Chapter I General Principles
Article 1 The name of this Association is Shanghai Association of Enterprises with Foreign Investment (hereinafter referred to as the Association).
English name: Shanghai association of foreign investment enterprises, abbreviated as SAEFI.
Article 2 The Association is a non-profit social organization composed of foreign-invested enterprises approved by the Shanghai Municipal Government, overseas Chinese-invested enterprises from Taiwan, Hong Kong and Macao, institutions and scientific research institutions engaged in foreign investment services, institutions engaged in foreign investment business in Shanghai, and other relevant organizations and persons, with independent legal personality.
Article 3 The purpose of the Association is to abide by the Constitution of People's Republic of China (PRC), implement the laws, regulations and policies of the State for opening to the outside world and encouraging foreign investment, strive to serve members and investors, safeguard their legitimate rights and interests, enhance communication among member enterprises, foreign-funded member enterprises and government agencies, reflect the demands of enterprises, interpret government policies, and provide services for improving the business environment and promoting development of enterprises.
Article 4 The work of the Association shall be guided, supervised and managed by the Shanghai Municipal Commission of Commerce and the Shanghai Municipal Administration of Social Organizations.
Article 5 Address of the Association: Room 6 15, Xinhongqiao Building, No.55 Loushanguan Road, Shanghai.
Article 6 The logo of the Association is:
Chapter II Appointment
Article 7 The main tasks of the Association are as follows:
(1) To publicize and implement the laws, regulations, principles and policies of the state and Shanghai on opening to the outside world and utilizing foreign capital, and introduce the investment environment, national economy and social development of Shanghai;
(2) Organizing member enterprises to exchange experiences in operating according to law, strengthening enterprise management, improving economic benefits, improving labor protection, and performing Chinese-foreign cooperation, enhancing the self-protection, self-development and self-restraint mechanism of enterprises, commending advanced enterprises, and promoting member enterprises to fulfill their social responsibilities;
(three) to safeguard the legitimate rights and interests of members and Chinese and foreign investors, investigate and understand the difficulties and problems of members, accept complaints from members, and reflect the opinions and demands of members to the government and relevant departments;
(4) Holding various training courses, lectures, reports, etc. To meet the needs of members and improve the quality and professional level of managers and professionals in member enterprises;
(5) Editing and publishing newsletters, periodicals and information materials, and maintaining and updating websites;
(six) to accept the consultation and agency of members and investors, and to provide information and consulting services for members and investors;
(seven) organize member enterprises to participate in domestic and foreign commodity exhibitions and market research activities to help foreign-invested enterprises expand import and export markets;
(eight) according to the authorization and entrustment of the competent government departments, organize member enterprises to participate in anti-dumping litigation and other matters, and mediate commercial disputes between member enterprises;
(nine) to handle matters entrusted by relevant government departments and members;
(ten) organize various forms of networking activities, strengthen the contact and communication between members and relevant government departments, and enhance the friendship and cooperation between members;
(eleven) to guide the work of the district and county associations of foreign-invested enterprises and strengthen cooperation and services;
(twelve) to carry out horizontal exchanges and cooperation with foreign-funded associations, foreign economic cooperation organizations and related overseas economic groups, and promote the in-depth development of foreign-funded economy.
Chapter III Members
Article 8 The Association shall implement the membership system of enterprises, groups and individuals.
Anyone who acknowledges and abides by the articles of association, participates in the activities of the association and pays the membership fees in full and on time:
(1) Foreign-invested enterprises, overseas Chinese invested enterprises in Taiwan, Hong Kong and Macao, and institutions engaged in investment business and investment services in Shanghai can apply to join the Association and become enterprise members.
(2) Associations of foreign-invested enterprises in all districts and counties may apply to join the association and become group members.
(3) Senior managers of foreign-funded enterprises or organizations who enthusiastically support and participate in the work of the Association may apply to join or be invited as individual members of the Association.
Article 9 To apply for membership in the Association, you should go through the formalities according to the regulations. With the approval of the secretariat authorized by the Council, you can join the Association and issue a membership card.
Article 10 Member rights:
(a) The right to vote, to be elected and to vote;
(2) Enjoy various services provided by the Association;
(three) to supervise the work of the association and put forward opinions and suggestions;
(four) request the association to help safeguard the legitimate rights and interests of its members;
(5) Freedom to join and quit voluntarily.
Article 11 Obligations of members:
(1) Abide by the articles of association and implement the resolutions of the Association;
(2) Pay the membership dues in full and on time;
(three) to support the work of the association and actively participate in various activities organized by the association;
(four) to provide all kinds of statistical data and information needed by the association;
(five) to safeguard the legitimate rights and interests and reputation of the association.
Chapter IV General Meeting of Members and Council
Article 12 The highest authority of the Association is the members' congress. Members' congresses are held every five years. Due to special circumstances, the meeting may be held in advance or postponed upon the decision of the board of directors and the approval of the competent business department and the registration authority of the association.
Member representatives shall actively perform their obligations as members and be elected by members through democratic consultation. The general meeting of members shall exercise the following functions and powers:
(a) to formulate and amend the articles of association;
(2) Electing directors to form the Council;
(3) To examine and approve the work report and financial report of the Council;
(four) to consider other major issues of the association.
Article 13 The term of office of the Council of this Association is five years. When a member congress is convened in advance or postponed, its term of office shall be changed accordingly. Directors may be re-elected. When the Congress is not in session, the Council shall lead the work of the Association and be responsible to the Congress. Its main tasks are:
(a) to implement the resolutions of the members' congress;
(two) to formulate work plans and organize their implementation;
(three) to report the work and financial situation to the members' congress;
(four) to elect the president, vice president, secretary general and executive director of the Standing Council;
(5) Adjusting and supplementing some directors and submitting them to the next member congress for approval;
(six) to decide on other major issues.
The Council meets every two years. If the director is unable to attend the meeting for some reason, he may entrust a representative to attend, and the entrusted representative shall exercise the functions and powers of the director.
Before a resolution is made at the board meeting, more than half of the directors must be present. The resolution of the board meeting shall be valid only if it is approved by more than half of the directors present at the meeting.
When a director is transferred from the member enterprise or unit he represents, he will no longer hold the post of director, and the vacancy will be elected separately.
Article 14 The Standing Council shall lead the work of the Association when the Council is not in session, and shall be responsible to the Council and report on its work. The Standing Council discussed and decided the Deputy Secretary-General of the Association Secretariat. The meeting of the Standing Council is held once or twice a year. Its rules of procedure are the same as those of the Council.
Article 15 The president and vice president of this Association must meet the following conditions:
(1) Being a member of this Association and having great influence in foreign-invested enterprises;
(two) familiar with China's laws, regulations and policies on the use of foreign capital;
(three) actively participate in the leadership of the association;
(4) Being healthy and able to work normally.
Article 16 The president presides over meetings on behalf of the Association, and organizes the implementation of resolutions adopted by the Council and the Standing Council, work plans formulated and other resolutions. When the Standing Council is not in session, the President may convene an office meeting of the President. Attended by the vice president and the secretary general to discuss major issues. The vice president and the secretary general assist the president in his work.
If the president, vice president, secretary-general and executive director need to be adjusted due to work changes, the additional candidates shall be nominated by the president's office meeting and submitted to the Council for confirmation or ratification after approval by the Standing Council.
The chairman is the legal representative of the association. If it is necessary for the vice president to be the legal representative due to special circumstances, it must be approved by the general meeting of members of the Council, agreed by the competent business department and approved by the registration administration department of the association.
Article 17 The Association shall have an office-the Secretariat. The secretariat can set up several offices according to the needs of the work. The secretariat is presided over by the Secretary-General, assisted by several deputy secretaries-general, and is responsible for handling daily work under the leadership of the President or his authorized vice-president.
Article 18 Upon the decision of the board of directors, the Association may nominate an honorary president and employ several consultants.
Chapter V Branches
Article 19 The Association may set up several branches (professional committees and branches) according to the relevant provisions of the state and the needs of work. The establishment of a branch shall be approved by the competent business department and registered in the community management department.
Article 20 A branch is composed of member enterprises with the same professional (banking) industry or related business contacts, and has no legal person status. Its main tasks are:
(a) the implementation of relevant state laws, regulations and industrial policies;
(two) to promote, coordinate and standardize the production and business activities of the member enterprises of this special (line) industry, and strengthen the self-discipline mechanism;
(3) Strengthen business contacts, exchange economic information and provide services to each other;
(four) to listen to and reflect the opinions and requirements of the member enterprises of the specialized (bank) industry, put forward suggestions to the government departments to improve the relevant laws, regulations and industrial policies, and safeguard the legitimate rights and interests of the members of the specialized (bank) industry;
(five) to assist the association in organizing activities, developing members, and urging the payment of membership fees.
Article 21 A branch shall carry out its work under the leadership of the Council of the Association, and may, according to needs, formulate work regulations, which shall be implemented after the approval of the Association.
Article 22 The person in charge of a branch shall be appointed with the approval of the Association through democratic consultation.
Chapter VI Asset Management
Twenty-third sources of funds of the Association:
(1) Membership dues: Members pay membership dues once a year, and the standards of various membership dues shall be formulated separately;
(2) Income from purchasing services from the government;
(3) Funding and donations from domestic and foreign legal persons and natural persons;
(4) Other lawful income.
Twenty-fourth the use of association funds:
(1) Meeting activities of the Association;
(2) Organizing activities attended by members;
(3) the daily expenses of the association.
Twenty-fifth associations should establish a standardized financial management system to ensure the legality, truthfulness, accuracy and completeness of accounting data.
(a) equipped with accounting personnel with accounting qualifications, accounting and accounting supervision;
(2) Financial audit must be conducted before the legal representative changes;
(3) No unit or individual may occupy, privately divide or misappropriate the assets of the Association.
Chapter VII Supplementary Provisions
Twenty-sixth when the relevant government departments request to terminate the activities of the association according to law, or more than half of the members request to terminate the activities of the association, or for other reasons, the president may report to the Council, and after the approval of the members' congress, submit a report on the application for termination of the activities of the association to the original government examination and approval authority. After the approval of the association, it shall, in accordance with the relevant provisions of the state on the termination of social organizations, go through the formalities for cancellation of registration with the association registration administration organ and announce the termination of the association.
Article 27 The right to interpret the Articles of Association belongs to the Council of the Association.
Article 28 The Articles of Association shall come into effect after being discussed and approved by the sixth general meeting of members and approved by the government organizations.