Who knows, rural cooperatives? Please introduce it in detail? Thanks!
The current professional farmer cooperatives are based on rural household contract management and achieve the purpose of mutual assistance among members by providing sales, processing, transportation, storage of agricultural products as well as technology, information and other services related to agricultural production and management. The organization has been characterized by economic mutual assistance since its establishment. With a certain organizational structure, members enjoy certain rights and have certain responsibilities.
Concerning rural cooperatives, detailed provisions are provided in the "Law of the People's Republic of China on Farmers' Professional Cooperatives":
Chapter 1 General Provisions
First Article
This law is enacted in order to support and guide the development of farmers' professional cooperatives, regulate the organization and behavior of farmers' professional cooperatives, protect the legitimate rights and interests of farmers' professional cooperatives and their members, and promote the development of agriculture and rural economy.
Article 2
Farmers' professional cooperatives are voluntary associations of producers and operators of similar agricultural products or providers and users of similar agricultural production and operation services on the basis of rural household contract management. , democratically managed mutual aid economic organizations.
Farmers' professional cooperatives serve their members mainly, providing services such as the purchase of agricultural production materials, the sale, processing, transportation and storage of agricultural products, as well as technology and information related to agricultural production and operations.
Article 3
Farmers’ professional cooperatives shall abide by the following principles:
The majority of members are farmers;
The purpose is to serve members , seeking the common interests of all members;
Join the society voluntarily and withdraw freely;
Members have equal status and implement democratic management;
The surplus is mainly based on the membership Refund in proportion to the transaction volume (amount) with farmers' professional cooperatives.
Article 4
Farmers’ professional cooperatives shall be registered in accordance with this Law and obtain legal person status.
Farmers' professional cooperatives have the right to possess, use and dispose of property formed by members' capital contributions, provident funds, direct state financial subsidies, donations from others and other assets legally obtained, and use the above property to pay debts Take responsibility.
Article 5
Members of farmers' professional cooperatives shall bear responsibilities to farmers' professional cooperatives to the extent of the capital contribution and provident fund share recorded in their accounts.
Article 6
The state protects the legitimate rights and interests of farmers' professional cooperatives and their members, and no unit or individual may infringe upon them.
Article 7
Farmers' professional cooperatives engaged in production and business activities shall abide by laws and administrative regulations, abide by social ethics and business ethics, and be honest and trustworthy.
Article 8
The state promotes the development of farmers' professional cooperatives through measures such as financial support, tax incentives, financial, scientific and technological support, talent support, and industrial policy guidance.
The state encourages and supports all sectors of society to provide services to farmers' professional cooperatives.
Article 9
The people's governments at or above the county level shall organize the agricultural administrative departments and other relevant departments and relevant organizations to carry out professional management of farmers in accordance with the provisions of this Law and in accordance with their respective responsibilities. Provide guidance, support and services for the construction and development of cooperatives.
Chapter 2 Establishment and Registration
Article 10
To establish a farmers' professional cooperative, the following conditions must be met:
Have five people The above-mentioned members who comply with the provisions of Articles 14 and 15 of this Law;
have articles of association that comply with the provisions of this Law;
have organizational structures that comply with the provisions of this Law;
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Have a name that complies with laws and administrative regulations and a domicile determined by the articles of association;
Have members who make capital contributions that comply with the provisions of the articles of association.
Article 11
To establish a farmers' professional cooperative, an establishment meeting attended by all the founders shall be held. The person who voluntarily becomes a member of the society at the time of establishment is the founder.
The establishment meeting shall exercise the following powers:
Adopt the Articles of Association of the Society, which shall be unanimously adopted by all the founders;
Elect the chairman, directors, executive supervisors or Members of the Board of Supervisors;
Consideration of other major matters.
Article 12
The articles of association of a farmers' professional cooperative shall specify the following matters:
Name and address;
Business scope;< /p>
Membership qualifications, admission, withdrawal and expulsion;
Rights and obligations of members;
Organizational structure and its creation method, powers, terms of office and rules of procedure;< /p>
Members’ capital contribution methods and amounts;
Financial management, surplus distribution, and loss handling;
Articles amendment procedures;
Reasons for dissolution and liquidation methods;
Announcement matters and release methods;
Other matters that need to be stipulated.
Article 13
To establish a professional farmer cooperative, the following documents shall be submitted to the industrial and commercial administrative department to apply for establishment registration:
Registration application form;
Registration application form;
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Minutes of the establishment meeting signed and stamped by all the incorporators;
Articles of Association signed and stamped by all the incorporators;
Official documents of the legal representatives and directors and Proof of identity;
Investment list signed and stamped by the investing members;
Proof of residence use;
Other documents stipulated by laws and administrative regulations.
The registration authority shall complete the process within 20 days from the date of accepting the registration application and issue a business license to the applicant who meets the registration conditions.
If the statutory registration items of farmers' professional cooperatives change, they should apply for change registration.
The registration methods for farmers’ professional cooperatives shall be stipulated by the State Council. No fees may be charged for registration.
Chapter 3 Members
Article 14
Citizens with civil capacity and those engaged in production and business activities directly related to the business of farmers' professional cooperatives Enterprises, institutions or social groups that can make use of the services provided by farmers' professional cooperatives, recognize and abide by the farmers' professional cooperatives' charter, and fulfill the joining procedures stipulated in the charter can become members of farmers' professional cooperatives. However, units with the function of managing public affairs are not allowed to join farmers' professional cooperatives.
Farmers' professional cooperatives shall prepare a roster of members and submit it to the registration authority.
Article 15
Among the members of a farmers' professional cooperative, farmers should account for at least 80% of the total members.
If the total number of members is less than 20, there can be one enterprise, public institution or social group member; if the total number of members exceeds 20, the number of members of an enterprise, public institution or social group shall not exceed 100 of the total number of members. Five out of five.
Article 16
Members of farmers' professional cooperatives shall enjoy the following rights:
Participate in members' meetings, and enjoy the right to vote, elect and be elected, and participate in the membership meeting in accordance with the provisions of the articles of association. The Society implements democratic management;
Use the services and production and operation facilities provided by the Company;
Share the surplus in accordance with the provisions of the Articles of Association or the resolution of the general meeting;
Check the Articles of Association of the Company , Member roster, minutes of the members’ general meeting or members’ representative meeting, resolutions of the board of directors’ meetings, resolutions of the board of supervisors’ meetings, financial accounting reports and accounting books;
Other rights stipulated in the articles of association.
Article 17
The election and voting of the members' meeting of farmers' professional cooperatives shall be based on the one-person-one-vote system, and each member shall have the basic voting right of one vote.
Members with larger capital contributions or larger transactions with the company may enjoy additional voting rights in accordance with the provisions of the Articles of Association. The total number of additional voting rights of the association shall not exceed 20% of the total number of basic voting rights of the members of the association. The members who enjoy additional voting rights and the number of additional voting rights they enjoy shall be informed to the members present at each general meeting of members.
The articles of association may limit the scope of the exercise of additional voting rights.
Article 18
Members of farmers' professional cooperatives shall bear the following obligations:
Implement the resolutions of the members' conference, members' representative conference and board of directors;
Contribute capital to the Company in accordance with the provisions of the Articles of Association;
Conduct transactions with the Company in accordance with the provisions of the Articles of Association;
Bear losses in accordance with the provisions of the Articles of Association;
Other obligations stipulated in the Articles of Association .
Article 19
If a member of a farmers' professional cooperative wishes to withdraw from the cooperative, he or she shall submit the request to the chairman or the board of directors three months before the end of the financial year; among them, enterprises and public institutions If a member of a social group withdraws from the society, he must submit the request six months before the end of the financial year; if the articles of association provide otherwise, such provisions shall prevail. The membership of a retiring member shall terminate at the end of the financial year.
Article 20
The contracts that members have concluded with the farmer cooperatives before their qualifications are terminated shall continue to be performed, unless otherwise provided in the articles of association or otherwise agreed with the cooperative.
Article 21
If membership is terminated, the farmers' professional cooperative shall return the capital contribution and provident fund share recorded in the member's account in the manner and within the time limit specified in the articles of association; The distributable surplus before the membership is terminated shall be returned to them in accordance with the provisions of paragraph 2 of Article 37 of this Law.
Members whose qualifications are terminated shall share the losses and debts of the Society before their qualifications are terminated in accordance with the provisions of the Articles of Association.
Chapter 4 Organizational Structure
Article 22
The Members’ Conference of the Farmers’ Professional Cooperative is composed of all members. It is the power body of the cooperative and exercises the following powers: :
Amend the Articles of Association;
Elect and remove the chairman, directors, executive supervisors or members of the board of supervisors;
Decide on major property disposals, external investments, external guarantees and Other major matters in production and operation activities;
Approving the annual business report, surplus distribution plan, and loss treatment plan;
Making resolutions on mergers, divisions, dissolutions, and liquidations;
Decide on the number, qualifications and terms of employment of management personnel and professional and technical personnel;
Listen to reports from the chairman or the board of directors on changes in members;
As stipulated in the charter Other powers.
Article 23
When a farmer cooperative holds a general meeting of members, the number of attendees should be more than two-thirds of the total number of members.
Elections or resolutions made by the general meeting of members shall be passed by more than half of the total voting rights of the members of the society; resolutions to amend the articles of association or merger, division, or dissolution shall be passed by more than two-thirds of the total voting rights of the members of the society. If the articles of association have higher provisions on the number of voting rights, such provisions shall prevail.
Article 24
The membership meeting of farmers' professional cooperatives shall be held at least once a year, and the convening of the meeting shall be stipulated in the articles of association. If any of the following circumstances occurs, an extraordinary general meeting of members shall be convened within 20 days:
More than 30% of the members propose;
Implement the proposal of the supervisor or the board of supervisors;
Other situations stipulated in the Articles of Association.
Article 25
If a farmer's professional cooperative has more than 150 members, it may establish a member representative assembly in accordance with the provisions of the articles of association. The members' congress may exercise part or all of the powers of the members' congress in accordance with the provisions of the articles of association.
Article 26
A farmer's professional cooperative shall have a chairman and may set up a board of directors. The chairman is the legal representative of the company.
Farmers' professional cooperatives may have executive supervisors or a board of supervisors. The chairman, directors, managers and financial accounting personnel shall not concurrently serve as supervisors.
The chairman, directors, executive supervisors or members of the board of supervisors are elected from among the members of the society by the general meeting of members. They exercise their powers in accordance with the provisions of this Law and the Articles of Association and are accountable to the general meeting of members.
The voting at Board of Directors meetings and Board of Supervisors meetings shall be based on one person, one vote.
Article 27
The general meeting of members, the board of directors, and the board of supervisors of a farmers' professional cooperative shall make minutes of the decisions on the matters discussed. The members, directors, and supervisors who attended the meeting shall The meeting minutes should be signed.
Article 28
The chairman or the board of directors of a farmers' professional cooperative may appoint managers and financial accounting personnel in accordance with the decision of the general meeting of members. The chairman or director may concurrently serve as the manager. The manager may appoint other personnel in accordance with the provisions of the articles of association or the decision of the board of directors.
The manager is responsible for specific production and operation activities in accordance with the provisions of the articles of association and authorization from the chairman or the board of directors.
Article 29
The chairmen, directors and managers of farmers’ professional cooperatives shall not engage in the following acts:
Occupy, misappropriate or privately distribute the assets of the cooperative ;
Violate the provisions of the Articles of Association or without the consent of the general meeting of members, lend the company's funds to others or use the company's assets to provide guarantees for others;
Accept commissions from other people's transactions with the company and keep it as one's own Yes;
Engage in other activities that harm the economic interests of the company.
The income earned by the chairman, directors and managers in violation of the provisions of the preceding paragraph shall belong to the Society; if losses are caused to the Company, they shall bear liability for compensation.
Article 30
The chairman, directors, and managers of a farmer's professional cooperative shall not concurrently serve as the chairman, director, supervisor, or manager of other farmer's professional cooperatives with the same business nature.
Article 31
Personnel who perform official duties related to the business of farmers' professional cooperatives shall not serve as chairman, director, supervisor, manager or financial accountant of farmers' professional cooperatives.
Chapter 5 Financial Management
Article 32
The financial department of the State Council shall formulate the financial accounting system for farmers' professional cooperatives in accordance with relevant national laws and administrative regulations. Farmers' professional cooperatives shall conduct accounting in accordance with the financial accounting system formulated by the financial department of the State Council.
Article 33
The chairman or board of directors of a farmers' professional cooperative shall, in accordance with the provisions of the articles of association, organize the preparation of annual business reports, surplus distribution plans, loss treatment plans and financial accounting reports , 15 days before the general meeting of members, prepare it at the office location for members to review.
Article 34
Transactions between farmers' professional cooperatives and their members, and transactions with non-members who utilize the services provided by them, shall be accounted for separately.
Article 35
Farmers' professional cooperatives may withdraw provident funds from the current year's surplus in accordance with the provisions of the articles of association or the resolution of the general meeting of members. The provident fund is used to make up for losses, expand production and operations, or be converted into capital contributions by members.
The provident fund withdrawn every year is quantified into each member's share in accordance with the provisions of the articles of association.
Article 36
A farmer's professional cooperative shall set up a member account for each member, which mainly records the following contents:
The member's capital contribution;< /p>
Quantified as the member’s provident fund share;
The transaction volume (amount) between the member and the company.
Article 37
The current year’s surplus after making up for losses and withdrawing provident funds shall be the distributable surplus of farmers’ professional cooperatives.
The distributable surplus shall be returned or distributed to members in accordance with the following provisions. The specific distribution method shall be in accordance with the provisions of the Articles of Association or determined by the resolution of the general meeting of members:
According to the proportion of the transaction volume (amount) between the members and the Society Return, the total amount of return shall not be less than 60% of the distributable surplus;
The remaining part after the return according to the provisions of the preceding paragraph shall be based on the capital contribution and share of the provident fund recorded in the member's account, and the amount accepted by the society from the state Property formed from direct financial subsidies and donations from others is quantified equally to members' shares and distributed to members of the society in proportion.
Article 38
For a farmer cooperative that has an executive supervisor or a board of supervisors, the executive supervisor or the board of supervisors shall be responsible for conducting an internal audit of the financial affairs of the cooperative, and the audit results shall be reported to the general meeting of members. .
The general meeting of members may also entrust an auditing agency to audit the financial affairs of the society.
Chapter 6 Merger, Split, Dissolution and Liquidation
Article 39
The merger of farmers' professional cooperatives shall be completed within ten days from the date of the merger resolution. Notify creditors within days. The claims and debts of the merging parties shall be inherited by the organization that survives or is newly established after the merger.
Article 40
When a farmers' professional cooperative is divided, its property shall be divided accordingly, and creditors shall be notified within ten days from the date of the division resolution. Debts incurred before the spin-off will be jointly and severally liable to the post- spin-off organization. However, this shall not be the case unless otherwise agreed upon in a written agreement with the creditor regarding debt settlement before the division.
Article 41
Farmers’ professional cooperatives are dissolved for the following reasons:
The reasons for dissolution specified in the articles of association arise;
Members’ meeting Resolution to dissolve;
Dissolution is required due to merger or division;
The business license has been revoked or revoked in accordance with the law.
In the event of dissolution due to the reasons in Items 1, 2, and 4 of the preceding paragraph, a liquidation group shall be formed by members elected by the general meeting of members within 15 days from the date of occurrence of the reasons for dissolution, and the dissolution and liquidation shall begin. If a liquidation group cannot be formed within the time limit, members and creditors may apply to the People's Court to appoint members to form a liquidation group for liquidation. The People's Court shall accept the application and promptly designate members to form a liquidation group for liquidation.
Article 42
The liquidation team will take over the farmers' professional cooperatives from the date of its establishment and be responsible for handling unfinished business related to liquidation, liquidating properties, claims and debts, and allocating funds to pay off debts. Represent the farmers' professional cooperatives in litigation, arbitration or other legal proceedings for the remaining property after the liquidation is completed, and handle deregistration at the end of the liquidation.
Article 43
The liquidation team shall notify the members and creditors of the farmer cooperative within ten days from the date of establishment, and shall make an announcement in a newspaper within sixty days. Creditors shall declare their claims to the liquidation committee within thirty days from the date of receipt of the notice, or within forty-five days from the date of announcement if no notice is received. If all members and creditors have received the notice within the specified period, the liquidation group will be exempted from the announcement obligation.
When declaring a creditor's right, a creditor shall explain the relevant matters of the creditor's right and provide supporting materials. The liquidation team shall register the claims.
During the period of reporting claims, the liquidation team shall not pay off creditors.
Article 44
When a farmers' professional cooperative is dissolved due to the reasons specified in Paragraph 1 of Article 41 of this Law, or when the people's court accepts a bankruptcy application, it cannot handle the formalities for members to withdraw from the cooperative. .
Article 45
The liquidation team is responsible for formulating plans including repaying the wages and social insurance premiums of employees of farmer cooperatives, paying off taxes and other debts owed, and distributing the remaining The liquidation plan, including property, shall be implemented after being approved by the general meeting of members or applying for confirmation from the People's Court.
If the liquidation team finds that the property of the farmers' cooperative is insufficient to pay off its debts, it shall apply for bankruptcy to the People's Court in accordance with the law.
Article 46
The property formed by farmers' professional cooperatives receiving direct financial subsidies from the state shall not be distributed to members as distributable residual assets during dissolution or bankruptcy liquidation. Disposal Methods stipulated by the State Council.
Article 47
Members of the liquidation team shall be loyal to their duties and perform their liquidation obligations in accordance with the law. If they cause losses to members and creditors of farmers' professional cooperatives intentionally or due to gross negligence, they shall bear compensation. responsibility.
Article 48
The relevant provisions of the Enterprise Bankruptcy Law shall apply to the bankruptcy of farmers' professional cooperatives. However, after the bankruptcy estate has paid off the bankruptcy expenses and interest debts, it should give priority to paying off the unsettled amounts that had been transacted with the farmer members before the bankruptcy.
Chapter 7 Support Policies
Article 49
The state may entrust and arrange relevant construction projects with conditions to support the development of agriculture and rural economy. Implementation of farmers' professional cooperatives.
Article 50
The central and local finances shall allocate funds respectively to support farmers’ professional cooperatives in carrying out information, training, agricultural product quality standards and certification, agricultural production infrastructure construction, and marketing and technology promotion services. Priority support will be given to farmers' professional cooperatives in ethnic minority areas, remote areas and poverty-stricken areas, as well as farmers' professional cooperatives that produce important agricultural products urgently needed by the country and society.
Article 51
National policy financial institutions should adopt various forms to provide multi-channel financial support to farmers' professional cooperatives. Specific support policies are stipulated by the State Council.
The state encourages commercial financial institutions to adopt various forms to provide financial services to farmers' professional cooperatives.
Article 52
Farmers' professional cooperatives enjoy corresponding tax incentives stipulated by the state for agricultural production, processing, circulation, services and other agricultural-related economic activities.
Other preferential tax policies to support the development of farmers’ professional cooperatives shall be prescribed by the State Council.
Chapter 8 Legal Responsibilities
Article 53
Occupy, misappropriate, withhold, privately distribute or otherwise infringe on farmers' professional cooperatives and their members Those who illegally interfere with the production and operation activities of farmers' cooperatives and their members, charge farmers' cooperatives and their members, force farmers' cooperatives and their members to accept paid services, and cause economic losses to farmers' cooperatives shall be held legally responsible.
Article 54
If a farmer cooperative provides false registration materials to the registration authority or uses other fraudulent means to obtain registration, the registration authority shall order it to make corrections; if the circumstances are serious, the registration shall be revoked .
Article 55
If a farmer's professional cooperative makes false records or conceals important facts in the financial reports and other materials provided to the relevant competent authorities in accordance with the law, it shall be held legally responsible.
Chapter 9 Supplementary Provisions
Article 56
This law shall come into effect on July 1, 2007.