Article 1 The name of this Association is Beijing Banking Association (hereinafter referred to as the Association), and the English name is Beijing Banking Association, hereinafter referred to as BBA.
Article 2 This Association is a non-profit social organization legal person approved and registered by Beijing Social Organization Registration Administration.
Article 3 The purpose of the Association is to improve the development environment of Beijing's banking industry, realize the common interests of its members and promote the healthy development of the banking industry.
Article 4 The Association shall perform the functions of self-discipline, rights protection, coordination and service.
Article 5 The Association shall accept the guidance and supervision of Beijing Banking Regulatory Bureau of China Banking Regulatory Commission (hereinafter referred to as Beijing Banking Regulatory Bureau), and accept the supervision, inspection and management of Beijing social organization registration authority.
Article 6 The registered amount of this Association is RMB 200,000.
Chapter II Responsibility
Article 7 The main responsibilities of the Association are:
1. Organize members to sign self-discipline conventions, formulate self-discipline systems and industry agreements, and maintain a fair market environment; Organize the formulation of industry standards and business norms to improve the service level of the industry.
Two. Urge members to implement laws, regulations and policies. The association has the right to report violations of laws and regulations to the financial supervision department and put forward opinions and suggestions.
Third, organize members to formulate rights protection conventions to safeguard the legitimate rights and interests of members; Conduct industry rights protection investigation, promptly give risk warnings to members, and promote members to strengthen creditor's rights maintenance and risk management.
Four, against the legitimate rights and interests of members, to the relevant departments to make complaints or requests.
Fifth, strengthen the links between members and financial supervision departments and other government departments, reflect the wishes and suggestions of members, and communicate the links between members and other industries.
Intransitive verbs strengthen the contact, communication and cooperation among members and coordinate business disputes among members; Organize and promote exchanges and cooperation between domestic and foreign counterparts.
Seven, the establishment of information communication mechanism between members, to provide information services for members; Organize and promote member business training and related investigation and research, and provide consulting services for members; Give play to the overall propaganda function of the industry, popularize financial knowledge and raise public financial awareness; Cultivate a healthy and progressive industry culture.
8. Handling matters entrusted by the financial supervision department;
9. Handle other matters to realize the purpose of the Association.
Chapter III Members
Article 8 All members of this Association are unit members.
Article 9 Members All Chinese-funded and foreign-funded non-bank financial institutions in Beijing and other financial institutions supervised by Beijing Banking Regulatory Bureau (hereinafter referred to as financial institutions) who accept and are willing to abide by the Articles of Association may apply to become members of the Association.
Article 11 Membership procedures:
Financial institutions or representative offices applying to join the Association shall submit the following documents:
(1) Application for membership;
(2) A copy of the legal person license or business license of the financial institution, and a copy of the registration certificate of the resident representative office of a foreign (regional) enterprise submitted by the representative office;
(3) Resume of the legal representative or person in charge, and the representative office shall submit the resume of the general representative or chief representative.
Two, by the Council in accordance with the provisions of the articles of association to make a decision on whether to agree and notify the applicant in writing;
Three, the financial institutions or representative offices applying for membership shall, after receiving the notice of accepting them as members or associate members, pay the membership fees and annual fees according to the time specified in the notice. After the payment procedure is completed, you will become a member or associate member of the Association.
Twelfth members and associate members in any of the following circumstances, their membership is terminated:
First, take the initiative to withdraw from the meeting;
2. Being disqualified from membership and associate membership in violation of the Articles of Association;
3. The legal person qualification or business qualification of members and associate members shall be terminated according to law.
The thirteenth voluntary withdrawal. Members and associate members can withdraw from the association, but they must apply three months in advance, be examined and approved by the Council, and pay the fees payable to the association before going through the formalities of withdrawal.
Article 14 If a member or associate member is punished by the financial supervision department or the administrative department, and his business license or representative qualification is suspended or cancelled, his membership and associate membership will be automatically cancelled.
Fifteenth members and associate members shall terminate their membership, and shall not claim property from the association, and the fees paid shall not be refunded. Members and associate members shall continue to abide by and implement various self-discipline systems, industry agreements and resolutions formulated by the association within six months after terminating their membership.
Article 16 Rights of Members
1. Participate in various activities organized by the Association;
2. Exercise the right of deliberation and voting in accordance with the articles of association, and enjoy the right to vote and stand for election;
Three, exercise the right to speak in the association, state opinions, put forward suggestions and opinions;
Four. According to the relevant provisions of the articles of association, propose to convene a general meeting of members or a meeting of the Council;
5. Ask questions related to the purpose of the association to relevant institutions of the association;
6. Have the right to withdraw from the meeting according to the articles of association;
Seven, when their legitimate rights are violated, they can seek protection and support from the association;
Eight. Enjoy other rights conferred by the articles of association within the association.
Article 17 Obligations of Members
First, abide by the articles of association and various rules and regulations, and implement the resolutions of the association;
Two, care and support the work of the association, participate in the activities of the association, safeguard the legitimate rights and interests and reputation of the association, the main person in charge of the member units should attend the meeting of the association;
3. Pay the membership dues, annual fees and other expenses stipulated by the Association in full and on time;
4. Obey the disciplinary decision given by the association according to the articles of association, and make corresponding improvements;
5. To undertake or assist other members to complete various matters entrusted by the Association;
Six, actively provide the necessary information for the association, answer the association's advice and questions. In case of any change in the legal person, principal responsible person, personnel relationship and mailing address involved in the work of the Association, members shall notify the Secretariat of the Association in writing within five working days.
Article 18 Members shall have the right to deliberate, vote, vote and stand for election as mentioned in the second paragraph of Article 16 of the Articles of Association, and the right to propose to convene a general meeting of members or a meeting of the Council as mentioned in the fourth paragraph. Associate members shall perform all obligations stipulated in Article 17 of the Articles of Association.
Article 19 Punishment:
1. If a member or associate member violates the Articles of Association and the industry self-discipline system, the Association will give one or more of the following penalties depending on the seriousness of the case:
(1) warning;
(2) informed criticism;
(3) Suspension of membership rights 1-6 months;
(4) cancel membership.
Two, to give the first, second and third penalties mentioned in the preceding paragraph, it needs to be decided by the board of directors; When the fourth punishment is given, it must be submitted to the shareholders' meeting for voting.
Chapter IV Organizational Structure
Article 20 The highest authority of the association is the general meeting of members.
Article 21 The general meeting of members shall exercise the following duties:
1. Elect and recall the elected directors and supervisors;
2. Review and approve the financial final accounts report for this year and the financial budget report for the next year proposed by the board of directors;
Three. To examine and approve the work report for this year and the work plan for the next year proposed by the Council;
4. Review and approve the supervisor's report put forward by the board of supervisors;
Five, the examination and approval of the association membership fee and annual fee payment standard;
The intransitive verb decides to amend the articles of association;
Seven, decided to give illegal members and associate members to cancel membership;
Eight, decide the dissolution and termination of the association;
9. Decide on other important matters of the Association.
Article 22 The standing body of the general meeting of members is the board of directors, which consists of 14 member directors and 1 non-member directors. Among the members, there are 7 permanent members and the rest are elected members. The permanent members are appointed by the permanent members, namely China Industrial and Commercial Bank Beijing Branch, China Agricultural Bank Beijing Branch, China Bank Beijing Branch, China Construction Bank Beijing Branch, Bank of Communications Beijing Branch, Bank of Beijing and Beijing Rural Commercial Bank; The elected directors are elected by the shareholders' meeting, including two Chinese-funded commercial banks, three foreign-funded commercial banks and two policy banks and non-bank financial institutions. The term of office of the elected directors is two years, and they may be re-elected, and in principle, the longest term shall not exceed two terms. Non-member directors are recommended by Beijing Banking Regulatory Bureau and must be elected by the general meeting of members.
Article 23 The Council shall perform the following duties:
1. Convene the shareholders' meeting (including the extraordinary shareholders' meeting), report to the shareholders' meeting and implement the resolutions of the shareholders' meeting;
Two, formulate the annual work plan and financial budget;
3. Propose a motion to amend the Articles of Association to the general meeting of members;
Four, review the industry self-discipline, rights protection and other major offers, and put forward suggestions to the general assembly;
5. Deliberating and approving the important rules and regulations formulated by the Secretariat, the establishment of various professional working institutions and internal institutions of the association, and other proposals;
Intransitive verbs approve membership and withdraw from the meeting;
7. Decide on one or three penalties for members and associate members in the relevant penalty clauses, and put forward a proposal to cancel the membership penalty to the general meeting of members;
8. To appoint or dismiss the Secretary-General of the Association;
9. Decide on other matters for which the Council is responsible.
Article 24 The Council shall have a president, a full-time vice-president and several vice-presidents, who shall be elected. The president shall be the president (or chairman) of the permanent member unit in turn, with a term of two years. Full-time vice president is nominated by Beijing Banking Regulatory Bureau and approved by the board of directors, and may be re-elected. The number of vice presidents is decided by the board of directors, nominated by the president and approved by the board of directors. The term of office is two years and can be re-elected. In principle, it shall not be longer than two sessions.
Article 25 The president is the legal representative of the Association, and is responsible for presiding over the general meeting of members and convening and presiding over the meetings of the Council; The president may not concurrently serve as the legal representative of other social organizations. Full-time vice president assists the president to preside over the daily work of the association; The vice president assists the president in his work. If the president is unable to attend the general meeting of members and the meeting of the Council for some reason, he may entrust a full-time vice president or vice president to exercise his functions and powers on his behalf.
Article 26 The Association shall set up a board of supervisors, which shall be responsible to the general meeting of members. The board of supervisors consists of the chairman of the board of supervisors and several supervisors. The supervisor shall be elected by the general meeting of members, with a term of two years, and may be re-elected. A director may not concurrently serve as a supervisor.
Article 27 The Board of Supervisors shall perform the following duties:
1. Elect the chairman of the board of supervisors and attend board meetings as nonvoting delegates;
Two, supervise the financial situation of the association;
3. Entrust the chairman of the board of supervisors to make a supervisor report to the shareholders' meeting;
4. Supervise the acts of the president, vice presidents, directors and the Secretary-General that violate laws, regulations and the Articles of Association when exercising their functions and powers; Have the right to ask the president, vice-president, directors and secretary-general to correct acts that harm the interests of the association;
Five, supervise the members to fulfill their obligations as members, be responsible for organizing the investigation and evidence collection of members' complaints, or entrust the secretariat to handle them;
The intransitive verb proposes to hold an interim Council and an interim general meeting.
Article 28 The president, vice-president, directors and supervisors shall be the legal representatives, principal responsible persons (presidents or general managers) or responsible persons (vice-presidents or deputy general managers) of the president's bank, vice-presidents' bank, directors' bank and supervisors' bank, and shall be reported to the Beijing social organization registration and management authority for the record. If the president, vice-president, directors, supervisors and supervisors leave their posts during their term of office, their units shall notify the new candidates of the Association and take over, and report to the Beijing social organization registration and management authority for the record.
Article 29 Upon the expiration of the term of office of the board of directors and the board of supervisors, a general meeting of members shall be convened for general election. If it is necessary to convene a general meeting of members in advance or postpone due to special circumstances, it shall be voted by the board of directors, reported to the Beijing Banking Regulatory Bureau for review, and approved by the social organization registration authority. The longest extension of the term of office shall not exceed one year.
Article 30 The Council shall have a secretariat, which is the daily office of the Council. The secretariat shall have a secretary-general, who shall be nominated by the president and elected by the board of directors, and shall be reported to the Beijing social organization registration and management authority for the record. The term of office of the Secretary-General is two years and can be re-elected. Under the leadership of the Council, the Secretary-General presides over the daily work of the Secretariat. The secretariat shall have several deputy secretaries-general, who shall be nominated by the secretary-general and appointed with the consent of the full-time vice-president.
Article 31 The president, vice-president, supervisor and secretary-general of a banking association shall meet the following conditions: (1) They shall meet the basic requirements of the social organization registration authority for being the principal responsible person of a social organization; (2) It has great influence and high reputation in the banking industry; (three) engaged in financial work for more than 6 years or other economic work for more than 9 years and held corresponding leadership positions in financial institutions and other relevant units; (four) love the work of the association; (five) the full-time vice president and secretary general shall not be over 65 years old in principle; (6) Other conditions required by the general meeting of members.
Article 32 The Association may set up professional committees, temporary business joint meetings or other institutions according to the needs of work, all of which are subordinate institutions of the Association and under the leadership of the Council. The establishment of a professional committee by the Association shall be reported to the Beijing Municipal Administration of Social Organizations Registration for the record.
Article 33 The Association may, according to the needs of its work, hire consultants and set up advisory committees.
Chapter V Rules of Procedure
Article 34 The general meeting of members shall be held once a year.
Article 35 An interim general meeting of members may be convened upon the proposal of the board of directors, the board of supervisors or more than one third of the members.
Article 36 A general meeting of members shall be held only when more than two thirds of the members are present.
Article 37 The following major issues must be approved by more than two-thirds of the members present at the shareholders' meeting before a resolution can be made:
First, amend the articles of association;
2. Being disqualified from membership and associate membership due to violation of the Articles of Association;
Three. Dissolution and termination of the association.
Article 38 Except for the major matters listed in Article 36, other matters must be approved by more than half of the members present at the shareholders' meeting before a resolution can be made.
Article 39 Council meetings are divided into regular meetings and temporary meetings. Regular meetings are held once every six months, and temporary meetings may be held upon the proposal of the president, vice presidents or more than half of the directors and the board of supervisors.
Article 40 The board meeting shall be attended by more than two thirds of the directors, and the resolution shall be passed by more than two thirds of the directors present at the board meeting.
Article 41 The meeting of the Board of Supervisors shall be held once every six months in principle, and an interim meeting may be held upon the proposal of the supervisor or more than half of the supervisors.
Article 42 The meeting of the board of supervisors shall be attended by more than two thirds of the supervisors, and a resolution shall be made only after it is approved by more than two thirds of the supervisors present at the meeting of the board of supervisors.
Article 43 Beijing Banking Regulatory Bureau, as the competent business department of the Association, may send representatives to attend the general meeting, board meeting and other meetings of the Association as nonvoting delegates.
Chapter VI Asset Management
Article 44 The assets of the Association can only be used to promote various undertakings that are conducive to the realization of the objectives of the Association, and shall not be paid or transferred to the members of the Association directly or indirectly in the form of profits, dividends, etc. (except the wages paid to staff, the remuneration paid to members for providing services to the Association and the rent charged from the office space rented by the Association). The assets of the association shall be managed in accordance with the relevant provisions of the state and the administrative organs of the association and the articles of association of the association, and no unit or individual may occupy them.
Article 45 The main sources of funds of the Association are:
1. Membership dues and annual fees paid by members according to the articles of association;
Two, the association provides consulting, training and other services income;
Third, accept donations and sponsorship from all walks of life;
Four, accept government grants or subsidies from government agencies, and undertake the income entrusted by the relevant government departments;
5. Other lawful income.
Article 46 Payment of membership dues: After receiving the notice that the Council of the Association agrees to accept the financial institution applying to become a member or associate member of the Association, it shall be paid in one lump sum according to the bank account, payment amount and time limit specified in the notice.
Article 47 Payment of annual fee: Members and associate members shall pay the annual fee every year, and members and associate members shall pay the annual fee in one lump sum according to the bank account, payment amount and time limit specified in the written notice of annual membership fee payment.
Forty-eighth in case of major activities outside the annual work plan, special expenses may be temporarily levied or a special activity fund may be established upon the resolution of the Council.
Article 49 The expenses of the Association include:
First, the daily office expenses, staff salaries and benefits needed to maintain the normal operation of the association;
Two, the association held related activities or provide various services for members of the expenditure;
3. Various taxes and fees payable by the Association in terms of industry and commerce, taxation and administration;
Four, the association preparation, termination and dissolution costs;
5. Other expenses required to maintain the normal operation of the Association or according to the Association's articles of association and working systems and rules.
Article 50 Strictly implement the national accounting laws and regulations, establish and improve the accounting system, and prepare the annual budget and final accounts; Establish a financial revenue and expenditure reporting system, regularly report financial revenue and expenditure to the board of supervisors and member congresses, and accept the audit and supervision of members, the board of supervisors and relevant departments.
Article 51 The Board of Directors shall be responsible for formulating the specific systems and rules for the management of the fund income and expenditure of this Association.
Chapter VII Procedures for Amendment and Termination of Articles of Association
Article 52 Procedures for amending the Articles of Association:
First, amend the articles of association, which will be discussed and approved by the board of directors and submitted to the shareholders' meeting for deliberation and approval;
2. The new articles of association deliberated and adopted by the general meeting of members shall come into effect after being reported to the Beijing Municipal Administration for Registration of Social Organizations for change registration.
Article 53 Procedures for termination of the Association:
1. After the members of the association make a resolution on dissolution or termination in accordance with the articles of association, they shall go through the formalities of cancellation of registration with the Beijing social organization registration authority in accordance with relevant laws and regulations.
Second, the board of directors shall determine the candidates for the aftermath of termination, set up a liquidation organization under the guidance of Beijing Banking Regulatory Bureau and relevant bureau, clean up the creditor's rights and debts, and do a good job in the aftermath together with relevant departments.
3. The remaining assets after the liquidation of the Association shall be disposed of in accordance with the relevant provisions on the registration and management of social organizations in Beijing.
Chapter VIII Supplementary Provisions
Article 54 The Articles of Association was passed by voting at the seventh general meeting of shareholders on August 6, 2009.
Article 55 The Council of the Association shall be responsible for the interpretation of these Articles of Association.
Article 56 The Articles of Association shall come into effect after being approved by the Beijing Municipal Administration for Registration of Social Organizations.