Article 1 The name of this Association is ChinaFuture Association (hereinafter referred to as Association), and the English name is China Future Association, hereinafter referred to as CFA.
Article 2 The Association is a national self-regulatory organization of the futures industry established in accordance with the Regulations on the Administration of Registration of Social Organizations and the Regulations on the Administration of Futures Trading, and it is a non-profit social organization as a legal person.
Article 3 The purpose of the Association is to conduct self-discipline management of the futures industry on the premise of centralized and unified supervision and management of the futures industry by the state. Give play to the role of the bridge and link between the government and the futures industry, serve members and safeguard their legitimate rights and interests; Adhere to the openness, fairness and justice of the futures market, maintain the legal competition order of the futures industry, protect the legitimate rights and interests of investors, and promote the standardized development of the futures market.
Article 4 The Association accepts the business guidance, supervision and management of the competent business unit China Securities Regulatory Commission (hereinafter referred to as China Securities Regulatory Commission), the organization registration authority and the Ministry of Civil Affairs of the People's Republic of China (hereinafter referred to as the Ministry of Civil Affairs).
Article 5 The domicile of this Association is located in Beijing.
Chapter II Responsibility
Article 6 Educate and organize members and futures practitioners to abide by futures laws, regulations and policies.
Article 7 To formulate and implement self-discipline rules of the industry, supervise and inspect the behaviors of members and futures practitioners, and give disciplinary sanctions to members and futures practitioners who violate the articles of association and self-discipline rules.
Article 8 Organize the integrity construction of the futures industry, establish and improve the industry integrity evaluation system and incentive and restraint mechanism, and carry out integrity supervision.
Article 9 Be responsible for the identification, management and revocation of futures practitioners' qualifications, and organize futures practitioners' qualification examinations, futures company senior management qualification examinations and other professional qualification examinations authorized by laws, regulations and regulatory documents of China Securities Regulatory Commission.
Article 10 Formulate the code of conduct and business norms of the futures industry, participate in the credit rating of the industry, and participate in the formulation of futures-related industries and technical standards.
Eleventh to carry out investor protection education, and urge members to strengthen the protection of the legitimate rights and interests of investors in futures and derivatives markets.
Article 12 Accept complaints from investors about futures business and mediate disputes among members and between members and investors.
Thirteenth to serve members, safeguard the legitimate rights and interests of members in accordance with the law, and actively reflect the problems, suggestions and requirements of members in their business activities to the China Securities Regulatory Commission and relevant state departments.
Article 14 Formulate and implement the development strategy of futures talents, strengthen the construction of talents in the futures industry, and provide continuing education and business training for futures practitioners.
Article 15 A special fund shall be set up to provide financial support for talent training, investor education or other specific undertakings in the futures industry.
Sixteenth to carry out industry information security and technical self-discipline management, improve industry information security and technical level.
Article 17 Collect and sort out futures-related information, carry out business exchanges among members, organize members to study the development of futures industry, put forward suggestions on relevant policies, laws and regulations, and promote business innovation.
Eighteenth to strengthen communication and contact with the news media, to carry out futures market publicity, to approve the recognition or reward of members and practitioners who have made outstanding contributions in the industry, and to organize business competitions and cultural activities.
Article 19 Carry out international exchanges and cooperation in the futures industry, join international organizations, promote mutual recognition of relevant qualifications, and self-regulate foreign-related futures business.
Twentieth other duties stipulated by laws and regulations, entrusted by the China Securities Regulatory Commission and decided by the general meeting.
Chapter III Members
Article 21 A member of an association shall meet the following conditions:
(1) Supporting Articles of Association;
(2) It is registered in China;
(3) Abide by laws and regulations and engage in futures and derivatives business or related activities;
(4) Other conditions required by the Association.
Article 22 The members of the Association are composed of ordinary members, special members and associate members.
Ordinary members refer to futures institutions engaged in futures and derivatives business approved by the China Securities Regulatory Commission or established according to law.
Special members refer to futures trading places, futures margin depository monitoring institutions and other derivatives trading institutions approved by the China Securities Regulatory Commission to organize futures trading activities.
Associate members refer to social organizations, legal persons, futures service institutions and other institutions engaged in futures and other derivatives business or related activities established with the approval of local civil affairs departments.
Twenty-third institutions stipulated in the second paragraph of article twenty-second shall join the association; The institutions specified in the third and fourth paragraphs of article 22 may join the association with the approval of the association.
Twenty-fourth members to join the registration system, members to apply for membership of the association, should be registered in accordance with the requirements of the association.
Twenty-fifth members shall have representatives, who shall be the legal representative of the unit, the principal responsible person or the senior management personnel authorized by them to perform the duties of members on behalf of the unit.
Representatives of member replacement shall report to the Association in writing.
Article 26 Rights of members:
(a) Ordinary members and special members have the right to vote, to be elected and to vote;
(two) have the right to ask the association to safeguard their legitimate rights and interests from infringement;
(three) have the right to reflect opinions and suggestions to the relevant departments through the association;
(four) the right to participate in the activities organized by the association and obtain the services of the association;
(five) have the right to criticize, suggest and supervise the work of the association;
(six) have the right to hearing and appeal against the disciplinary action given by the association;
(seven) other rights added by the resolution of the general meeting of members.
Article 27 Obligations of members:
(1) Abide by the articles of association and other self-discipline rules;
(2) Implementing the resolutions of the Association;
(3) Paying membership fees according to regulations;
(four) to support the work of the association and safeguard the interests of the industry;
(five) to participate in various activities organized by the association;
(six) to reflect the situation to the association in accordance with the provisions of the association, and provide data and other information related to futures business;
(seven) accept the supervision and inspection of the association;
(eight) to fulfill the obligations of the association announcement in accordance with the regulations;
(nine) other obligations increased by the resolution of the general meeting of members.
Article 28 Termination of membership:
(a) two or more member units merge, and the membership is inherited by the surviving unit or the newly established unit, and the original membership is automatically terminated;
(2) Being revoked of membership according to law;
(3) Being punished for canceling the membership of the Association;
(4) Members withdraw from the meeting.
Chapter IV Organizational Structure
Twenty-ninth members of the general assembly is the highest authority of the association, and its duties are:
(a) to formulate and amend the articles of association;
(two) to consider the work report and financial report of the Council;
(3) Electing and dismissing directors;
(four) to formulate and revise the membership fee standards;
(five) to decide on the merger, division and termination of the association;
(six) other major matters submitted by the Council.
Article 30 A general meeting of members can only be held when more than two-thirds of the representatives of ordinary members and special members are present, and its resolution can only take effect when more than one-half of the representatives of ordinary members and special members present at the meeting vote.
The formulation and revision of the articles of association, and the decision on merger, division and termination of the association shall take effect only after more than two-thirds of the representatives of ordinary members and special members present at the meeting vote.
Article 31 The general meeting of members shall be organized by the Council and held once every four years. If the Council deems it necessary, or more than one third of ordinary members and special members jointly propose, an interim general meeting shall be held.
If the general meeting of members needs to be held in advance or postponed due to special circumstances, it shall be voted by the board of directors, reported to the China Securities Regulatory Commission for review and approved by the Ministry of Civil Affairs. The time limit for postponing the general meeting of members shall not exceed one year.
Article 32 The Council is the executive body of the general assembly, leading the Association to carry out its daily work when the general assembly is not in session, and being responsible for the general assembly.
The duties of the Council are:
(1) Preparing for convening the general meeting of members and implementing the resolutions of the general meeting of members;
(two) to report the work and financial situation to the general assembly;
(3) Deciding to set up a professional committee and a special fund management committee;
(four) to elect and recall the president and vice president of the association;
(5) To appoint and dismiss the Secretary-General and the Deputy Secretary-General;
(six) the appointment and removal of the director and deputy director of the professional committee;
(7) Suspending the qualifications of directors who fail to perform their duties when the general meeting of members is not in session;
(eight) to formulate and promulgate the association's self-discipline rules, industry standards and business norms;
(nine) to decide on the annual work plan and final accounts of the Association;
(10) Deciding to absorb or recall members;
(eleven) to commend, reward and punish members;
(twelve) to decide on other major issues.
Article 33 The board of directors consists of ordinary members, special members and non-members.
Ordinary member directors are nominated by the board of directors, or more than one-fifth of ordinary members and special members jointly propose to be elected by the shareholders' meeting.
Special members are ex-officio members of the association.
Non-member directors shall be appointed by China Securities Regulatory Commission, and non-member directors shall not exceed a quarter of the total number of directors.
Article 34 The term of office of a director is four years, and he may be re-elected.
Article 35 A member director shall meet the following conditions:
(1) Being representative among the members;
(2) Being able to normally exercise membership rights and fulfill membership obligations;
(three) enthusiastic about the work of the association and actively participate in the activities of the association;
(four) integrity, standardized management, strict self-discipline;
(five) have a sense of social responsibility and industry mission, and have a certain influence in the industry;
(6) Other conditions required by the general meeting of members.
When the general meeting is not in session, if a member director does not meet the above conditions, the president shall request the Council to suspend his directorship.
Article 36 A representative of a member director shall meet the following conditions:
(1) The senior management personnel of the member directors, among whom the representative of the directors of the futures company shall be the general manager of the company or the chairman of the board as the legal representative;
(2) Having more than three years working experience in the financial industry;
(3) Being enthusiastic about the service industry and having great influence in futures or related business fields;
(4) It has not been subject to administrative punishment by the China Securities Regulatory Commission or disciplinary punishment by the Association within three years;
(5) Other conditions required by the general meeting of members.
If the director's representative does not meet the above qualifications, the member directors shall replace the director's representative. Before the change, the Council suspended its membership.
Where a member director changes the director's representative, the changed director's representative shall meet the conditions stipulated in this article and be reviewed and approved by the board of directors.
Article 37 The Council shall meet at least once a year; An interim meeting of the board of directors shall be convened upon the joint proposal of more than one third of the directors, or when the President's Office deems it necessary. Under special circumstances, it can be held by communication.
The meeting of the board of directors shall be convened only when more than two thirds of the directors are present, and its resolutions shall take effect only when more than two thirds of the directors are present to vote.
Article 38 The Association shall set up a professional committee and a special fund management committee to carry out its work according to the authorization of the Council.
Article 39 The Association shall have a president, a full-time vice president, a part-time vice president, a secretary general and a deputy secretary general.
The president and full-time vice president are nominated by the China Securities Regulatory Commission and elected by the board of directors; The part-time vice president is nominated by the president and elected by the board of directors. The Secretary-General and Deputy Secretary-General are recommended by the China Securities Regulatory Commission, nominated by the President and appointed by the Board of Directors.
Article 40 The president, vice-president and secretary-general of the Association shall meet the following conditions:
(1) It has good influence and high reputation in the futures industry;
(2) Having more than three years of futures-related work experience;
(3) Having strong ability to organize and coordinate work;
(four) love the work of the association;
(five) the age is not more than 70 years old;
(6) Being in good health and having full capacity for civil conduct;
(seven) have not been deprived of political rights of criminal punishment;
(8) Other conditions required by the general meeting of members.
Article 41 The term of office of the President, Vice-President and Secretary-General of this Association is four years.
Without the approval of the China Securities Regulatory Commission and the Ministry of Civil Affairs, the president and vice president shall not be re-elected for more than two terms.
Article 42 The president is the legal representative of the Association and performs the following duties:
(1) Presiding over the general meeting of members;
(two) to convene and preside over the board meeting and the president's office meeting;
(three) to organize the implementation of the rules, resolutions, work plans, budgets and final accounts adopted by the general meeting of members, the Council and the president's office meeting;
(four) to check the implementation of the resolutions of the general assembly, the Council and the president's office meeting;
(5) Nominating part-time vice presidents, secretaries-general, deputy secretaries-general, chairmen and vice-chairmen of various professional committees;
(six) to decide on the establishment plan of the daily office of the Association;
(seven) to appoint the person in charge of the daily office of the Association and the full-time staff of the Association;
(8) Other duties assigned by the Council.
The vice president assists the dean in his work. If the president is unable to perform his duties for some reason, the full-time vice president designated by the president shall perform his duties on his behalf.
The legal representative of the association shall not concurrently serve as the legal representative of other associations.
Article 43 The Association shall set up a president's office meeting, which shall be composed of the president, full-time vice president, secretary-general, deputy secretary-general and other personnel designated by the president.
Article 44 The Office of the President shall exercise the following functions and powers:
(a) Implementing the resolutions of the General Assembly and the Council;
(2) Deciding to convene an interim meeting of the Council;
(3) To decide on the daily work of the Association.
Chapter V Management of Funds and Assets
Article 45 The sources of funds of the Association are:
(1) membership fees;
(2) social donations;
(3) government funding;
(four) income from activities and services within the approved business scope;
(5) Other lawful income.
Article 46 the funds of the association shall be used for the business scope and career development as stipulated in the articles of association and shall not be distributed among the members.
Article 47 An association shall establish a strict financial management system to ensure the legality, truthfulness, accuracy and completeness of financial information.
Article 48 An association shall be equipped with accountants with professional qualifications. Accounting personnel shall not concurrently serve as cashiers. Accountants must conduct accounting and exercise accounting supervision. When an accountant transfers his job or leaves his post, he must go through the handover procedures with the recipient.
Article 49 The asset management of the association must implement the financial management system stipulated by the state and accept the supervision of the general meeting of members and the relevant departments of the state. If the source of assets belongs to the state appropriation or social donation or subsidy, it must accept the supervision of audit institutions and publish relevant information to the society in an appropriate way.
Article 50 Before changing the term of office or changing the legal representative, the association must accept the financial audit according to the regulations.
Article 51 No unit or individual may occupy, privately divide or misappropriate the assets of the Association.
Article 52 The wages, insurance and welfare benefits of the full-time staff of the Association shall be implemented with reference to the relevant provisions of the state.
Chapter VI Revision of Articles of Association
Article 53 The amendment of the Articles of Association shall be approved by the board of directors and submitted to the shareholders' meeting for deliberation and approval.
Article 54 The revised articles of association shall be submitted to the China Securities Regulatory Commission within 15 days after the adoption of the general meeting, and to the Ministry of Civil Affairs within 30 days after the approval of the China Securities Regulatory Commission, and shall come into effect after being approved by the Ministry of Civil Affairs.
Chapter VII Termination
Article 55 The termination of the association shall be approved by the general meeting of members and reported to the China Securities Regulatory Commission for approval.
Article 56 Before the termination of the Association, a liquidation group shall be established under the guidance of the China Securities Regulatory Commission to clear up the creditor's rights and debts and deal with the aftermath. During the liquidation period, no activities other than liquidation will be carried out.
Article 57 The Association shall be terminated after the cancellation of registration by the Ministry of Civil Affairs.
Article 58 Under the supervision of the China Securities Regulatory Commission and the Ministry of Civil Affairs, the remaining property after the termination of the Association shall be used for the development of undertakings related to the purpose of the Association in accordance with relevant state regulations.
Chapter VIII Supplementary Provisions
Article 59 "above" in the Articles of Association includes this number.
Article 60 The right to interpret the Articles of Association belongs to the Council of the Association.
Article 61 The Articles of Association was adopted at the fourth general meeting of shareholders on September 4, 2006.
Article 62 The Articles of Association shall come into force as of the date of approval by the Ministry of Civil Affairs.