People's Republic of China State Council
No. 498
The Regulations on the Registration and Administration of Farmers' Professional Cooperatives is hereby promulgated and will come into effect on July 1, 2007.
Premier Wen Jiabao
May 28, 2007
Farmers' Professional Cooperative Registration Regulations
Chapter 1 General Provisions
Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on Farmers' Professional Cooperatives in order to confirm the legal person qualifications of farmers' professional cooperatives and regulate the registration of farmers' professional cooperatives.
Article 2 The establishment, modification, and cancellation of farmer professional cooperatives shall be registered in accordance with the provisions of the Law of the People's Republic of China on Professional Farmers Cooperatives and these Regulations.
To apply for registration of a farmer's professional cooperative, the applicant shall be responsible for the authenticity of the application materials.
Article 3 The farmer professional cooperatives shall be registered by the registration authority in accordance with the law, and obtain the business license of the farmer professional cooperatives legal person (hereinafter referred to as the business license) to obtain the legal person qualification. Without registration according to law, no business activity may be conducted in the name of a farmer professional cooperative.
Article 4 The administrative department for industry and commerce is a registration agency for professional farmer cooperatives. The administrative department for industry and commerce of the State Council is responsible for the registration management of farmers' professional cooperatives throughout the country.
Farmers' professional cooperatives are registered by the county (city) and district administrative departments for industry and commerce.
The administrative department for industry and commerce of the State Council may make special stipulations on the registration jurisdiction of large-scale or trans-regional farmer professional cooperatives.
Chapter II Registration Matters
Article 5 The registration items of farmers' professional cooperatives include:
(a) the name;
(b) Accommodation;
(3) The total amount of capital contributed by the members;
(d) business scope;
(5) The name of the legal representative.
Article 6 The names of farmers' professional cooperatives shall contain the words "professional cooperatives" and shall comply with the provisions of the State concerning the registration of enterprise names.
Article 7 The residence of a farmers' professional cooperative is the seat of its main office.
Article 8 A member of a peasant professional cooperative may use capital to make a capital contribution, or may use non-monetary assets that can be valued in money and can be transferred in accordance with law, such as physical objects and intellectual property rights. If a member is funded with non-monetary assets, all members will evaluate the price. Members may not contribute capital, such as labor, credit, names of natural persons, goodwill, franchise rights, or property to be guaranteed.
The amount of capital contributed by the member and the total amount of capital contribution shall be expressed in Renminbi. The total amount of the member's contribution is the total amount of the member's contribution.
Article 9 Farmers' professional cooperatives shall use their members as their main targets of service. The scope of their business may include the purchase of agricultural production materials, sales, processing, transportation, storage of agricultural products, and technical and information services related to agricultural production and management.
The scope of business of farmers' professional cooperatives is regulated by their statutes.
Article 10 The chairman of a farmer professional cooperative is the legal representative of a farmer professional cooperative.
Chapter III Establishment of Registration
Article 11 An application for the establishment of a peasant professional cooperative shall be submitted to the registration authority by the representative designated by the entire settlor or by an authorized agent to submit the following documents:
(a) to establish a registration application;
(2) The minutes of the establishment of the signature and seal of all the founders;
(3) the bylaws of the signatures and seals of all the founders;
(4) Documents of employment and identification of legal representatives and directors;
(5) The name of the member, the mode of capital contribution, the amount of capital contribution, the total amount of capital contributed by the member, and the list of contributions confirmed by the signatures and seals of all funded members;
(6) The name, citizenship number or registration certificate number of the member, the membership register of the residence, and the proof of membership;
(7) proof of the use of the residence that can prove that the farmer's professional cooperative has the right to use his or her residence;
(8) The certificate of the designated representative or the authorized agent of the entire founder.
If a farmer professional cooperative has a business scope that belongs to a law, administrative regulation, or a project that is required by the State Council to be approved before registration, it shall submit relevant approval documents.
Article 12 Where the statutes of the farmers' professional cooperatives contain any content that violates the provisions of the "Law of the People's Republic of China on Professional Farmers Cooperatives" and relevant laws and administrative regulations, the registration authority shall require the farmers' professional cooperatives to make corresponding amendments.
Article 13 Citizens with civil capacity, as well as enterprises, institutions or social organizations engaged in production and business activities directly related to the professional cooperatives of farmers, can use the services provided by farmers' professional cooperatives to recognize and abide by the regulations of farmers' professional cooperatives. To perform the membership procedures prescribed by the statute, they may become members of the farmers' professional cooperatives. However, a unit that has the function of managing public affairs must not join a farmer professional cooperative.
Article 14 A peasant professional cooperative shall have 5 or more members, among which the peasants shall account for at least 80% of the total number of members.
If the total number of members is 20 or less, there may be 1 enterprise, public institution or member of a social organization; if the total number of members exceeds 20, the number of members of enterprises, institutions and social organizations shall not exceed 5% of the total number of members.
Article 15 The members of a peasant professional cooperative are peasants, and the proof of membership is an agricultural population residence booklet; if there is no agricultural population residence booklet, the identity verification of the peasants shall be the resident identity card and land contractual management right certificate or the village committee (resident committee) issued by personal I.D.
The members of the farmer professional cooperatives do not belong to the peasants, and the identity of the members is the resident identity card.
The members of the farmers' professional cooperatives are enterprises, institutions or social organizations, and the membership certificate is the business license of the legal person or other registration certificate.
Article 16 Where an applicant submits an application for registration that is complete and complies with statutory forms, and the registration authority can register on the spot, it shall register on the spot and issue a business license.
Except as provided in the preceding paragraph, the registration authority shall make a decision on whether to register within 20 days from the date of accepting the application. If it is registered, it shall issue a business license; if it is not registered, it shall give a written reply and explain the reason.
The date of issuance of the business license is the date of establishment of the farmer professional cooperative.
Article 17 Business licenses are divided into originals and duplicates. Both the original and the duplicate have the same legal effect.
The original business license should be placed in the prominent position of the farmers' cooperatives' domicile.
Article 18 Where a business license is lost or destroyed, a specialized farmer cooperative shall apply for replacement.
No unit or individual may forge, alter, lease, lend or transfer business licenses.
Article 19 The format of the registration documents of the farmer professional cooperatives and the original and copy style of the business license shall be formulated by the administrative department for industry and commerce of the State Council.
Chapter IV Change Registration and Cancellation of Registration
Article 20 If there is a change in the name, address, total capital contribution, business scope, and legal representative name of a farmer professional cooperative, it shall apply to the original registration authority for a change of registration within 30 days from the date of making the change decision and submit the following documents:
(1) the application for registration of change signed by the legal representative;
(2) Resolutions made by the member assembly or member representative assembly;
(3) amendments to the amended constitution or articles of association signed by the legal representative;
(4) The certificate of the designated representative or the entrusted agent of the legal representative.
Article 21 Where a farmer's professional cooperative changes its business scope to involve a project that is subject to approval by laws, administrative regulations, or provisions of the State Council, it shall apply for change registration within 30 days from the date of approval and submit relevant approval documents.
Where a farmer's professional cooperative's business scope falls under the laws, administrative regulations, or the State Council stipulates that one of the following circumstances must be approved before registration in any of the following circumstances, it shall apply for change registration within 30 days from the date of occurrence or go through the cancellation of registration in accordance with the provisions of these Regulations. :
(1) The license or other approval document was revoked or revoked;
(2) The expiration of the validity period of the license or other approval document.
Article 22 If a member of a farmer's professional cooperative is changed, it shall, within 30 days from the end of the current fiscal year, submit the revised member list signed by the legal representative to the registration authority for the record. Among them, new members joining the club should also submit proof of identity of new members.
If a farmer professional cooperative changes its membership and lowers the number of its members to the legal ratio, it shall adopt the method of absorbing new peasant members into the society within six months from the date of the occurrence of the accident so that the peasant members reach the legal ratio.
Article 23 If the amendments to the articles of association do not involve registered items, the farmers' professional cooperatives shall, within 30 days from the date of making the amendment, submit the amended amendments to the bylaws or articles of association signed by the legal representative to the registration authority for filing.
Article 24 If a change of registration involves a change in a business license, the registration authority shall renew the business license.
Article 25 A peasant professional cooperative that established a liquidation committee shall, within 30 days from the end of the liquidation, apply to the original registration authority for cancellation of registration by the representative designated by the entire member of the liquidation group or the authorized agent, and submit the following documents:
(1) Application for cancellation of registration signed by the person in charge of the liquidation group;
(2) The dissolution resolution of a peasants' professional cooperative according to law, the peasants' professional cooperatives having their business license revoked or revoked according to law, the bankruptcy ruling of the people's court, and the dissolution of the judgment documents;
(3) The liquidation report confirmed by the member assembly, member representative assembly or the people's court;
(4) Business licenses;
(5) The certificate of the designated representative or the authorized agent of all members of the liquidation group.
The farmer professional cooperatives dissolved due to merger or division shall apply to the original registration authority for cancellation of registration within 30 days from the date of making the dissolution decision, and submit the application for cancellation registration signed by the legal representative, the member assembly or the member representative assembly. Resolutions of disbandment and explanations of debt liquidity or debt guarantees, business licenses, and representatives of the legal representative's representative or authorized agent.
Registration was cancelled by the registration authority and the farmers’ professional cooperatives were terminated.
Chapter V Legal Liability
Article 26 When submitting peasants' professional cooperatives' registration by submitting false materials or adopting other fraudulent means, the registration authority shall order them to make corrections;
Heavy, revocation of registration of farmers' professional cooperatives.
Article 27 If a farmer professional cooperative has one of the following acts, the registration authority shall order it to make corrections; if the circumstances are serious, the business license shall be revoked:
(1) If the registered items have changed, they have not applied for change registration;
(2) Having made members of the farmer below the legal ratio for six months due to changes in members;
(3) engaging in business activities outside the scope of business;
(4) Altering, renting, lending, or transferring business licenses.
Article 28 If a farmer professional cooperative has one of the following acts, the registration authority shall order it to correct:
(1) Failing to submit the revised membership register to the registration authority for filing according to law;
(2) Failing to lawfully submit the amended constitution or amendment to the constitution to the registration authority for filing.
Article 29 Where a registration authority registers an application for registration of a farmer's professional cooperative that does not meet the prescribed conditions, or fails to register an application for registration that meets the prescribed conditions, the directly responsible supervisor and other directly responsible personnel shall be given sanctions according to law.
Chapter VI Supplementary Provisions
Article 30 Farmers' professional cooperatives may set up branch offices and apply to the registration authority of the branch institution for registration in accordance with the provisions of this Regulation concerning the registration of farmers' professional cooperatives. The branches of farmers' professional cooperatives do not have legal personality.
If a branch of a peasant professional cooperative is illegal, it shall be punished by the provisions of this Regulation.
Article 31 The registration authority shall not charge for the registration of farmers' professional cooperatives.
Article 32 The farmers' professional cooperatives set up prior to the implementation of these Regulations shall go through the registration within one year from the date of implementation of this Regulation.
Article 33 This Regulation shall come into force on July 1, 2007.
GPW Series (Germany) Standard Cylinder
Wuxi ASK Pneumatic Machinery Co.,Ltd , https://www.askpneumtic.com