Investors in rural joint-stock cooperative enterprises are called cooperative shareholders. Article 4 Rural joint-stock cooperative enterprises shall implement the following principles:
(a) the combination of labor cooperation and joint capital contribution, and the combination of distribution according to work and dividend distribution according to shares;
(two) the raising and accumulation of funds, the enjoyment of benefits, the bearing of risks and the sharing of shares;
(three) independent management, independent accounting, self financing and democratic management. Article 5 A rural joint-stock cooperative enterprise is an enterprise legal person that enjoys civil rights according to law and bears civil liabilities independently with all its assets. The cooperative shareholders shall be liable for the debts of the enterprise to the extent of their shares. Article 6 Rural joint-stock cooperative enterprises shall enjoy all legal person property rights formed by the investment of cooperative shareholders, and their legitimate rights and interests shall be protected by law. The government, any organization or individual may not interfere with the lawful business activities of rural joint-stock cooperative enterprises, may not transfer or occupy the property of enterprises, and may not require enterprises to undertake obligations other than those stipulated by laws and regulations. Seventh rural joint-stock cooperative enterprises shall not invest in unlimited liability economic organizations. The total investment in other economic organizations shall not exceed 50% of the net assets of the enterprise; After the investment, the capital transferred from the invested economic organization with interest is not included.
The board of directors must decide whether a rural joint-stock cooperative enterprise invests in other economic organizations and provides economic guarantee for cooperative shareholders or others. Eighth rural joint-stock cooperative enterprises enjoy and bear the rights and obligations stipulated by laws and regulations for township collective enterprises, and enjoy the treatment and preferential policies stipulated by the state for township collective enterprises. Ninth rural joint-stock cooperative enterprises must abide by the laws and regulations of the state and accept the management and supervision of the government according to law. Tenth rural joint-stock cooperative enterprises have been approved and registered by the administrative department for industry and commerce according to law. Chapter II Establishment Article 11 The establishment of rural joint-stock cooperative enterprises must adhere to the principle of voluntariness. Twelfth the establishment of rural joint-stock cooperative enterprises can take the form of reconstruction or new construction:
(a) reconstruction means:
1. A joint-stock cooperative enterprise established by converting the original collective enterprise assets of township cooperative economic cooperatives or village economic cooperatives (hereinafter referred to as cooperatives) into shares and absorbing new investment;
2. Sell some of the original collective enterprise assets of cooperatives and convert them into shares according to property rights to attract new investment to establish joint-stock cooperative enterprises;
3 in accordance with the principles stipulated in these regulations, the original cooperative collective enterprises will be reorganized into joint-stock cooperative enterprises by other means.
(2) The new mode means that * * * cooperatives and their members mainly invest and can absorb other investments to set up joint-stock cooperative enterprises. Thirteenth the establishment of rural joint-stock cooperative enterprises (hereinafter referred to as enterprises) shall be initiated by cooperatives. The plan to start an enterprise must be approved by the general meeting of cooperative members or the meeting of members' representatives.
The reconstruction and establishment shall be discussed and approved by the enterprise staff congress or the staff congress in advance; If there is foreign investment, the consent of the investor shall be obtained in advance; The sale of some of the original collective enterprise assets shall be approved by the cooperative members' meeting or the members' representative meeting. Article 14 A cooperative shareholder may purchase shares in cash, in kind, industrial property rights, non-patented technology and land use rights at a fixed price. Cooperative members working in agricultural enterprises can use their labor accumulation as shares.
The amount of shares contributed by industrial property rights and non-patented technologies shall not exceed 20% of the total registered capital of the enterprise, unless otherwise stipulated by the state. Land use rights as shares must be construction land approved according to law.
In addition to currency, if other assets are used as shares, a property right certificate must be issued and the property right transfer formalities must be handled. Fifteenth the definition of property rights of collective assets shall be implemented in accordance with the Regulations of Beijing Municipality on the Administration of Rural Collective Assets. Article 16. If the price is determined by physical objects, industrial property rights, non-patented technologies and land use rights, its assets must be appraised by an institution qualified for asset appraisal. The evaluation results of collective assets shall be confirmed by the general meeting of members or the meeting of members' representatives.
It is forbidden to convert collective assets into shares at low prices and sell them at low prices.
The management department of rural cooperative economy should strengthen the guidance and supervision of collective assets evaluation. Article 17 The registered capital of an enterprise is the total paid-in share capital of cooperative shareholders.
The registered capital of an enterprise shall not be less than RMB 30,000. Article 18 An enterprise shall formulate articles of association. The articles of association of the enterprise shall be discussed and approved by the cooperative shareholders' meeting.
The articles of association of an enterprise shall specify the following items:
(1) The name and domicile of the enterprise;
(2) The purpose and business scope of the enterprise;
(3) The mode of establishment of the enterprise;
(4) Rights and obligations of cooperative shareholders;
(five) the registered capital of the enterprise, the types of shares, the total amount of all kinds of shares and the amount of each share;
(6) Measures for income distribution and loss sharing;
(seven) the organization of the enterprise and its mode of production, authority and rules of procedure;
(8) The legal representative of the enterprise;
(9) Conditions and procedures for the termination of the enterprise;
(10) Procedures for amending the Articles of Association;
(eleven) the date of establishment of the articles of association;
(twelve) other matters stipulated by laws and regulations.