Article 2 The supply and marketing cooperatives in China are collective-owned cooperative economic organizations with farmers as the main body and serving agriculture. They are the bridge between the party and the government and the farmers, and they are the important carriers for doing well the work concerning agriculture, countryside and farmers.
China supply and marketing cooperatives are divided into grass-roots supply and marketing cooperatives, county-level supply and marketing cooperatives, municipal supply and marketing cooperatives, provincial supply and marketing cooperatives and the All-China Federation of Supply and Marketing Cooperatives.
The All-China Federation of Supply and Marketing Cooperatives (hereinafter referred to as the Federation) is a joint organization of the national supply and marketing cooperatives under the leadership of the State Council, and is responsible for leading the development of the national supply and marketing cooperatives.
Article 3 The Head Office implements the principles of voluntary, mutual benefit, democracy and equality.
Article 4 The purpose and goal of the head office is to serve agriculture, countryside and farmers, promote the system reform and mechanism innovation of member cooperatives, and build the supply and marketing cooperative system into a cooperative economic organization system with China characteristics, which has closer ties with farmers, more perfect service functions for agriculture and more efficient market operation, and become a new force and comprehensive platform for serving farmers' production and life. It will become the backbone of agricultural socialization service, the leading force of rural modern circulation and the driving force of farmers' professional cooperation, and truly become a farmers' cooperative economic organization, which will effectively play a better role in accelerating agricultural modernization, promoting farmers' income and getting rich, and promoting the construction of a well-off society in rural areas.
Article 5 The Head Office implements the group membership system and is responsible for the guidance, coordination, supervision, service, education and training of member institutions.
The head office implements open cooperation and can accept social and economic organizations that recognize the articles of association and voluntarily join as member societies upon application.
Article 6 The property of the head office belongs to the collective. The board of directors of the head office is the ownership representative and manager of the collective property of the head office.
The head office is legally qualified as an independent legal person, and its legitimate rights and interests are protected by state laws.
Article 7 The headquarters is located in Beijing.
The English full name of the head office is the All-China Federation of Supply and Marketing Cooperatives, or ACFSMC for short.
Chapter II Functions and Tasks
Article 8 The functions and tasks of the Head Office are:
(a) to publicize and implement the principles and policies of the CPC Central Committee and the State Council on rural economic work and social development, study and formulate cooperative economic development strategies and plans, and guide and serve the reform and development of the national supply and marketing cooperative system;
(two) to undertake the tasks entrusted by the State Council and the relevant government departments, organize, coordinate and manage the operation and reserve of important agricultural means of production, cotton and other commodities authorized by the government, and undertake the public services purchased by the government from social forces;
(three) to promote the rule of law in supply and marketing cooperatives, and to promote and participate in the formulation of relevant laws, regulations and policies;
(four) to reflect the opinions and demands of farmers and supply and marketing cooperatives to the State Council and the relevant government departments, and safeguard their legitimate rights and interests;
(five) to guide the supply and marketing cooperatives to build an industry guidance system led by joint social organizations and a business service system supported by social enterprises, and to form a two-line operation mechanism of social enterprises separation, up and down connection and overall coordination;
(VI) To guide the organization and system construction of supply and marketing cooperatives, coordinate the relations of member cooperatives, enhance the service function of cooperatives, improve the management system of grass-roots cooperatives, develop new cooperative economic organizations and trade associations such as farmers' cooperatives, comprehensive service cooperatives, consumption, finance and land circulation, improve the rural socialized service system, and keep close contact with farmers;
(7) Guide supply and marketing cooperatives to carry out cooperative alliances, expand business services, innovate ways and means of agricultural production services, promote the construction of modern circulation networks in new rural areas, improve the level of agricultural product circulation services, carry out rural cooperative financial services, build a comprehensive service platform for urban and rural communities, and better perform their duties of serving agriculture;
(eight) to guide the cultural construction of supply and marketing cooperatives, provide information services, and carry out education and training;
(nine) to supervise, manage and operate social assets, establish and improve the evaluation and incentive system for maintaining and increasing the value of social assets, perform the responsibilities of investors according to law, and enjoy the rights and interests of investors;
(ten) to organize, guide and supervise national social organizations in related industries, disciplines or business scope, and promote the integration, complementarity and coordinated development of industry associations and cooperatives;
(11) Join the International Cooperative Alliance on behalf of the China Cooperative Economic Organization, participate in the affairs of the International Cooperative Alliance and related international organizations, carry out economic, trade, technical and talent exchanges and cooperation with domestic and foreign economic organizations, social organizations, scientific research and education institutions and relevant government departments, and accept donations and funding;
(twelve) to undertake other tasks assigned by the CPC Central Committee and the State Council.
Chapter III Member Associations
Article 9 Provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production and Construction Corps, supply and marketing cooperatives of cities under separate state planning, other provincial cooperative economic organizations with independent legal personality, national trade associations serving agriculture, large leading enterprises in agricultural industrialization, etc. , recognize the articles of association of the Head Office, and voluntarily perform their obligations. With the approval of the Board of Directors of the Head Office, they may apply to join the Head Office and become member associations or units of the Head Office (hereinafter referred to as member associations).
The assets of a member society are owned by the member society, which operates independently and is responsible for its own profits and losses.
Article 10 The rights of a member club are:
(a) to elect or recommend deputies to the National Congress of supply and marketing cooperatives;
(2) Participating in domestic and international activities organized by the Head Office;
(3) Requesting the Head Office to help coordinate and solve related problems;
(4) Enjoy the services provided by the head office;
(five) to carry out activities in the name of members of the head office;
(six) to supervise the use of shares of members of the head office;
(seven) to apply for the use and supervision of the cooperative development fund of the head office;
(eight) to put forward opinions and suggestions on the work of the head office.
Article 11 The obligations of a member club are:
(1) Abide by the Articles of Association of the Head Office;
(2) Implementing the resolutions of the Head Office;
(three) to pay the member shares to the head office;
(four) according to the provisions of the head office to pay the cooperative development fund;
(five) to safeguard the legitimate rights and interests of the head office and member institutions;
(six) to complete the tasks entrusted by the head office;
(seven) report to the head office, reflect the relevant situation;
(8) Accept the guidance and supervision of the head office.
Twelfth in any of the following circumstances, the membership of the member club shall be cancelled by the resolution of the headquarters Council:
(1) Loss of legal person status;
(2) voluntarily giving up the membership of the club;
(three) in violation of the articles of association, refusing to perform the prescribed obligations, and the circumstances are serious.
Chapter IV National Congress of Supply and Marketing Cooperatives
Article 13 The National Congress of Supply and Marketing Cooperatives (hereinafter referred to as the National Congress) is the highest authority of the head office.
Article 14 The functions and powers of the National Congress are:
(1) Examining and approving the work report of the Council of the Head Office;
(2) Examining and approving the work report of the Board of Supervisors of the Head Office;
(3) Deliberating and adopting resolutions of the National Congress;
(4) adopting or amending the articles of association of the head office;
(5) Electing the director, executive director, deputy directors and directors of the Board of Directors of the Head Office;
(6) Electing supervisors, vice presidents and directors of the Board of Supervisors of the Head Office;
(seven) to discuss and decide on other major issues.
Article 15 Deputies to the National Congress shall be elected or recommended by member associations.
The number of deputies to the National Congress and the method for selecting them shall be decided by the Council of the Head Office.
Article 16 The National Congress is convened every five years and is convened by the Board of Directors of the Head Office. The National Congress may be held in advance or postponed if the General Council or the Standing Committee considers it necessary, or if more than one third of the member associations request it.
Article 17 The board of directors of the Head Office shall notify the member banks of the date and agenda of the meeting one month before the National Congress is held.
Article 18 Proposals made by member associations of the Head Office to the National Congress shall be submitted to the Council of the Head Office before the Congress is held.
Article 19 The National Congress shall be attended by more than two thirds of the deputies, and all resolutions shall be valid only if they are passed by more than half of all the deputies.
Article 20 When the National Congress is convened, the deputies present at the meeting elect a presidium to preside over the meeting.
Chapter V Council
Article 21 The Head Office shall establish a Council. The Council is the executive body of the National Assembly when it is not in session, and it is responsible for the National Assembly and reports its work.
Article 22 The functions and powers of the Council are:
(1) Organizing the convening of a national congress and implementing its resolutions;
(2) Organizing the implementation of various functions and tasks stipulated in Article 8 of the Articles of Association;
(three) to study and deploy the important work of the head office, guide the reform and development of the national supply and marketing cooperatives, and promote the economic union and cooperation among the member cooperatives;
(four) to approve the admission of member societies or cancel the membership of member societies;
(5) Performing the responsibilities of investors on behalf of the Head Office;
(6) Other functions and powers as stipulated in the articles of association.
Article 23 The board of directors is composed of the chairman, vice chairman, executive director and directors, with a term of five years.
The Council has a farmer director and an expert director. The directors of member societies implement the unit substitution system.
When the National Congress is not in session, if there are any changes in the directors, executive directors, deputy directors and directors, the Council shall handle the relevant procedures.
The head office implements the responsibility system of the director of the board of directors, who is the legal representative of the head office.
Article 24 The plenary meeting of the Council shall be held once a year and shall be convened by the Standing Council. When the Standing Council deems it necessary, or upon the proposal of the Board of Supervisors, or upon the proposal of more than one third of the directors, it may temporarily convene a plenary meeting of the Council.
The plenary meeting of the Council shall be held only when more than two thirds of the directors are present, and the resolution of the meeting shall be valid only if it is passed by more than half of all the directors.
Article 25 The Standing Council is the permanent body of the Council, consisting of the chairman, vice-chairman and executive director.
Article 26 The functions and powers of the Standing Council are:
(1) To be responsible for convening the plenary meeting of the Council and reporting its work to the Council;
(2) Implementing the resolutions of the Council;
(3) Deciding on the annual financial budget and final accounts of the head office;
(4) Deciding on the internal management system of the head office;
(5) Deciding on the establishment of the internal organs of the Head Office;
(six) to decide on the establishment, merger, division or dissolution of the enterprises and institutions affiliated to the head office;
(seven) to decide on the management and use of the capital contribution and investment income of the head office;
(8) Other functions and powers granted by the Council.
Article 27 The meeting of the Standing Council shall be convened by the director of the Council or the deputy director entrusted by him.
The meeting of the Standing Council shall be held only when more than two thirds of the executive directors are present, and the resolution of the meeting shall be valid only if it is approved by more than half of all the executive directors.
Chapter VI Board of Supervisors
Article 28 The Head Office shall set up a board of supervisors. The Board of Supervisors is the supervisory body of the Head Office, and is responsible to the National Congress and reports its work.
Article 29 The functions and powers of the board of supervisors are:
(a) to supervise the implementation of the articles of association of the Council and the resolutions of the National Congress;
(2) To supervise the implementation of relevant national laws, regulations and policies by the Council;
(three) to supervise the economic and social tasks entrusted by the Council to the state;
(four) to supervise the maintenance and appreciation of intermediary assets, the use of financial funds and major investment of enterprises, mergers and acquisitions, asset operations, etc. ;
(five) to carry out investigation and study, reflect social conditions and public opinion, and put forward suggestions for improvement to the Council;
(six) have different opinions on the major decisions of the Council, and the suggestions are not adopted, and have the right to reflect to the National Congress;
(seven) to guide the members of the board of supervisors to carry out their work;
(8) proposing to convene a plenary meeting of the provisional council.
Article 30 The board of supervisors consists of the chairman, vice-chairman and supervisor, with a term of five years.
The Board of Supervisors shall have farmer supervisors and expert supervisors. Supervisors of member associations and supervisors of relevant state departments shall implement the system of unit substitution.
The directors of the head office and the principal responsible persons of the offices, institutions and funded enterprises of the board of directors shall not concurrently serve as supervisors.
When the National Congress is not in session, if the supervisors, deputy supervisors and chairman of the board of supervisors change, the board of supervisors shall go through relevant procedures.
Members of the board of supervisors attended the plenary meeting of the board of directors as nonvoting delegates. The Chairman and Vice Chairman of the Board of Supervisors attended the meeting of the Standing Council as nonvoting delegates.
Article 31 The plenary meeting of the Board of Supervisors shall be held once a year, and shall be convened by the Chairman of the Board of Supervisors or the Deputy Director entrusted by the Chairman of the Board of Supervisors; When necessary, a plenary meeting of the board of supervisors may be convened temporarily.
The plenary meeting of the Board of Supervisors can only be held when more than two thirds of the supervisors are present, and the resolution of the meeting can only be effective if it is approved by more than half of all the supervisors.
Chapter VII Enterprises, Institutions and Social Organizations
Article 32 The head office shall set up enterprises and institutions according to the needs of performing its functions and tasks, and maintain the holding position of leading enterprises supporting agriculture.
The board of directors of the head office is the ownership representative and manager of the social assets of the invested enterprises and institutions.
Article 33 The head office may set up a wholly-owned group company to manage the assets of the operating institutions at the corresponding level.
The head office formulates and modifies the articles of association of the group company, and enjoys the rights of investors such as asset income, major decisions and selection of managers from the group company according to law.
Article 34 Enterprises funded by the head office shall operate independently according to law, be responsible for their own profits and losses, pay taxes according to law, be responsible for maintaining and increasing the value of the assets invested by investors, and shall not harm the legitimate rights and interests of investors.
Article 35 Enterprises funded by the head office should adhere to the direction of serving agriculture and market economy, improve the corporate governance structure, enhance market competitiveness, expand business service areas, give play to the leading role, strengthen economic cooperation between regions and levels, and serve the reform and development of supply and marketing cooperatives.
Article 36 The head office shall organize institutions such as science and technology education, cultural propaganda and technology popularization to enhance the independent innovation ability of supply and marketing cooperatives, train all kinds of managers and skilled personnel, and provide scientific, technological, information and talent support for the development of supply and marketing cooperatives.
Article 37 Trade associations and other social organizations should adhere to the purpose of serving their members, carry out activities within the scope prescribed by laws and articles of association, strengthen industry self-discipline, reflect industry demands, undertake functions entrusted by the government, enhance service functions, carry out foreign exchanges and cooperation, and strive to promote industry development.
Article 38 Enterprises, institutions and social organizations are independent legal persons, enjoy the property rights of legal persons according to law, and independently bear civil liabilities with all their property.
Chapter VIII Finance and Audit
Article 39 The Head Office shall, in accordance with laws, administrative regulations, national financial and auditing regulations and the Articles of Association, set up accounting institutions and auditing institutions, and establish financial management and auditing supervision systems.
Article 40 The head office shall set up a social assets management committee, establish a budget system for social assets management according to the authorization of the board of directors, accept the supervision of the state auditing organ and the financial department, and strengthen the supervision of social assets mainly by managing capital.