Regulations of Liaoning Road Transport Association

 

 

Articles of association

 

 

Chapter I General 

 

Article 1 The name Of the Association is Liaoning Road Transportation Association, the English name of the Association is: Road Transportation Association Of Liaoning, abbreviation: RTALN。

The nature of the association is by the road transport industry and related industries of enterprises and institutions and groups voluntarily formed a provincial industry association, non-profit social organization。

The membership distribution and activity area of the association is Liaoning Province。

Article 2 The purpose of the Association is to abide by the Constitution, laws, regulations and national policies,Practicing core socialist values,Observe social morality;Adhere to the central task of economic development,In the process of establishing a socialist market economic system,Give full play to the organization, coordination, service and self-discipline functions of industrial social groups,For services to government and business,Be a good counselor and assistant,To act as a bridge and link;To safeguard the legitimate rights and interests of the road transport industry and member units in accordance with the law。

Article 3 The Association accepts the business guidance, supervision and management of Liaoning Provincial Civil Affairs Department and relevant industry management departments。

The Council adheres to the overall leadership of the Communist Party of China, establishes organizations of the Communist Party of China, carries out Party activities, and provides necessary conditions for the activities of Party organizations in accordance with the provisions of the Constitution of the Communist Party of China。

Article 4 The domicile of the Association is No. 21, Youyou Street, Shenhe District, Shenyang (Postal code 110013)。

Chapter II Business scope

 

Article 5 Business scope of the Association:

(a) to promote and implement the national and provincial road transport industry guidelines, policies, regulations and standards, carry out various work around the central task of road transport industry development and the needs of members, reflect the industry's voice, suggestions and demands of member units, and play a bridge and link role between the government and members;

(b) On behalf of the industry to participate in the government's relevant industry planning, industry policies and relevant laws and regulations,To propose policies and legislation;Approved by relevant government departments,Undertake related planning, major projects and other preliminary demonstration, evaluation and post-evaluation,Carry out related research;Attend hearings and demonstration meetings related to industry interests;Participate in bulk material procurement and contract bidding activities on behalf of the industry;Organize member units to participate in activities such as enterprise alliance and transportation resource integration;

(3) Formulating and advocating the implementation of "trade rules and regulations" among members,Establish an industry self-discipline mechanism,Standardize the operations of industries and enterprises,We will strengthen the construction of industrial cultural and ethical civilization,Advocate good industry ethics and industry atmosphere,Carry out industry evaluation and other activities,Promote the construction of industry integrity,Improve the overall quality of the industry,Coordinate intra-industry relations and related affairs,Safeguard fair competition in the industry,Protect the legitimate rights and interests of the industry and members。To accept the entrustment to undertake the management and maintenance of the rights and interests of members of the road transport industry;

(4) Accepting government authorization or entrustment,Carry out industry survey, industry statistics and industry information release,To undertake the work related to the industry qualification review and business qualification review,Responsible for quality and reputation assessment, professional title evaluation, technical, economic, legal consulting, feasibility program research and evaluation and other consulting services,Organizing academic discussions and industry standards research;

(5) To develop contacts with relevant industry organizations at home and abroad, carry out cooperation and exchange activities in terms of business technology and economy at home and abroad, and play an intermediary role in enterprises' foreign-related transportation, utilization of foreign capital and introduction of technology;

(6) To organize and carry out activities such as technology development, business technology training, technical exchange services, exhibitions, sales forums and meetings,Promote new technologies, new processes and new products,Promote industry technology progress, safety, economy, energy saving and environmental protection,Assist enterprises to improve the level of management,To help coordinate economic and technological exchanges and cooperation among members;

(7) Editing and distributing relevant books and periodicals and network information of the industry, hosting Liaoning Road Transport magazine and the website and wechat public account of Liaoning Road Transport Association, disseminating industry information, promoting members' images, and displaying industry style;

(8) To organize the development of public welfare undertakings of the industry and carry out other activities beneficial to the industry;

(9) Strengthen the contact with relevant institutions and local industry associations, guide the business work of city, county (district) industry associations, closely cooperate and support each other, and jointly promote the coordination and extensive development of various activities of the association;

(10) Undertake other work authorized by law and related to the purpose of the Association by the government, members, and relevant departments entrusted or purchased services。

 

 Chapter III Members

 

Article 6 Members of the Association shall be unit members。

Article 7 To apply for membership of the Association, the following conditions must be met:

(1) Support the constitution of the Association;

(2) Voluntarily apply to join the Association;

(C) has a certain influence in the business (industry, discipline) field of the Association;

(4) Having the status of an independent legal person。

Article 8 The membership procedure is:

(1) Submit an application for membership;

(2) introduced by more than 2 members;

(3) Submit relevant certification materials, such as licenses;

(4) discussed and approved by the Executive directors' meeting or the President's office meeting;

(5) The membership card shall be issued by the secretariat of the Association and announced。     

Article 9 Members shall enjoy the following rights:

(1) The right to vote, to stand for election and to vote;

(2) Participate in the activities of the Association and obtain the priority of the services of the Association;

(3) the right to know, criticize and make suggestions on the work of the Council and the right to supervise;

(4) Membership is voluntary and withdrawal is free;

(5) request the Council to help study and solve the relevant problems。

Article 10 Members shall perform the following obligations:

(1) Abide by the articles of Association and various provisions;

(2) Implement the resolutions of the Council;

(3) Safeguard the legitimate rights and interests of the Association;

(4) to pay dues according to regulations;

(5) Timely report the situation and provide relevant information to the Council;

(6) Actively participate in the activities organized by the Association and complete the work assigned by the Association。

Article 11 If a member violates laws and regulations and the Articles of Association, the Executive Board or the Standing Board of Directors shall vote and give the member a sanction of expulsion。

Article 12 Members must notify the Association in writing and submit their membership cards for withdrawal。

Article 13 Members who do not pay dues or participate in the activities of the Association for 2 years will automatically lose their membership。

Article 14 After a member withdraws from the association, automatically loses the membership or is removed from the membership, the corresponding positions, rights and obligations of the Association shall terminate automatically。

 

Chapter IV Organizational structure

 

Section 1 Members' Congress

 

Article 15 The Congress of Members is the highest authority of the Association, and its functions and powers are:

(a) to decide on the development policy and planning of the Association;

(2) To formulate and amend the articles of association;

(3) To formulate and modify the methods for the selection of member representatives, directors, executive directors, responsible persons and supervisors;

(4) to elect and remove directors and supervisors;

(5) to decide on the remuneration of the staff of the Council;

(6) To formulate and revise the criteria for membership dues;

(7) To examine the work report and financial report of the Council;

(8) To examine the work reports of the supervisors;

(9) deciding on the change and termination of the name;

(10) To decide on other major matters。

Article 16 The members' Congress shall be held once every four years for each session of four years。If it is necessary to advance or postpone the term change due to special circumstances, it shall be approved by the board of Directors and submitted to the registration administration authority for approval。The extension of the term of office shall not exceed 1 year。

If the Council holds a general meeting of members, it shall inform the members of the agenda of the meeting in writing 10 days in advance。

Article 17 If the Council deems it necessary and more than half of the council members approve it, a temporary congress of members' representatives may be convened。The notice of the meeting of the General Assembly must list the agenda of the meeting。

The provisional members' Congress shall be presided over by the president。If the president does not preside or is unable to preside for some reason, the representative of the proposed member or the Board of Directors shall elect a responsible person of the Association to preside。

Article 18 The members' congress can only be held if more than 2/3 of the members' representatives are present, and it can take effect if the following conditions are met:

(A) to formulate and amend the articles of association, decide on the change of name and termination of the matter, formulate and amend the membership fee standards, must be approved by more than 2/3 of the representatives of the members present;

(2) For the election of directors, the candidate who obtains more votes shall be elected, and the number of votes shall not be less than 50% of the total votes;

(3) Other resolutions shall be passed by more than half of the votes of the representatives of the members present。

Article 19 The following matters shall be voted by secret ballot:

(1) To formulate and amend the articles of association;                    

(2) to elect and remove persons in charge;

(3) Formulating or revising the criteria for membership dues。

 

Section 2 The Council

 

Article 20 The Council shall be the executive body of the Members' Congress, shall lead the daily work of the Council during the intersessional period, and shall be responsible to the members' Congress。The number of directors shall not exceed 1/3 of the members' representatives。

Article 21 The representative of a governing unit shall be the legal representative of the unit or the person in charge of the unit authorized in writing by the legal representative。The adjustment of the director's representative shall be notified in writing to the Council and reported to the Council or the Standing Council for the record。If the director is an executive director at the same time, it shall be adjusted simultaneously。

Article 22 The functions and powers of the Council shall be:

(1) implementing the resolutions of the members' Congress;

(2) To elect and remove the chairman, vice chairman and executive director, and decide on the appointment or dismissal of the Secretary-General;

(3) To decide on the establishment and appointment of honorary posts;

(4) preparing for the convening of the members' congress;

(5) Reporting work and financial status to the congress of members;

(6) To decide on the admission or expulsion of members;

(7) To decide on the establishment, alteration and termination of administrative offices, branches, representative offices and entity offices;

(8) To decide on the appointment of deputy secretaries-general and principal heads of institutions;

(9) To lead the work of various organs of the Council;

(10) Determine the annual work plan and work summary;

(11) To determine the annual financial budget and final accounts;

(12) To determine the internal management system of each institution;

(13) To decide on other major matters。

Article 23 The Council shall be convened only when two-thirds or more of its members are present, and its resolution shall take effect only when it is approved by two-thirds or more of the members present。If the representative of the governing unit is unable to attend the meeting due to special circumstances, the legal representative of the unit may entrust a representative of the unit to attend the meeting and exercise the right to vote。A director who fails to attend the Board meeting without reason for more than two times will automatically lose his qualification as a director。

Article 24 The election of the officer-in-charge of the Council shall be made by the candidate who receives the most votes and not less than 66% of the total votes。

Article 25 The Council shall meet at least once a year。In special circumstances, it may be convened by means of communication。The conference shall not decide on the change of directors。

Article 26 A provisional council meeting may be convened upon the proposal of the president or more than two-thirds of the council members。The interim Council shall be presided over by the President。If the President does not preside or is unable to preside for some reason, the proposer shall elect a person in charge of the Association to preside。

 

Section 3 Standing Council

 

Article 27 The Council shall establish a Standing Council。Executive directors shall be elected from among the directors, and the number shall not exceed 1/3 of the directors。When the Council is not in session, it shall exercise the functions and powers of Article 22 (1), (3), (4), (7), (8), (9) and (12) and be responsible to the Council。

Article 28 The Standing Council shall meet at least once every six months。In special circumstances, it may be convened by means of communication。

Article 29 The Standing Council shall be convened only when two-thirds or more of its executive directors are present, and its resolutions shall take effect only when voted by two-thirds or more of the executive directors present。If the representative of the standing director unit is unable to attend the meeting due to special circumstances, the legal representative of the unit may entrust a representative of the unit to attend the meeting and exercise the right to vote。An executive director who fails to attend the meeting of the Executive Council without reason for a maximum of 4 times will automatically lose his standing director qualification。

Article 30 A temporary meeting of the Executive Board may be convened upon the proposal of the President or two-thirds of the executive directors。If the President is unable to convene and preside over the meeting of the interim Standing Council for any reason, the President may authorize the Vice President or the Secretary-General in writing to convene and preside over the meeting。

Article 31 When the Standing Council is not in session, the President's office, composed of the President, vice president and Secretary-General, shall discuss important matters that need to be decided collectively in the daily work of the Council and exercise the functions and powers of the Standing Council。

 

Section 4 Responsible Person

 

Article 31 The President, vice president and secretary general of the Association shall be responsible persons of the Association and shall be elected from the standing directors and shall meet the following conditions:

(1) adhere to the Party's line, principles and policies and be of good quality;

(2) Law-abiding, diligent and conscientious, with a good personal social record;It has great influence in the business and activity area of the Association;

(3) in good health and able to perform duties normally, the age limit is 70 years old;

(4) Having full capacity for civil conduct;

(5) The term of office of the responsible person shall be the same as that of the member Congress, and shall not be re-elected for more than two terms。

Under any of the following circumstances, he shall not be the person in charge of the Association:

(1) is or has been subjected to criminal punishment of deprivation of political rights, or does not have full capacity for civil conduct;

(2) Having served as a person in charge of an association whose registration has been deregistered and who is personally responsible for the act, or having served as a person in charge of a banned association for less than three years since the date on which the association was deregistered or banned;

(3) Other circumstances in which employment is prohibited by laws, regulations and rules。

Article 32 The President shall be the legal representative of the Association。The legal representative of the Association cannot concurrently serve as the legal representative of other social organizations。The president or secretary general shall not concurrently serve as the president or secretary general of other social organizations。The President and the secretary general shall not be concurrently held by the same person and shall not be from the same member unit。

Article 33 The President of the Association shall exercise the following powers:

(1) Convene and preside over the Board of Directors and the Standing Board of Directors;

(b) to check the implementation of the resolutions of the Council, the Standing Council or the president's office;

(3) Sign relevant important documents on behalf of the Association。

If the President is unable to perform his duties for any reason, he shall entrust or the Board of Directors shall elect a responsible person to perform his duties on his behalf。

Article 34 The Vice President and Secretary-General shall assist the President in carrying out his work。The Secretary-General exercises the following functions and powers:

(1) To preside over the daily work of the office and organize the implementation of the annual work plan

划;

(2) Non-voting seats in the Board of Directors, the Standing Board of Directors and member congresses;

(3) coordinating the work of branches, representative offices and entities;

(4) To nominate the deputy Secretary-General and the principal person in charge of each office, branch, representative office and entity, and submit it to the Standing Council or the President's office for resolution;

(5) To decide on the full-time staff of administrative offices, representative offices and entity institutions

The appointment of;

(6) Organize the formulation of annual work reports and work plans and submit them to the Council or the Standing Council for deliberation;

(7) To prepare annual financial budgets and final accounts reports and submit them to the Council or the Standing Council for deliberation;

(8) To formulate the internal management system and submit it to the Board of Directors or the Standing Board of Directors for approval;

(9) To handle other daily affairs。

Article 35 The Council shall exercise the following functions and powers:

(1) implementing the resolutions of the members' Congress, the Board of Directors and the Standing Board of Directors;

(2) Supervise the rules and regulations of the Association as well as the annual work plan and year

Implementation of financial budget;

(3) To put forward proposals to the Council or the Standing Council。

The President's office is composed of the president, vice president and Secretary General。The President's office meeting can be convened only when more than two-thirds of its members are present, and its resolution shall be valid only when voted by more than two-thirds of the participants。

Article 36 Minutes of the meetings of the member congress, the Council, the Standing Council and the President's office shall be prepared。Where a resolution is formed, a written resolution shall be made and reviewed and signed by the person in charge。Minutes and resolutions of meetings shall be communicated to members in an appropriate manner and kept for at least 10 years。

The election results of the directors, executive directors and responsible persons shall be submitted to the registration authority for record and disclosed to the members within 20 days。

 

Section 5 Supervisors

 

Article 37 The Council shall have one supervisor。The term of office of the supervisors is the same as that of the members' representative assembly, and they may be reappointed upon expiration。

Article 38 Creation and removal of supervisors:

(1) elected by the congress of members;

(2) selected by the registration administration authority according to the needs of the work;

(3) The removal of a supervisor shall follow the procedure for its creation。

Article 39 The responsible person, executive director, director and financial management personnel of the Association shall not concurrently serve as supervisors。

Article 40 Supervisors shall exercise the following functions and powers:

(1) To attend the Board of Directors and the Standing Board of Directors, and to raise questions and suggestions to the Board of Directors and the Standing Board of Directors;

(2) To supervise the election and removal of members' congresses, councils and standing councils;To supervise the implementation of the resolutions of the members' Congress by the Council and the Standing Council;

(3) Check the financial and accounting information of the Association, and report the situation to the registration administration authority and the tax and accounting authorities;

(4) To supervise the compliance of the Council and the Standing Council with laws and articles of association。When the behavior of the president, vice president, Secretary general, executive director, director and other management personnel damages the interests of the Association, require them to correct it, and report to the members' congress or the registration administration authority when necessary;

(5) Report the annual work of the supervisors to the member congress;

(6) To decide on other matters to be examined by the Board of Supervisors。

Article 41 Supervisors shall abide by relevant laws and regulations and the articles of Association and faithfully perform their duties。

Article 42 If the supervisor finds that the activities of the Association are abnormal, he may conduct an investigation;If necessary, they may employ accounting firms to assist them in their work。The expenses necessary for the supervisors to exercise their functions and powers shall be borne by the Council。

 

Section 6 Branches

 

Article 43 The Association shall set up branches according to work needs within the purpose and business scope stipulated in the Articles of Association。The branches of the Association are an integral part of the Association, do not have the status of a legal person, shall not make separate articles of association, within the scope of authorization to carry out activities, development of members, legal responsibility shall be borne by the Association。

Article 44 The Association shall not establish regional branches, and shall not establish branches under the branches。The name of the branch of the Association shall not be named in the name of various legal organizations, and the words "China", "China", "national", "country", etc., shall be used to carry out activities with the normative full name of the Association。

Article 45 The establishment, change and termination of branches shall be discussed and approved by the Board of Directors or the Standing Board of the Association。

Article 46 The person in charge of a branch shall not be more than 70 years old and shall not be re-elected for more than two terms。

Article 47 The financial affairs of the branches shall be under the unified management of the Association。

Article 48 In the annual work report of the Association, the relevant information of the branch shall be submitted to the registration administration authority for annual inspection。At the same time, the relevant information will be disclosed to the public in a timely manner and consciously accept social supervision。

 

Chapter V Asset management and principles of use

 

Article 49 Sources of funds of the Association。

(1) membership fee;

(2) Donations and sponsorships from domestic and foreign social and economic organizations and individuals;

(3) appropriations and various types of subsidies from competent government departments and industry management departments;

(4) Income from activities or services carried out within the approved scope of business;

(5) interest;

(6) other lawful income。

Article 50 The Association shall collect membership dues in accordance with relevant regulations of the State。

Article 51 The funds of the Association shall be mainly used for:

(1) Business scope and career development as stipulated in the Articles of Association;

(2) necessary administrative office and personnel salary expenditures;

(3) Other matters decided by the Board of Directors or the Standing Board of Directors。

Article 52 The Association shall implement the Accounting System of Non-governmental Non-profit Organizations, establish a strict financial management system, and ensure that the accounting information is legal, true, accurate and complete。

Article 53 The Association shall be equipped with accounting personnel with professional qualifications。An accountant shall not concurrently serve as a teller。Accountants must conduct accounting and exercise accounting supervision。When an accountant transfers his work or leaves his post, he must clear the handover formalities with the receiver。

Article 54 The asset management of the Association must implement the financial management system prescribed by the state and accept the supervision of the member congress and the financial department。If the source of assets belongs to state appropriations or social donations or subsidies, they must accept the supervision of audit institutions and publicize the relevant information to the public in an appropriate manner。

Article 55 The financial audit shall be conducted before the change of the term of office or the change of the legal representative。

Article 56 All assets of the Association and their appreciation shall be owned by the Association, and no unit or individual shall seize, privately divide or misappropriate them, nor shall they be distributed among members。

 

Chapter VI Procedure for amendment of Articles of Association

 

Article 57 The amendments to the articles of Association shall be approved by the Board of Directors, submitted to the registration authority for preliminary examination, and submitted to the representative assembly of members for deliberation。

Article 58 The revised articles of Association shall be submitted to the registration authority for approval within 15 days after being approved by more than two-thirds of the representatives of the members present at the members' Congress。The date of approval by the registration authority shall be the effective date of the articles of association。

 

Chapter VII Termination procedures and disposal of property after termination

 

Article 59 The motion for termination shall be put forward by the Council or the Standing Council and submitted to the Congress of Members for approval。

Within 15 days after the adoption of the motion of termination, the liquidation team shall be formed by the personnel determined by the Board of Directors to settle the claims and debts and deal with the aftermath。During the liquidation period, no activities other than liquidation shall be carried out。If a liquidation group is not established within the time limit, the registration administration authority shall designate relevant personnel to form a liquidation group to carry out liquidation。The designated liquidation group shall include persons with professional qualifications such as lawyers and accountants。

Article 60 In any of the following circumstances, the Association shall directly carry out liquidation and cancellation:

(1) Failing to participate in the annual inspection for two consecutive years or failing to pass the annual inspection;

(2) The number of members is lower than the minimum number of establishment registration stipulated in the Regulations on the Administration of Registration of Social Organizations;

(3) The Board of Directors or the Standing Board of Directors cannot be convened normally。

Article 61 The Association shall terminate upon the cancellation of registration by the registration administration authority。

Article 62 The remaining property after the termination of the Association shall be used for the development of undertakings related to the purposes of the Association or donated to public welfare organizations under the supervision of the registration and management authority and in accordance with the relevant provisions of the State。

                

Chapter VIII Supplementary Provisions

 

Article 63 The Articles of Association are adopted by secret ballot at one of the four congresses of the members。

Article 64 The right to interpret these Articles of Association belongs to the Board of Directors of the Association。

Article 65 The Articles of Association shall come into force as of the date of approval by the registration administration authority。