31 day .00 session National Peoples Congress standing committees 24 time meeting by in 2006 10 month
In one day formally practice 7 month in 2007
First chapter General Then
First For support, Guides farmer profession cooperations development, Normalize farmer profession cooperations organization and behaviour, Protects farmer profession cooperation and its member s lawful rights and interests, Promote agriculture and village economic development, Enacts this law.
The second Farmer profession cooperation is at village family contract run basis on, Same species farm products production operator or same kind agriculture manufacture run serve s supply person, Take advantage of person, Frees will association, Democratic regulatory help each other sex economic organization.
Farmer profession cooperation as it member give first place to want serve object, Supplies agriculture producer goods purchase, Farm products sale, Elaboration, Transportation, Stores and with agriculture manufacture run relevant technology, Information service.
The third Farmer profession cooperation should follow following principle:
( A) Member as farmer give first place to body;
( Two) As serves member for tenet, Seeks all members common benefit;
( Three) Enter society free will, Quits society liberty;
( Four) Member position equally, Carries out democratic management;
( Five) Has a surplus chief according to member with farmer profession cooperations transaction quantity ( Quantity) Proportion returns.
The fourth Farmer profession cooperation according to this law register, Acquires corporate capacity.
Farmer profession cooperation to by member invest, Accumulation fund, National finance directly subsidiary, Others donates and legal acquire s other asset form s property, Enjoy occupy, Use and punishments right, Ands above mention property to debt bear duty.
The fifth Farmer profession cooperation member as it account in record s investment amount and accumulation fund quotient for limit to farmer profession cooperation bear duty.
The sixth Country protects farmer profession cooperation and its member s lawful rights and interests, Any unit and individual can not offend.
The seventh Farmer profession cooperation engage in manufacture operation activity, Should abide law, Administrative laws and regulation, Abides social ethics, Commerce moral, Honesty faithfulness.
The eighth Country by finance support, Tax preference and finance, Science and technology, Talent s supports and industry policy guide wait for measure, Promotes farmer profession cooperations development.
Country encourage and support society each aspect strength for farmer profession cooperation supply service.
9 County level above all or different levels peoples government should organization agriculture administration director department and other department concerned and relevance organization, According to this law stipulates, As each duty, To farmer profession cooperation s construct and develop grant guidance, Support and service.
The second chapters Establish and register
.00 Establishes farmer profession cooperation, Should possess following condition:
( A) There is five above accords with this law 4, 5 stipulations s member;
( Two) There is accords with this law stipulations rule;
( Three) There is accords with this law stipulations organization agency;
( Four) There is accords with law, Administrative laws and regulation stipulations name and rule affirmative abode;
( Five) There is accords with rule stipulations member invest.
1 Establishes farmer profession cooperation should hold by all establish people join s establish congress. Establishes time free will become this society member s artificial establish people.
Establishes congress exercise following authority:
( A) By this office rule, Rule should by all establish people unanimously pass;
( Two) Elects bring forth presiding officer, Syndic, Executes supervisor or board of supervisors member;
( Three) Considers other significant item.
11 twelves Farmer profession cooperation rule should state clearly in writing following item:
( A) Name and abode;
( Two) Business range;
( Three) Member qualification and enters society, Quit society and expulsion;
( Four) Member s right and duty;
( Five) Organizes agency and its bring forth method, Authority, Term, Rule of procedure;
( Six) Member s invests style, Investment amount;
( Seven) Financial management and apportionment of profit, Loss disposal;
( Eight) Rule amends procedure;
( Nine) Dissolve course and liquidate method;
( Ten) Announces item and issue style;
( National Day) Needs stipulations other item.
3 Establishes farmer profession cooperation, Should to industry and commerce administrative department submit to following file, Applies establish register:
( A) Registers application form;
( Two) All establishes people signature, Seals s establish congress summary of minutes;
( Three) All establishes people signature, Seals s rule;
( Four) Legal spokesman, Syndics s hold a post file and identity prove;
( Five) Invests member signature, Seals s invest bill;
( Six) Abode uses prove;
( Seven) Law, Administrative laws and regulation stipulations other file.
Registers office should since accept and hear a case register apply of day rise 20 days in transact finish, To accords with register conditional applicant issue business licence.
Farmer profession cooperation legal register item change s, Should apply modify registration.
Farmer profession cooperation register method by Department of State stipulation. Transacts register can not take expense.
The third chapters become Member
4 Possesses civil disposing capacitys citizen, And engages in with farmer profession cooperation business direct relevant manufacture run active enterprise, Municipal department or society group, Is able to take advantage of farmer profession cooperation supply s service, Admits and abide farmer profession cooperation rule, Fulfills rule stipulation s enter society procedure s, Can become farmer profession cooperations member. But, Possesses administer public affairs functions unit can not join farmer profession cooperation.
Farmer profession cooperation should make preparations for things needed list of members, And newspaper registers office.
5 In farmer profession cooperations member, Farmer at least should occupy member sum s percent 80.
s below member sum 20 peoples, Can have an enterprise, Municipal department or society group member; Member sum exceeds 20 peoples s, Enterprise, Municipal department and society group member can not exceed member sum s percent five.
6 Farmer profession cooperation member enjoy following right:
( A) Joins member congress, And enjoys right to vote, Suffrage and the right to be elected, According to rule stipulation to this office carries out democratic management;
( Two) Take advantage of this office supply s serve and manufacture run facilities;
( Three) According to rule stipulation or member congress resolution share surplus;
( Four) Consults this offices rule, List of members, Member congress or member congress record, Council sessional resolution, Board of supervisors sessional resolution, Finance accountant report and accounting book;
( Five) Rule stipulations other right.
7 Farmer profession cooperation member congress elect and vote, Carries out a people a ticket make, Member each enjoys a ticket s basic right to vote.
Investment amount or with this office transaction quantity ( Quantity) Compares big member according to rule stipulation, Can enjoy affix right to vote. This office s affixes right to vote general , Can not exceed this office member basic right to vote general s percent 20. Enjoys affix right to votes member and its enjoy some affix vote on weight, Should at each time member congress hold time inform attend meetings member.
Rule can limit affix right to vote exercise s range.
8 Farmer profession cooperation member bear following obligation:
( A) Executes member congress, Member congress and council s resolution;
( Two) According to rule stipulation to this office invests;
( Three) According to rule stipulation with this office proceeds bargain;
( Four) According to rule stipulation bears loss;
( Five) Rule stipulations other obligation.
9 Farmer profession cooperation member request quit society s, Shoulded end s three month front to presiding officer or council bring up at finance year; Among them, Enterprise, Municipal department or society group member quit society, Shoulded end s six month front bring up at finance year; Rule another has stipulation s, From it stipulates. Quits society members member qualification since finance year ending time cutout.
20 Member stop front with farmer profession cooperation already conclude s contract at it qualification, Should continue fulfill; Rule another has stipulation or with this office another have promissory exclusion.
21 Member qualification stops s, Farmer profession cooperation should according to rule stipulation s style and time limit, Hand back record s investment amount and accumulation fund quotient in should member account; To member qualification stops front s can distribute surplus, According to this law 37 the second pair of s stipulation to it returns.
Qualification stops s member should according to rule stipulation share qualification stop front this office s lose and debt.
The fourth chapters Organizes agency
The second twelves Farmer profession cooperation member congress by all member composing, Is this offices organ of authority, Exercises following authority:
( A) Amends rule;
( Two) Elect and remove from office presiding officer, Syndic, Executes supervisor or board of supervisors member;
( Three) Decides significant property disposal, External investment, External guarantee and manufacture operation activity in s other significant item;
( Four) Authorizes year business report, Apportionment of profit scheme, Loses dispose scheme;
( Five) To combination, Schism, Dissolution, Liquidates make resolution;
( Six) Decide engage management personnel and profession microscopist s quantity, Qualification and term;
( Seven) Listens to presiding officer or council about member change situation s report;
( Eight) Rule stipulations other authority.
23 Farmer profession cooperation hold member congress, Attends number should reach member sum three / two above.
Member congress elects or make resolution, Should by this office member right to vote sum half the number by; Makes amend rule or combination, Schism, Dissolves s resolution should by this office member right to vote sum s three / two above by. Rule to votes on weight have compare high stipulation s, From it stipulates.
24 Farmer profession cooperation member congress every year at least hold once, Meeting s calls in by rule stipulation. There is following situation one of the s, Should in hold temporary member congress at 20 days:
( A) Percent 30 above s member proposal;
( Two) Executes supervisor or board of supervisors proposal;
( Three) Rule stipulations other situation.
25 Farmer profession cooperation member exceed 150 peoples s, Can according to rule stipulation establish member congress. Member congress according to rule stipulation can exercise member congress part or all authority.
26 Farmer profession cooperation set up presiding officer a, Can set up council. Presiding officer for this offices legal spokesman.
Farmer profession cooperation can set up execute supervisor or board of supervisors. Presiding officer, Syndic, Manager and finance accounting officer can not hold a concurrent post supervisor.
Presiding officer, Syndic, Executes supervisor or board of supervisors member, By member congress from election bring forth in this office member, According to this law and rule s stipulation exercise authority, To member congress take charge of.
Council meeting, Board of supervisors meetings vote, Carries out a people a ticket.
27 Farmer profession cooperations member congress, Council, Board of supervisors, Should will discuss item s decide have done meeting record, Attends meetings member, Syndic, Supervisor should record on signature at meeting.
28 Farmer profession cooperations presiding officer or council can according to member congress s decide engage manager and finance accounting officer, Presiding officer or syndic can hold a concurrent post manager. Manager according to rule stipulation or council s decide, Can engage other personnel.
Manager according to rule stipulation and presiding officer or council authorization, Takes charge of concrete manufacture operation activity.
29 Farmer profession cooperations presiding officer, Syndic and administer personnel can not have following behaviour:
( A) Break into, Embezzles or privately divide this office asset;
( Two) Contraries to rule stipulation or not member congress agree to, Will be this office fund on loan to others or as this office asset for others supply guarantee;
( Three) Accepts others with this office bargains commission return for Oneself have;
( Four) Engages in damage this office economic benefits other activity.
Presiding officer, Syndic and administer personnel contrary to preceding clause stipulation earning s income, Should return this office all; To this office results in losing, Should bear compensation liability.
30 Farmer profession cooperations presiding officer, Syndic, Manager can not hold a concurrent post business nature same other farmer profession cooperations presiding officer, Syndic, Supervisor, Manager.
31 Executes with farmer profession cooperation business about line of duty s personnel, Can not undertake farmer profession cooperations presiding officer, Syndic, Supervisor, Manager or finance accounting officer.
The fifth chapters financial managements
The third twelves Department of State finance department according to country about law, Administrative laws and regulation, Enacts farmer profession cooperation finance accounting system. Farmer profession cooperation should according to Department of State finance department enact s finance accounting system proceed accountant business accounting.
33 Farmer profession cooperations presiding officer or council should according to rule stipulation, Organizes weave year business report, Apportionment of profit scheme, Loses dispose scheme and finance accountant report, In member congress holds s 15 recentlies, Make preparations for things neededs in work locus, Supplies member consult.
34 Farmer profession cooperation than member s bargain, With takes advantage of it supply s serve s not members bargain, Should difference business accounting.
35 Farmer profession cooperation can according to rule stipulation or member congress resolution from that year surplus in withdraw accumulation fund. Accumulation fund is used for make up loss, Enlarges manufacture run or turn into member invest.
Every year withdraws s accumulation fund according to rule stipulation quantity changes into each member s quotient.
36 Farmer profession cooperation should for each member establish member account, Chief recordation following content:
( A) Should members investment amount;
( Two) Measures changes into should members accumulation fund quotient;
( Three) Should member with this office s transaction quantity ( Quantity) .
37 At makes up loss, Withdrew s that year surplus behind accumulation fund, Is farmer profession cooperation s can distribute surplus.
Cans distribute surplus according to following stipulation return or allot to member, Concrete allots method according to rule stipulation or by member congress resolution ascertain:
( A) Points member with this offices transaction quantity ( Quantity) Proportion returns, Returns gross can not under distributable surplus s percent 60;
( Two) Points antecedent stipulation return behind s remain part, As member account in record s investment amount and accumulation fund quotient, And this office accept national finance direct subsidiary and others donate form s property average quantize go member s quotient, Points proportion allot to this office member.
38 Establishes execute supervisor or board of supervisors farmer profession cooperation, By executes supervisor or board of supervisors take charge of to this office s finance proceed inside audition, Audits result should to member congress report.
Member congress also can entrust audit agency to this offices finance proceed audition.
The sixth chapters combinations, Schism, Dissolve and liquidation
39 Farmer profession cooperation combination, Should since combine resolution make of day rise ten days in announce creditor. Combines eithers financial claim, Debt should by combine behind save continue or new set up s organization descent.
40 Farmer profession cooperation schism, It property do corresponding partition, And should since set respectively resolution make of day rise ten days in announce creditor. Sets respectively front s debt by set respectively behind s organization bear solidarity. But, At sets respectively front with creditor performance of debt reach s written agreement another have promissory exclusion.
41 Farmer profession cooperation because following reason dissolve:
( A) Rule stipulation s dissolves course appear;
( Two) Member congress resolution dissolve;
( Three) Because combines or schism need dissolution;
( Four) Accords to law was suspended business licence or cover cancel.
Because preceding clause first, The second, The fourth reasons dissolve s, Should at dissolve course appear of day rise 15 days in by member congress elect member composing liquidation group, Starts dissolve liquidation. Expires can not compose liquidate group s, Member, Creditor can to court of the people apply appoint member compose liquidate group proceed liquidation, Court of the people should accept and hear a case should application, Ands timely appoint member compose liquidate group proceed liquidation.
The fourth twelves Liquidates group since set up of day rise take over farmer profession cooperation, Takes charge of dispose with liquidate do not finish business, Clean up property and financial claim, Debt, Allots s residual property behind discharge of debt, Stands for farmer profession cooperation participate lawsuit, Arbitrates or other legal procedure, And transact cancellation of registration at liquidation end time.
43 Liquidate group should since set up of day rise ten days in announce farmer profession cooperation member and creditor, And in bulletin on 60 days immanent newspaper. Creditor should since receive announcement of day rise 30 days in, Does not receive announcement s since bulletin of day rise 45 days in, To liquidates group declare financial claim. If all members in prescribed time, Financial claim average per person has already received announcement, Exempts from liquidate groups bulletin obligation.
Creditor declares financial claim, Should illustrate financial claims matter of concern, And supplies prove material. Liquidates group should to financial claim proceed register.
At declares course financial claim, Liquidates group can not to creditor proceed pay off.
44 Farmer profession cooperation because this law 41 first money s reason dissolve, Or court of the people accept and hear a case bankruptcy application time, Can not transact member quit society procedure.
45 Liquidates group take charge of enact include pay off farmer profession cooperate associator good at wage and social security expense, Pay off owe tax and other each item debt, And allots residual property internal s liquidate scheme, By member congress passes or apply court of the people confirm behind practice.
Liquidates group discover farmer profession cooperations property do not discharge of debt s, Should accord to law to court of the people application bankruptcy.
46 Farmer profession cooperation accept national finance direct subsidiary form s property, At dissolve, Goes bankrupt liquidation time, Can not as distributable residual asset allot to member, Disposes method by Department of State stipulation.
47 Liquidates compose member should adhere official responsibility, Accords to law fulfill liquidate obligation, Because intentional or fatal negligence to farmer profession cooperation member and creditor result in losing, Should bear compensation liability.
48 Farmer profession cooperation go bankrupt applied enterprise act of bankruptcy s relevance stipulation. But, Go bankrupt property at pay off go bankrupt expense and altogether benefit behind debt, Should underlying pay off go bankrupt front with farmer member has already took place bargain but not close Qing money.
The seventh chapters supports policy
49 Country support develop agriculture and village economic construct project, Can entrust and arrange conditioned about farmer profession cooperation practice.
50 Center and local finance should difference arrange fund, Supports farmer profession cooperation develop information, Training, Farm products qualify standard and certification, Agriculture manufactures basic establishment construct, Market market and technology popularize service. To nation area, Far from the center area and poor regional farmer profession cooperation and manufacture country with society exact s important farm products s farmer profession cooperation grant underlying support.
51 Country policy financial institution should take multiform, Is farmer profession cooperation supply multi-channel fund support. Concrete supports policy by Department of State stipulation.
Country encourages gyp financial institution take multiform, Is farmer profession cooperation supply finance service.
The fifth twelves Farmer profession cooperation enjoy country stipulation s to agriculture manufacture, Elaboration, Circulation, Serve and other economic activity corresponding tax preference.
Supports farmer profession cooperation developing other tax preference policy, By Department of State stipulation.
The eighth chapters Legal liability
53 Break into, Embezzlement, Temporarily stops, Privatelies divide as other style or offend farmer profession cooperation and its member s lawful property, Unlawfully interferes farmer profession cooperation and its member s manufacture operation activity, To farmer profession cooperation and its member apportion, Forces farmer profession cooperation and its member accept paid service, Results in farmer profession cooperation economy losing, Accords to law inquire legal liability.
54 Farmer profession cooperation to register office supply false register material or take other false pretence acquire register s, By registers office order correct; Plot serious, Cancels register.
55 Farmer profession cooperation at accord to law to about director department supply s financial report wait for material in, Does false recordation or hide important factual, Accords to law inquire legal liability.
9 chapters add Then
56 This law since one day rise implement 7 month in 2007.
Ming Tombs fruit industry association
Reshipment |
