Chapter 1 General Provisions
Article 1 The name of the alliance: China Photovoltaic Industry Alliance, the English name is China Photovoltaic Industry Alliance (referred to as Photovoltaic Alliance or CPIA).
Article 2 Nature of the Alliance: The China Photovoltaic Industry Alliance (hereinafter referred to as the "Alliance") is a group of enterprises and institutions that are actively involved in the photovoltaic industry and engaged in the research, development, manufacturing and service of photovoltaic products and applications. It is a non-profit national social organization formed voluntarily by units and related institutions.
The purpose of Article 3 Alliance: abide by laws and regulations, abide by social ethics, implement national guidelines, policies, and plans for the development of the photovoltaic industry, and assist the government in improving the overall technology research and development level and manufacturing level of the industry. Promote the construction of a complete industrial chain and a mature and healthy market in China, and safeguard the legitimate rights and interests of industries and member units.
Article 4 The Alliance accepts industry management and business guidance from the Ministry of Industry and Information Technology and the National Development and Reform Commission.
Article 5: Democratic management shall be implemented within the alliance.
Article 6 The Alliance Headquarters (i.e. the location of the Alliance Secretariat) is located at No. 27 Wanshou Road, Haidian District, Beijing, China.
Chapter 2 Business Scope
Article 7 Alliance’s business scope:
(1) Promote technological, economic, and technological cooperation within the photovoltaic industry and with other industries Cooperate in management, intellectual property and other aspects, coordinate the relationship between alliance members, and establish and improve the photovoltaic industry chain;
(2) Promote the formulation of industry, national or international standards for the photovoltaic industry so that it can It has been widely recognized and promoted in the industry and other related industries, and promoted the establishment and improvement of product certification, quality testing and other systems;
(3) Carry out surveys, collections, statistics, and research on basic industrial data, Report the development status and existing problems of the industry to relevant government departments, reflect the wishes and demands of members, put forward suggestions for industrial development, and provide a basis for the government to formulate relevant industrial policies;
(4) Organize alliance members to promote the photovoltaic market development and create a good industrial environment and public opinion atmosphere;
(5) Build a platform for the photovoltaic industry to share information, train and exchange information, promote the effective use of industrial resources, and carry out external consulting services and talent training and other activities ;
(6) Develop contacts and exchanges with relevant domestic and foreign organizations and enterprises, carry out various forms of international exchanges and cooperation, and safeguard the interests and image of China's photovoltaic industry;
( 7) Organize alliance members to prevent unfair competition in the industry and actively respond to international disputes;
(8) Carry out public welfare undertakings that are beneficial to the development of the photovoltaic industry.
Chapter 3 Members
Article 8: All enterprises, institutions and related institutions that have independent legal personality and are engaged in or preparing to engage in research and development, manufacturing and services in the photovoltaic industry shall recognize this membership. Charter, you can apply to the alliance. After approval, you will become a formal member of the alliance, enjoy the rights of alliance members, and assume the obligations of alliance members.
Article 9 Members are divided into board members (referred to as directors) and non-board members (referred to as members).
(1) Board members:
Alliance sponsors (alliance sponsors refer to enterprises, institutions and related organizations that actively participated in the early activities of the alliance and voluntarily served as sponsors) ) are ex-officio members of the Board of Directors;
Non-board members who recognize this charter can become alliance directors by submitting an application and being nominated by a board member, and in accordance with the provisions of this charter and passed by a resolution of the board of directors. members.
(2) Non-board members:
Recognize this charter, apply to the alliance and be nominated by the board members, and in accordance with the provisions of this charter, the board of directors shall pass the resolution, that is, May become a non-Council member of the Alliance.
Article 10 Members who apply to join the alliance must meet the following conditions:
(1) Apply to become a member of the board of directors:
1. Be a member of the alliance;
2. Have important contributions and influence on the photovoltaic industry;
3. Comply with relevant regulations applicable to board members;
4. By the board of directors The resolution must be approved by more than two-thirds of all council members.
(2) Apply to become a non-board member:
1. Recognize the alliance charter;
2. Have the intention to join the alliance;
3. Support the development of the photovoltaic industry;
4. Comply with the alliance’s intellectual property rights system and other rules and regulations;
5. Resolution by the board of directors and approved by all board members More than one person agrees.
Article 11 To join the alliance, you should go through the following procedures:
(1) Be nominated by the board of directors;
(2) Submit the following written documents to join the alliance Materials:
1. Application to join the alliance;
2. Introduction materials of the applicant and copies of legal person certificates;
3. Photovoltaic industry of the applicant Development plans and work already carried out.
(3) The Alliance Secretariat will review the qualifications of the applicant unit and submit its opinions to the Board of Directors;
(4) The Board of Directors will discuss and make resolutions;
(5) The Alliance Secretariat will issue membership certificates to the applicant units that have received approval and paid relevant fees.
Article 12 Members who want to withdraw from the alliance should go through the following procedures:
(1) Submit a written withdrawal statement to the alliance council and return the membership certificate;
(2) Withdraw from the alliance thirty days from the date of submission of withdrawal statement. After a member withdraws, the paid membership fee will not be refunded.
(3) Anyone who fails to pay membership fees or participate in alliance activities within one year will be deemed to have automatically withdrawn.
Article 13 If a member violates the alliance's charter and other systems or commits acts detrimental to the alliance, and fails to correct his behavior within 60 days after receiving a written warning from the board of directors, he will be expelled. After a member is removed from the membership, the membership dues paid will not be refunded. Members shall not apply to join the Alliance again within two years after being expelled from the Alliance.
Article 14 Members enjoy the following rights:
(1) Non-board members:
1. The right to participate in the alliance meeting and the right to vote, The right to be elected and vote;
2. The right to participate in exchanges, training, international cooperation and other activities organized by the alliance;
3. The right to participate in the activities of various working groups organized by the alliance;
4. The right to obtain relevant technology and other relevant information provided by the alliance;
5. The right to obtain the services provided by the alliance;
6. The right to The alliance puts forward suggestions and motions;
7. The right to apply to become a member of the board of directors;
8. The right to withdraw from the alliance.
(2) Board members:
1. Rights enjoyed by non-board members;
2. Participate in board meetings and enjoy the right to vote and be elected. Right to elect and vote;
3. Priority in obtaining alliance services;
4. Propose to the Secretary-General to convene a temporary meeting of the Alliance General Assembly and a temporary meeting of the Board of Directors;
5. Appoint representatives to participate in the Secretariat;
6. Inquire about the alliance’s financial revenue and expenditure;
7. Have the right to report issues to the Board of Directors and make suggestions and proposals;
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8. The right to withdraw from the council or alliance.
Article 15 Members should fulfill the following obligations:
(1) Non-board members:
1. Abide by the alliance’s charter and rules and regulations, and implement the alliance’s resolution;
2. Actively undertake and cooperate with various tasks entrusted by the alliance;
3. Actively participate in activities organized by the alliance;
4. Maintain the alliance interests and legitimate rights and interests;
5. Pay membership fees in accordance with the regulations of the alliance;
6. Set up a liaison officer to promptly reflect the information of the unit to the alliance and provide members’ information and Changes;
7. Keep the alliance’s business secrets.
(2) Board members:
1. Obligations of non-board members;
2. Participate in board activities on time;
3. Actively complete the tasks assigned by the Board of Directors;
4. Send representatives to participate in the work of the Secretariat at the request of the Secretariat.
Article 16 Affiliates: If a member company owns or can control more than 50% of the equity of its subsidiary, and the subsidiary has the same photovoltaic product business field as its parent company, then the membership of the subsidiary should include within the parent company. The parent company shall vote on behalf of the affiliate at Board meetings, Alliance meetings and working group meetings. Companies associated with member units (other than their affiliates) shall pay their respective dues and shall have an independent vote at meetings. Affiliates may also voluntarily become independent members by paying a membership fee, but voting rights and working group membership of the affiliate shall be delegated to the parent company, unless the Board considers that the affiliate is substantially independent of Parent company and other factors, and approves that the affiliate can exercise its own voting rights in Board meetings, Alliance meetings and working group meetings.
Chapter 4: Creation and Removal of Organizational Structure and Persons in Charge
Article 17 The highest authority of the Alliance is the Alliance Assembly. The Alliance General Assembly is held once a year and is convened by the Alliance Secretary-General. The alliance meeting must be attended by more than two-thirds of the alliance members. Unless otherwise specified, its resolutions must be voted by more than half of the members present to take effect.
When the Alliance General Assembly is not in session, in case of major or emergency situations, upon the proposal of the Board of Directors or more than half of the members, a temporary meeting of the Alliance General Assembly may be held.
The powers of the Alliance General Assembly:
(1) Examine and approve the alliance work policy and development plan made by the Board of Directors;
(2) Listen to and review the Board of Directors work report and financial report;
(3) Approving and amending the alliance charter;
(4) General election of council members;
(5) Decision Termination, liquidation and other matters;
(6) Other major matters that must be decided by the Alliance General Assembly.
Article 18 The Board of Directors is the decision-making body of the Alliance and is responsible to the Alliance General Assembly. The term of board members is three years and can be re-elected. The first board of directors is composed of alliance sponsors.
The council shall establish no more than five co-chairmen and several vice-chairmen, who shall be elected by the council meeting for a term of three years and may be re-elected for no more than two terms. The Co-Chairs and Vice-Chairs are elected among the members of the Council.
Board meetings are held once or twice a year, and the meeting must be attended by more than two-thirds of the board members. Unless otherwise specified, its resolutions must be approved by more than half of the members present to take effect.
When the Board of Directors is not in session, in case of major or emergency situations, an extraordinary meeting of the Board of Directors may be convened upon the proposal of three or more Board members and the consent of more than half of the Board members.
Responsibilities of the Board of Directors:
(1) Implement the resolutions of the Alliance Conference and report its work to the conference;
(2) Prepare and organize the Alliance Conference ;
(3) Adopt a resolution to submit to the Alliance Assembly for review and amendment of the Charter;
(4) Elect the Chairman and Vice-Chairman of the Council and the Alliance;
(5) Decide on the appointment and removal of the Secretary-General, Deputy Secretary-General, and principals of each department of the Alliance Secretariat;
(6) Decide on the appointment and removal of the leaders of each working group;
(7) ) Formulate the annual financial budget and final accounts report;
(8) Review and approve the establishment and changes of the alliance organization, and lead the alliance secretariat and various working groups to carry out their work;
(9) Review Approve relevant proposals submitted by each working group;
(10) Formulate the alliance’s work policy and development plan;
(11) Formulate recommendations and reports to relevant government departments;
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(12) Decide on the recruitment or removal of members, and approve the rewards and punishments of members;
(13) Pass major resolutions such as changes and termination of the alliance to be reviewed by the alliance general meeting;
(14) Explain the alliance charter;
(15) Decide on other major matters of the alliance.
Article 19 The Alliance Secretariat is established under the Board of Directors and is responsible for the daily affairs of the Alliance. The Alliance Secretariat shall have a Secretary-General and several Deputy Secretary-Generals as needed. The term of the Secretary-General and Deputy Secretary-General is three years and may be re-elected for no more than two terms.
The Secretary-General or the Deputy Secretary-General approved by the Board of Directors is the legal representative of the Alliance, responsible to the Alliance General Assembly and the Board of Directors, and presides over the daily work of the Secretariat.
Responsibilities of the Alliance Secretariat:
(1) Implement the resolutions of the Alliance Conference and Council, coordinate and manage the activities of various working groups and members within the Alliance;
(2) Responsible for preparing for the convening of the Alliance General Assembly and Board of Directors meetings;
(3) Drafting the annual financial budget and final accounts report;
(4) Drafting the Alliance’s annual work summary and report ;
(5) Responsible for accepting applications from enterprises to join the alliance and conducting a preliminary review of the qualifications of the applicant entities;
(6) Proposing the removal of illegal members and accepting the withdrawal of members in accordance with the relevant systems of the alliance Application for the alliance;
(7) Responsible for other matters entrusted by the alliance conference and the board of directors.
Article 20 The co-chairman and secretary-general of the Alliance Conference and Council must meet the following conditions:
(1) Adhere to the country’s line, principles, and policies, and have good political quality;
(2) Have a greater influence in the photovoltaic industry;
(3) The maximum working age does not exceed 70 years old;
(4) Good health, Able to carry out their duties normally;
(5) Not subject to criminal punishment.
Article 21 The Alliance can establish several working groups according to development needs, and the relevant rules of the working groups will be determined separately.
Each working group shall have a leader and several deputy leaders. Candidates for the team leader and deputy team leader are recommended by the working group and submitted to the board of directors for review and approval. The term of each team leader and deputy leader is three years and can be re-elected.
Article 22: Each working group shall carry out its work under the unified coordination of the Alliance Council and the Secretary-General.
Meetings of members of each working group are convened by the leader of each group.
Responsibilities of the working group member meeting:
(1) Discuss and decide on the annual work policy and tasks of the working group;
(2) Coordinate the The relationship between member units in the working group promotes technical exchanges and economic cooperation among member units;
(3) Recommend candidates for team leader and deputy team leader;
(4) ) discuss and decide other relevant matters within this working group.
Article 23: Each member unit shall, as required, determine representatives and contact persons corresponding to the relevant working organizations of the alliance in order to strengthen contact and ensure smooth progress of the work.
Chapter 5 Finance and Asset Management
Article 24 The main sources of funds for the alliance:
(1) Member dues paid by member units in accordance with alliance regulations ;
(2) Income from various activities and services organized by the alliance;
(3) Government funding or social donations;
(4) Other legal income.
Article 25 The Alliance shall establish a strict financial management system in accordance with relevant national laws and regulations to ensure that accounting information is legal, accurate and complete.
Article 26 The alliance’s asset management shall implement the financial management system prescribed by the state and shall be subject to the supervision of the alliance conference. If the source of assets is state appropriation or social donation or funding, it must be subject to the supervision of the auditing agency, and the relevant information must be announced to the public in an appropriate manner.
Article 27 The assets of the alliance must be used for the business scope and career development stipulated in this charter, and no unit (including member units) or individual may embezzle, privately distribute or misappropriate them.
Article 28: The Alliance Council entrusts a professional organization to conduct an independent financial audit every year.
Article 29 The wages, insurance, and welfare benefits of the alliance’s full-time staff shall be implemented with reference to the relevant national regulations for public institutions.
Chapter 6 Procedure for Amending the Articles of Association
Article 30: Amendments to the Articles of Association must be approved by more than two-thirds of the Board of Directors and then submitted to the Alliance Assembly for review and approval.
Article 31 The revised Articles of Association must be reported to the Ministry of Industry and Information Technology for filing within 15 days after adoption by the Alliance General Assembly.
Chapter 7 Termination Procedures and Property Disposal after Termination
Article 32 If the alliance completes its purpose or disbands on its own or needs to be canceled due to division, merger, etc., the board of directors File a motion to terminate.
Article 33 The motion to terminate the alliance must be voted upon by the alliance assembly, and must be passed by at least two-thirds of the members before it can take effect.
Article 34 Before the alliance is terminated, a liquidation organization must be established under the leadership of the Board of Directors to clear out claims and debts and deal with the aftermath. During the liquidation period, no activities other than liquidation will be carried out.
Article 35 The remaining property after the termination of the alliance shall be used to develop undertakings related to the purpose of the alliance in accordance with relevant national regulations.
Chapter 8 Supplementary Provisions
Article 36 Any content discussed within the alliance or by the alliance, including the topics and contents of the alliance conference, council meetings, and working group meetings, shall only be discussed in It is public among members. All members must abide by the alliance's confidentiality system.
Article 37 All activities undertaken by the Alliance shall strictly comply with all current laws and regulations. In particular, members should be aware that their companies compete with each other according to certain business rules and that their actions must not violate any existing antitrust laws and regulations. Each alliance member should actively encourage and promote a competitive environment in the photovoltaic industry. Members should confirm that they will not discuss issues related to product costs, product pricing, sales channels, market segmentation or customer placement among competitors. Therefore, each member has the responsibility to provide its representatives participating in the activities of the Alliance with appropriate legal advice and advice on limiting the discussion of important issues related to the objectives and purposes of the Alliance in formal meetings or informal gatherings. Each member shall also be aware that it is free to develop competing technologies and standards and to license the member's patent rights to third parties to enable competing technologies and standards to operate within the scope of the Alliance's charter.
Article 38 Intellectual Property Rights: No member may expressly or implicitly grant or be deemed to have granted to the alliance or other members any patents, copyrights, trademarks, trade secrets or other rights arising from participation in the alliance. Any rights or licenses to other intellectual property rights owned or controlled except as otherwise provided in these Articles.
No member may use the name of another member in any public manner without the express written permission of the other member, but any member may disclose and publicize his/her membership in the Alliance, and the Alliance may also disclose and Disclose the membership of any member unless such member expressly requests in writing that the Alliance not disclose or publicize his or her membership in the Alliance.
Article 39 This Article of Association is not intended to (and should not be understood as) establishing a company, partnership, joint venture, agency relationship or other entity among the members. No member has the right to enter into agreements or assume obligations on behalf of other members or alliances without the written authorization of other members or alliances. Members shall not be liable for liability, loss or damage resulting from the unauthorized actions of other members or the Alliance.
Article 40 This Article of Association shall take effect upon approval by the Alliance General Assembly.
Article 41 The official language of the Alliance is Chinese. Even if this Articles of Association is translated into other languages, the Chinese version shall prevail.
Article 42 The right to interpret this charter belongs to the Alliance Council.