit it to the general assembly for consideration;
Four, put forward the financial budget and final accounts of the association to the general assembly;
Verb (abbreviation of verb) submits the annual work report of the Council to the General Assembly;
6. Preside over the election and recall the chairman and vice chairman;
Seven, to the general assembly to draw the absorption or recall of members;
Eight, study and decide on other major issues authorized by the general assembly of the association.
9. Report the resolutions of the Association to Guangdong Banking Regulatory Bureau.
Article 20 The Board of Directors of the Association shall be responsible for establishing a reporting system for major issues and reporting the important business activities of the Association to Guangdong Banking Regulatory Bureau and Guangzhou Branch of China People's Bank.
Article 21 The board of directors shall have 65,438+0 directors, who shall be held by the heads of Guangdong branches of industry, agriculture, construction and development in turn. 2 vice presidents (the number can be increased appropriately according to the actual situation), of which 65,438+0 vice presidents are recommended by Guangdong Banking Regulatory Bureau, and the remaining 65,438+0 vice presidents are elected by the general meeting by secret ballot. The term of office of the chairman and vice chairman is two years. If the president or vice president leaves his post during his term of office, the new head of the president or vice president's unit will automatically take over. The president is the legal representative of the guild, leading the daily work of the Council and convening and presiding over the meetings of the Council; The vice president assists the president in his work. If the president is unable to attend the board meeting for some reason, he may entrust the vice president to exercise his functions and powers on his behalf.
Article 22 The Board of Supervisors consists of three supervisors (when the number of supervisors increases, the number may be increased according to the actual situation). The term of office of a supervisor is the same as that of a director (two years), and a director may not concurrently serve as a supervisor. The Board of Supervisors has 1 supervisors, who are elected by the general meeting of shareholders by secret ballot.
Article 23 The main responsibilities of the Board of Supervisors are as follows:
First, supervise the financial budget and final accounts of the association;
Two, supervise the business activities of the association;
Third, supervise members to fulfill their membership obligations;
Four, responsible for organizing the investigation of complaints from members;
5. Supervise the work of the Association in accordance with the articles of association.
When the investigation object involves the competent unit, the competent personnel shall withdraw.
Article 24 The Council shall set up a secretariat as a permanent office, which shall be responsible for handling the daily affairs of the Association, accounting the daily financial revenue and expenditure of the Association, and preparing the fund plan, financial budget and final accounts of the Association under the leadership of the chairman. The Secretariat reports the work of the Association to Guangdong Banking Regulatory Bureau every six months.
Article 25 The Secretariat shall have a full-time secretary-general to preside over the daily work of the Secretariat. The Secretary-General is nominated by the chairman of the board of directors and appointed with the approval of the board of directors. Secretariat staff are elected by all members or openly recruited to the public.
Twenty-sixth trade associations set up various professional committees according to the needs of development.
Each professional committee shall have one chairman, one vice-chairman and several members. Convening units and member units are elected by the Council.
The professional committee is a subsidiary of the board of directors of the trade association, which shall implement the articles of association of the trade association and accept the leadership of the board. The annual work plan and financial budget of each professional committee shall be submitted to the Council for approval before implementation.
Article 27 The president, vice-president and secretary-general of a trade association must meet the following conditions:
1. Abide by national laws, regulations and financial policies and have good political quality;
Two, have a college degree or above, at least five years of financial work experience, have a certain understanding of the world economy and international finance and know the international practice of commercial banks.
Third, a more comprehensive understanding of China's economic and financial policies;
Four, healthy, can adhere to the normal work of the staff;
5. No criminal punishment;
6. Have full capacity for civil conduct.
Article 28 The president of a trade association shall exercise the following functions and powers:
1. Convene and preside over board meetings;
Two, check the implementation of the resolutions of the general assembly (or representative assembly) and the Council meeting;
Three. Sign relevant important documents on behalf of the Association;
Four, on behalf of the association to participate in financial exchanges at home and abroad.
Article 29 The Secretary General of the Association shall exercise the following functions and powers:
I. Preside over the daily work of the Secretariat and organize the implementation of the annual work plan;
Second, coordinate the work of various professional committees;
Three. To decide on the employment of full-time staff of the Secretariat and professional committees;
Fourth, deal with other daily affairs.
Thirtieth general meeting of trade associations (or members' congress) is held in the first quarter of each year, and the secretariat shall notify all members of the meeting time, place and main contents in writing one month before the meeting.
Article 31 Upon the application of more than one quarter (including one quarter) of the members, the Council must convene an interim general meeting, and the secretariat shall notify all members of the time, place and main contents of the interim meeting in writing fifteen days in advance.
Article 32 Council meetings shall be held at least once every six months; Special circumstances can also be held by means of communication. An interim meeting of the board of directors may be convened upon the proposal of the chairman of the board or more than two thirds (inclusive) of the directors. The board meeting can only be held when more than two thirds (including two thirds) of the directors are present. Resolutions made shall be adopted by more than half of the members of the Council before they can take effect.
Article 33 If the director is unable to attend the meeting of the Council for some reason, the director unit may authorize another representative to attend in writing.
Article 34 The general meeting of members and the Council shall be presided over by the president; If the president is unable to attend, the vice president shall preside; If neither the president nor the vice president can attend, the board of directors shall elect 65,438+0 executive directors to preside over the meeting. The host should sign the minutes of the meeting.
Thirty-fifth voting requires more than half of the members to pass, and the votes for and against are the same, a second round of debate and voting shall be held until a resolution is reached.
Chapter V Principles of Asset Management and Use
Thirty-sixth sources of funds for the guild:
1. Membership dues paid by members;
Two, due to the needs of the work, the Council proposed that the general meeting of members agreed to charge special fees to members;
Three, the guild's various consulting, training, paid services and other income;
Fourth, donations and subsidies;
5. Other lawful income.
Article 37 The funds of trade associations must be used for the business scope and career development as stipulated in the articles of association. Use of guild funds:
1. Fixed assets and management expenses required by trade associations;
Two. Expenditure on activities or services organized by trade associations;
3. Staff salaries and other expenses;
4. Other expenses related to guild activities.
Article 38 An association shall establish a strict financial management system, abide by the Measures for Financial Management of Associations in Guangdong Province, and ensure the legality, truthfulness, accuracy and completeness of accounting data.
Article 39 Trade associations shall be equipped with accountants with professional qualifications. Accounting personnel shall not concurrently serve as cashiers. Accountants must conduct accounting and exercise accounting supervision. When an accountant transfers his job or leaves his post, he must go through the handover procedures with the recipient.
Fortieth asset management of trade associations must implement the financial management system stipulated by the state and accept the supervision of the general meeting of members and the financial department.
Article 41 No unit or individual may occupy, privately divide or misappropriate the assets of trade associations.
Article 42 Before a trade association changes its legal representative, it must accept the financial audit organized by the registration authority and the competent business unit of the association.
Chapter VI Procedures for Amending the Articles of Association
Forty-third amendments to the articles of association of the guild must be approved by the Council and reported to the general meeting of members for consideration.
Article 44 The revised articles of association of this Association shall come into effect after being adopted by the general meeting of members 15 days and reported to Guangdong Banking Regulatory Bureau for filing and approved by Guangdong Provincial Civil Affairs Department.
Chapter VII Termination Procedure and Property Disposal after Termination
Article 45 Where a trade association needs to be terminated, it must be discussed and approved by the general meeting of members, submitted to the Guangdong Banking Regulatory Bureau for approval, and the board of directors shall be responsible for handling the aftermath. After being audited by a certified public accountant, go through the cancellation procedures at the Civil Affairs Department of Guangdong Province.
Forty-sixth before the termination of the guild, a liquidation organization must be established under the guidance of the competent business unit and relevant departments to clean up the creditor's rights and debts and deal with the aftermath. During the liquidation period, no activities other than liquidation will be carried out.
Forty-seventh trade associations shall be terminated after the cancellation of registration by the association registration authority.
Article 48 The surplus property after the termination of a trade association shall be used for the development of undertakings related to the purpose of the association under the supervision of the Guangdong Banking Regulatory Bureau and the registration authority of the association in accordance with the relevant provisions of the state.
Chapter VIII Supplementary Provisions
Article 49 The articles of association of this Association were revised and adopted at the fourth general meeting in August 2006. The original articles of association shall be abolished at the same time.
Article 50 The Council shall be responsible for the interpretation of these Articles of Association.
Article 51 The Articles of Association shall come into effect after being reported to Guangdong Banking Regulatory Bureau for the record and approved by Guangdong Provincial Civil Affairs Department.