(1) Adhere to the principle of voluntary shareholding, equity equality, fund raising, income sharing, risk bearing and accumulation;
(2) Adhere to independent accounting, operate independently, be responsible for its own profits and losses, and bear civil liability independently with all assets of the enterprise;
(3) Adhere to the combination of distribution according to work and distribution according to shares;
(4) Abide by national laws and regulations and implement the Party's principles and policies. Chapter II Establishment and Organization of Joint-stock Cooperative Enterprises Article 5 The establishment of a joint-stock cooperative enterprise must be examined and approved by the local township (town) people's government, reported to the county (suburb) competent department of township enterprises for approval, registered by the administrative department for industry and commerce, and issued a Business License. Article 6 To declare the establishment of a joint-stock cooperative enterprise, the following materials shall be provided:
(1) an application report;
(2) documents approved by relevant departments;
(3) Articles of association of the joint-stock cooperative enterprise;
(4) the agreement of all parties to the shares;
(5) certificate of share capital or capital verification certificate;
(6) The assets evaluation report of the original township (town) and village collective enterprises needs to be increased. Article 7 The articles of association of a joint-stock cooperative enterprise mainly include.
(1) Name and domicile of the enterprise;
(2) the purpose, business scope and mode of operation of the enterprise;
(3) the total registered capital and the amount of shares per share;
(4) the name of the shareholder, the capital contribution, rights and obligations of Wu He;
(5) financial management system, income distribution and risk bearing;
(6) the form, method of formation, rights and obligations, and rules of procedure of the organization;
(7) Measures and procedures for the division, merger, termination and liquidation of enterprises;
(8) Procedures for amending the Articles of Association and other matters. Article 8 Joint-stock cooperative enterprises implement the system of shareholders' (representatives') meeting, which is the highest authority of the enterprise, and its functions and powers are:
(1) to decide and amend the articles of association of the enterprise;
(2) Elect the board of directors and the board of supervisors, and re-elect and recall the directors and supervisors;
(3) to review and approve the work report of the board of directors, decide on the development direction of the enterprise, the income distribution plan, the merger, division and termination of the enterprise and other major issues. Article 9 The board of directors is the highest decision-making body of joint-stock cooperative enterprises, and is responsible to the shareholders' (representatives') meeting. Its functions and powers are:
(1) to raise and convene the shareholders' (representatives') meeting and implement the resolutions of the shareholders' (representatives') meeting;
(2) Appoint or dismiss the factory director (manager) by recruitment and election, and stipulate their remuneration and treatment;
(3) to examine and approve the annual plan, financial final accounts and major issues in production and operation of the enterprise. Article 1 The board of supervisors is the supervisory body for the production and business activities of joint-stock cooperative enterprises. A supervisor may not concurrently hold the post of director, factory director (manager) and other senior management personnel, and his functions and powers are as follows: (1) to exercise supervision over the board of directors and its members, factory director (manager) and other management personnel;
(2) check the operation and financial management of the enterprise, check the financial accounting report and income distribution plan submitted to the shareholders' meeting, and entrust an accountant and an auditor in the name of the enterprise to help with the re-examination in case of any doubt;
(3) have the right to propose to the board of directors to convene an interim shareholders' meeting to represent the joint-stock cooperative enterprise in negotiating with or suing the directors. Eleventh joint-stock cooperative enterprises to implement the director (manager) responsibility system under the leadership of the board of directors. The factory director (manager) may be concurrently held by the directors, and the factory director (manager) is responsible to the board of directors. He is the legal representative of the joint-stock cooperative enterprise and is fully responsible for the production and operation of the enterprise. Have the right to appoint and dismiss managers and employees below the deputy director, decide on the remuneration and reward methods of the enterprise, and exercise other functions and powers stipulated in the articles of association of the enterprise. Article 12 A small-scale joint-stock cooperative enterprise with few shareholders may directly exercise the functions of the shareholders' meeting, the board of directors and the board of supervisors by the shareholders' meeting, or only have one executive director and one executive supervisor. Chapter III Shares Article 13 Shares of a joint-stock cooperative enterprise can generally be set as collective shares, enterprise shares, legal person shares, individual shares and foreign-funded shares according to their ownership.
collective shares refer to the shares collectively owned by the working people in a township (town) or village (including villagers' groups), and their shares are held by collective economic organizations representing all the working people in the township (town) or village. It mainly includes: assets formed by the investment of township (town) and village collective economic organizations in enterprises and the additional investment and income over the years, indirect investment income, and assets formed by national tax reduction and exemption.
Enterprise shares refer to the assets accumulated by the original township (town) and village collective enterprises before the implementation of the joint-stock cooperative enterprise.
legal person shares refer to shares formed by tangible assets and intangible assets invested by enterprises as legal persons and institutions and social organizations with legal person qualifications.
Individual shares are shares formed by employees of enterprises and individuals in society with capital, objects, technology, labor and patents.
foreign shares refer to shares invested by foreign investors.