(Adopted at the Third General Meeting of Shareholders on February 26th, 20 10)
Chapter I General Principles
Article 1 Chinese name of this Association: Shanghai Information Service Association English name: Shanghai Information Service Association Article 2 According to the spirit of the Regulations on the Administration of Registration of Social Organizations, this Association is voluntarily composed of information service enterprises and other relevant economic organizations in this Municipality, and is a non-profit industrial social organization legal person with cross-departmental and cross-ownership management.
Article 3 Purpose of the Association: In accordance with the requirements of establishing a socialist market economic system, strictly implement the national guidelines, policies and regulations, and become a bridge between enterprises and the government, enterprises and society.
Efforts will be made to promote the development of national economy and social informatization and provide information services for the government, society and members.
Put forward opinions concerning the collective interests of members on behalf of members, improve the consultation mechanism with the government, safeguard the legitimate rights and interests of members, ensure fair competition in the industry, coordinate the related businesses of members, strengthen the self-discipline management of information service enterprises in this Municipality, and promote the healthy development of information service industry.
Article 4 According to the articles of association of China * * * Producer Party, this Association will establish China * * * Producer Party Organization to carry out party activities.
Article 5 The registration authority of this Association is Shanghai Social Organization Administration, and the competent business unit is Shanghai Economic and Information Technology Commission. This Association is subject to the supervision and management of the registration authority and the competent business unit.
Article 6 The domicile and activity area of the Association: Shanghai.
Chapter II Tasks, Scope of Business and Principles of Activities
Article 7 The main tasks of this Association are:
(1) Organizing industry training, technical consultation, information exchange, exhibition investment promotion and product promotion activities;
(II) Participate in government decision-making argumentation involving industry development, industry reform and industry interests, put forward economic policies and legislative suggestions, attend relevant hearings organized by the government as nonvoting delegates, and accept research reports on topics related to the development of information service industry in this Municipality organized by the government;
(three) to safeguard the legitimate rights and interests of members, and to cultivate and construct a consultation mechanism on behalf of industry enterprises and the government;
(4) Conducting anti-dumping, anti-monopoly and countervailing investigations on behalf of industrial enterprises, or applying to the government for investigation;
(five) according to the articles of association, formulate industry rules and regulations, service standards and quality standards;
(six) authorized by laws and regulations, commissioned by the government, to carry out industry statistics, industry survey, industry information release, public trust certificate, price coordination, industry access qualification audit and other work;
(seven) supervise the member units to operate according to law. For members who violate the articles of association and articles of association, do not meet the quality standards and service norms, harm the legitimate rights and interests of consumers, participate in unfair competition, and damage the collective image of the industry, the industry association may take disciplinary measures such as warning, industry criticism, informed criticism, expulsion of members, and may also suggest that the relevant administrative organs deal with illegal acts of non-member units according to law;
(eight) to coordinate the relationship between members, members and non-members, members and other industry operators, consumers and other social organizations;
(nine) to carry out economic and technological exchanges and cooperation at home and abroad;
(ten) to undertake other functions authorized by laws and regulations, entrusted by the government and stipulated in the articles of association.
Article 8 The business scope of this Association: information intermediary service, industry statistics, research, information release, credibility certification, price coordination, qualification evaluation, domestic and international economic and technological cooperation and exchanges.
Article 9 The principles of the Association's activities are as follows:
(1) The Association shall carry out activities in accordance with the approved articles of association, abide by relevant laws, regulations, rules and policies, observe social ethics, and independently carry out activities in accordance with the code of conduct of enterprise associations;
(two) the activities of the association, honest and trustworthy, fair and just, do not resort to deceit, and do not harm the interests of the state, members and individuals;
(3) The Association will not engage in business activities in its name. To carry out activities in the name of business units, not to compete with enterprises in the industry;
(4) The Association will follow the principle of "holding its own meeting" and strive to achieve self-management, self-employment and self-financing.
Chapter III Members
Article 10 This Association is composed of unit members.
To apply for membership, you must meet the following conditions:
(1) Recognition of the articles of association;
(2) voluntarily joining the Association;
(3) Enterprises in the same industry and other relevant economic organizations and institutions.
Eleventh membership procedures are:
(1) submitting an application for membership;
(2) The Council of this Association authorizes the Secretariat to examine and approve and send it to membership certificate.
Article 12 Members shall enjoy the following rights:
The right to vote, to be elected and to vote;
(two) the right to participate in the activities of this association;
(three) to obtain the priority of our services;
(four) have the right to know, criticize, suggest and supervise the work of this association;
(five) the right to join the club voluntarily and leave the club freely;
(six) the right to protect their legitimate rights and interests from damage to the association;
(seven) other rights stipulated by the FSC.
Article 13 Members shall perform the following obligations:
(1) Abide by the articles of association, rules and resolutions of this Association;
(two) to safeguard the legitimate rights and interests of this association;
(three) to complete the work assigned by the association;
(four) to pay the membership dues on time and according to the standard;
(five) to reflect the situation to this Council and provide relevant information;
(six) actively participate in the activities organized by the association and undertake the matters assigned by the association;
(7) Obeying the coordination of this Association;
(eight) other obligations stipulated by the FSC.
Article 14 A member who withdraws from the club shall notify the club in writing and return his membership card.
If a member fails to fulfill his obligations within two years, it can be regarded as automatic withdrawal.
Article 15 If a member seriously violates the articles of association, he/she shall be removed from the membership after being voted by the Standing Council.
If a member refuses to accept the delisting decision of the Standing Council, he may lodge a complaint, which shall be answered by the Standing Council and submitted to the General Assembly for deliberation when necessary.
Chapter IV Organization and Person in Charge
Article 16 The organizing principle of this Association is democratic centralism. The composition of the leading group and the decision-making on major issues must be decided through collective discussion in accordance with the principle that the minority is subordinate to the majority.
Article 17 The person in charge of this Association refers to the president, executive vice president, vice president and secretary general.
Article 18 The highest authority of this Association is the general meeting of members. The term of office of the General Assembly is four years. If it is necessary to advance or postpone the general election due to special circumstances, the general election shall not be postponed for more than one year. The general meeting of members shall be held once a year, and may be held at any time at the discretion of the board of directors under special circumstances.
The functions and powers of the General Assembly are:
(a) to formulate and amend the articles of association;
(2) Electing and dismissing directors;
(3) Setting the membership fee standard;
(four) to consider the work report and financial report of the Council;
(five) to determine the activities and tasks of each period;
(six) to discuss the relevant issues submitted by the Council;
(seven) to decide on major issues such as the change and termination of its name;
(eight) to decide on other major issues.
Article 19 The general meeting of members shall be attended by more than two thirds of the members, and its resolution shall be valid only if more than half of the members present vote.
The decision to terminate the meeting shall be valid only with the consent of more than half of the actual number of members present.
Article 20 The general meeting of members elects directors to form the Council.
The Council is the executive body of the association and is responsible to the general assembly.
The term of office of the board of directors is four years, and a general meeting of shareholders shall be held at the expiration of the term.
Article 21 The duties of the Council are:
(1) Convening a general meeting of members and submitting work reports and financial reports to the general meeting of members;
(two) to implement the resolutions of the general assembly;
(three) to elect or recall the president, executive vice president and vice president of the association;
(4) Deciding to establish or cancel offices, branches and representative offices, and filing with the registration authority or applying for registration according to law;
(5) To decide on the appointment and removal of the Secretary-General on the nomination of the Chairman;
(six) according to the nomination of the Secretary General, to decide the appointment and removal of the Deputy Secretary General and the principal responsible persons of various institutions;
(seven) to lead the work of various institutions;
(eight) to listen to and consider the work report of the Secretary-General and inspect the work of the Secretary-General;
(nine) to formulate internal management system;
(10) To decide on other major matters.
Article 22 The Council shall convene a meeting at least once a year, and it may be convened at any time under special circumstances. Other directors must be elected by the general meeting of shareholders. Under special circumstances, the board of directors may hold a by-election, but the by-election of directors shall be confirmed by the next general meeting of shareholders.
Article 23 The meeting of the board of directors shall be convened and presided over by the chairman. One third of the directors suggested that a board meeting must be held. If the chairman is unable to convene the meeting, the proposing director may elect the convener. When convening a board meeting, the chairman or convener shall notify all directors five days in advance.
Article 24 The meeting of the board of directors can only be held when more than two thirds of the directors are present, and the resolution of the board of directors can only be valid if it is approved by more than two thirds of the directors present.
Article 25 The Association shall set up a standing council, and the number of the standing directors shall not exceed two thirds of the directors.
When the Council is not in session, the Standing Council shall exercise the functions and powers of Item 2, 4, 5, 6, 8 and 9 of Article 20 of the Articles of Association and be responsible to the Council.
Article 26 The Standing Council shall convene a meeting at least once every six months, and it may be convened at any time under special circumstances. The addition of the Executive Director shall be elected by the Council. Under special circumstances, the Standing Council may hold a by-election, but the executive director of the by-election shall be ratified by the next Council. The executive director of the by-election shall be produced among the directors. The person in charge of this Association shall not be elected or removed by the Standing Council.
Article 27 The executive council shall be convened only when more than two thirds of the executive directors are present, and its resolutions shall take effect only after being voted by more than two thirds of the executive directors present at the meeting.
Article 28 The Board of Directors and the Standing Council of this Association shall vote by secret ballot, and the election of the responsible person shall be by differential election. Minutes of the above-mentioned meetings shall be made, and resolutions shall be made if they form resolutions. The resolutions of the Council and the Standing Council shall be examined and signed by the directors and the standing directors present at the meeting. Members have the right to consult the company's articles of association, rules and regulations, all kinds of meeting minutes and financial accounting reports.
Article 29 The Secretary-General of this Association is the legal representative. The legal representative of this Association shall not concurrently serve as the legal representative of other social organizations. The legal representative of the association has no current public office in state organs and has good personal credit.
Article 30 The person in charge of this Association shall meet the following conditions:
Adhere to the party's line, principles and policies;
(2) It has great influence and high reputation in the business field of the Association;
(three) the highest age is generally not more than 70 years old, healthy, can adhere to the normal work;
(4) Having not been subjected to criminal punishment of deprivation of political rights;
(5) Having full capacity for civil conduct.
Thirty-first, because of the need of work, a person over 70 years old should be the person in charge of this association, and he must be approved by the board of directors, reported to the competent business unit for examination and approval, and approved by the registration authority before taking office.
Article 32 The term of office of the President of this Association is the same as that of the Council, and the term of office shall not exceed two terms. If it is necessary to be re-elected due to special circumstances, it shall be approved by the board of directors, reported to the competent business unit for review, and approved by the registration authority before taking office.
Article 33 The chairman of this Association shall exercise the following functions and powers:
(1) Presiding over the general meeting of members and convening meetings of the Presiding Council and the Standing Council;
(two) to check the implementation of the resolutions of various meetings;
(3) To lead the work of the Council and the Standing Council;
(4) Other functions and powers as stipulated in the articles of association.
Article 34 The Secretary-General is generally full-time.
The Secretary-General works under the leadership of the Chairman. His main responsibilities are:
(a) to preside over the daily work of the office and organize the implementation of the annual work plan;
(2) Coordinating the work of branches and representative offices;
(three) to formulate internal management rules and regulations and report them to the Council for approval;
(four) to propose to the Council the appointment and removal of the Deputy Secretary-General and the heads of various institutions;
(five) report to the chairman and the Council;
(six) to perform the relevant duties of the legal representative of the association and sign important documents on behalf of the association;
(seven) to handle other daily affairs.
Article 35 the secretariat of this association is the daily office of the Council, handling the daily affairs.
Chapter V Management and Use of Property
Article 36 The income of this Association comes from:
(1) membership fees;
(2) Voluntary donations from natural persons, legal persons or other organizations;
(3) government funding;
(4) Income from activities or services provided within the approved business scope;
(5) Value-added income such as interest;
(6) Other lawful income.
Article 37 The property and other income of this Association shall be protected by law, and no unit or individual may occupy, privately divide or misappropriate it.
Article 38 The Association shall collect membership fees according to the membership fee standards adopted by the general meeting.
Article 39 the funds of this association must be used for the business scope and career development as stipulated in the articles of association, and shall not be distributed among members.
Article 40 An association shall implement the Accounting System for Non-profit Organizations, conduct accounting according to law, establish and improve the internal accounting supervision system, and ensure the legality, truthfulness, accuracy and completeness of accounting materials.
Article 41 The assets of this Association belong to the part funded by the government and donated by the society. It shall promptly report the acceptance and use of funds and donations to the competent business unit and the registration authority, and openly accept the supervision of the organizers, donors and the society. If a donation agreement is signed with a sponsor or donor, it must be used in accordance with the purpose, method and time limit agreed in the donation agreement. If the association uses donated property in violation of the donation agreement, the investors and donors have the right to require the association to abide by the donation agreement or apply to the people's court for cancellation of the donation or termination of the donation agreement.
Article 42 This Association shall accept the tax supervision and accounting supervision carried out by the competent tax and accounting departments according to law.
Article 43 This Association shall be equipped with accountants with professional qualifications. Accounting personnel shall not concurrently serve as cashiers. When an accountant transfers his job or leaves his post, he must go through the handover procedures with the recipient.
Article 44 The wages, insurance and welfare benefits of the full-time staff of this Association shall be implemented in accordance with relevant state regulations.
Article 45 The operating fiscal year of this Association is from 65438+ 10/to 65438+February 3 1. Before March 3 1 every year, the board of directors will examine and approve the following matters:
(a) the business report and final accounts of the previous year;
(2) Annual business plan and budget;
(3) list of property.
Article 46 When the Association changes its term of office, legal representative and liquidation, it shall conduct a financial audit and submit it to the registration authority and the competent business unit.
Forty-seventh associations shall accept the annual inspection organized by the registration authority in accordance with the Regulations on the Administration of Registration of Social Organizations.
Chapter VI Termination and Disposal of Surplus Property
Article 48 In any of the following circumstances, the Association shall be terminated:
(a) to complete the purpose stipulated in the articles of association;
(two) unable to continue to engage in public welfare activities in accordance with the purposes stipulated in the articles of association;
(3) Division or merger;
(4) Dissolve by itself.
Article 49 If the Association terminates, the Council or the Standing Council shall propose a termination motion, which shall be submitted to the competent business unit for review within 15 days after being voted by the general meeting of members. Apply to the registration authority for cancellation of registration within 15 days after the approval of the competent business unit.
Article 50 Before the termination of this Association, a liquidation organization shall be established under the guidance of the registration authority and the competent business unit 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.
Article 51 The Association shall be terminated after the registration of social organizations is cancelled by the registration authority.
Article 52 Under the supervision of the competent business unit and the registration authority, the remaining property after the cancellation of this Association will be donated by the registration authority to social public welfare organizations with the same nature and purpose as this Association for public welfare undertakings and announced to the public.
Chapter VII Supplementary Provisions
Article 53 The amendment of the Articles of Association shall be approved by the board of directors and submitted to the shareholders' meeting for deliberation and approval. Within 15 days after the adoption of the general meeting, it shall be submitted to the competent business unit for examination and approval, and shall come into effect after being approved by the registration authority.
Article 54 The Articles of Association was adopted by voting at the first general meeting of the third session on February 26th, 20 10.
Where the provisions of the Articles of Association are inconsistent with the national laws, regulations and policies, the national laws, regulations and policies shall prevail.
Article 55 The right to interpret the Articles of Association belongs to the Council of the Association.
Article 56 The Articles of Association shall come into force as of the date of approval by the registration authority.