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Articles of Association of Shanghai Property Management Association
Article 1 Name of the Association: Shanghai Property Management Association. English translation of Shanghai Property Management Association. The abbreviation is TASPM.
Article 2 Nature of the Association: The Association is a city-wide trade organization voluntarily formed by Shanghai property management enterprises, registered property managers and relevant enterprises and institutions in accordance with the Regulations on the Administration of Registration of Social Organizations and the Interim Measures of Shanghai Trade Associations. It is a non-profit social organization that implements industry service and industry self-discipline. The association has been approved and registered by the registration authority of social organizations, and has the qualification of social organizations as legal persons.
Article 3 Purpose of the Association: The Association shall follow the relevant national laws, regulations, rules and policies, guide, cultivate and develop the Shanghai property management market, provide services for its members, safeguard their legitimate rights and interests, advocate industry self-discipline and fair competition, and promote the prosperity and healthy development of the property management industry in this city.
Article 4 The administrative department for industry and commerce of this Association is Shanghai Housing and Land Resources Administration, the administrative department for business of this Association is Shanghai Social Service Bureau, and the administrative department for registration of this Association is Shanghai Social Organization Administration. The association also accepts the business guidance, supervision and management of the above three competent departments.
Article 5 The legal domicile and activity area of this Association is Shanghai.
Chapter II Tasks, Scope of Business and Principles of Activities
Article 6 The main tasks of this Association are:
(a) to publicize and implement the laws, regulations and policies of the state and this Municipality on this industry; Assist government departments to carry out industry investigation and legislative research, participate in the demonstration and hearing of relevant industry reform and development policy decisions, and put forward opinions and suggestions on formulating industry policies and legislation.
(two) to formulate and supervise the implementation of industry rules and regulations, and abide by the principle of good faith. Organize industry appraisal and industry inspection, standardize industry behavior, advocate fair competition, and safeguard the legitimate rights and interests of members. Take corresponding industry self-discipline measures for acts that violate rules and regulations and damage the reputation of the industry; Involving illegal acts, it is recommended that relevant departments investigate and deal with them.
(three) to communicate information and provide services for the government, industry and members; According to the hot and difficult issues that members care about, carry out research, organize discussions and reflect the voices and suggestions of members.
(four) to coordinate the relevant economic and business activities and industrial activities among members; Coordinate and mediate major disputes arising from property management activities between members and non-members, and between members and consumers; Coordinate the relationship between this trade association and other trade associations or other economic organizations; Participate in collective bargaining on behalf of the industry and safeguard the interests of the industry.
(five) according to the development of the industry and the needs of members, popularize advanced technology, organize industry training, cultivate management, technology and service talents for enterprises, and improve the comprehensive quality of employees.
(six) to collect, sort out and exchange domestic and foreign technical and market information, industry trends and management experience, edit and publish industry publications and data compilation, and timely transmit information to members.
(seven) to carry out various consulting services related to the industry; Hold exhibitions, attract investment and other marketing activities to help members expand their markets.
(eight) to carry out friendly exchanges with social groups and economic groups in the same industry at home and abroad, organize domestic and foreign visits, do a good job in receiving visits, and promote exchanges and cooperation.
(nine) to accept the functions of enterprise qualification management, employee qualification management, project management and employee appraisal, property price evaluation and coordination, industry survey and statistics, industry technical standards formulation, etc. transferred or entrusted by relevant government departments and enterprises. And organize industry forces to carry out their work.
(ten) according to the provisions of laws, regulations and policies, to carry out other activities that are conducive to promoting the healthy development of the industry.
Article 7 The business scope of the Group is:
Industry research, industry coordination, industry training, industry evaluation, academic seminars, exhibition services, business consulting, information exchange and release at home and abroad, editing and publishing, etc.
Article 8 The principles of the Association's activities are as follows:
(1) In carrying out activities in accordance with the articles of association, the Association shall abide by relevant laws, regulations, rules and policies, observe social ethics, and conform to the overall interests and requirements of the industry.
(two) the activities of the association shall adhere to honesty and trustworthiness, fairness and justice, and shall not resort to deceit or harm the interests of the state, other units and individuals.
(3) The Association will not engage in profit-making business activities in the name of the Association.
(4) In carrying out activities, the Association shall follow the principles of democratic organization and independent organization, and ensure independent operation, self-financing and independent work.
Chapter III Members
Article 9 The members of this Association are composed of unit members and individual members. Members who apply to join the Association shall meet the following conditions:
(1) Property management enterprises and registered property managers who have obtained the business license of this Municipality and the national property management qualification certificate according to law, and enterprises and institutions with independent legal personality related to this industry;
(2) Recognition of the articles of association;
(3) To join this Association voluntarily.
Article 10 Membership procedures:
(1) submitting an application for membership;
(2) The Council of this Association authorizes the secretariat to approve and issue membership cards.
Article 11 Members shall enjoy the following rights:
(a) The right to vote, to be elected and to vote;
(two) to participate in relevant activities organized by the association;
(three) to obtain the priority of our services;
(four) have the right to supervise, criticize and make suggestions on the work of this association;
(5) Have the right to leave the meeting freely.
Article 12 Members shall perform the following obligations:
(1) Abide by the articles of association of this Association, implement the resolutions of this Association, abide by the rules and regulations, and safeguard the interests of the industry;
(two) to support and participate in the activities of the association and complete the work entrusted by the association;
(3) Paying membership fees according to regulations;
(4) Take the initiative to report the situation to this Council and provide relevant information and statements.
Article 13 when a member withdraws from the meeting, he shall submit a written letter to the secretariat of the association and return his membership card.
If a member fails to pay the membership fee or participate in the activities of the association for no reason within two years, it will be regarded as automatic withdrawal.
Members who seriously violate laws, regulations and the articles of association shall be removed by more than two-thirds of the participants in the Council.
Article 14 The announcement system shall be implemented for the membership, withdrawal and expulsion of members of this Association.
Chapter IV Organizational Structure
Article 15 The highest authority of this Association is the members' congress. The functions and powers of the members' congress are:
(a) to formulate and amend the articles of association;
(2) Electing and dismissing directors;
(3) Hearing and deliberating the work report and financial report of the Council;
(4) To decide on the termination of this Association;
(five) to decide on other major issues of the association.
Article 16 The member representative assembly shall be held once a year.
Members' congresses can only be convened when more than two-thirds of the members' representatives are present, and their resolutions can only take effect when more than two-thirds of the members' representatives present at the meeting vote.
Seventeenth members' congress is held every four years. Due to special circumstances, it is necessary to advance or postpone the general election, which shall be voted by the board of directors, reported to the Municipal Social Service Bureau, the Municipal Housing and Land Resources Administration for review, and approved by the Municipal Social Organization Administration. However, the term of office shall not be extended for more than one year.
Article 18 The Association shall have a Council. The Council is the executive body of the member congress, leading the association to carry out its daily work when the member congress is not in session, and being responsible to the member congress.
The Council is elected by the member representative assembly for a term of four years.
The director of the unit is recommended by the director unit as the main person in charge. When a director is unable to perform his duties during his term of office or needs to be changed due to other reasons such as job changes, the unit to which he belongs shall recommend another candidate and report the change to the secretariat of this Association.
Article 19 The functions and powers of the Council:
(a) to implement the resolutions of the members' congress;
(two) to elect and recall the president, vice president and executive director;
(3) Convening a general meeting of members and reporting the work and financial situation to the general meeting of members;
(four) decided to hire honorary president and consultant;
(five) to decide on the establishment and cancellation of branches, representative offices and entity institutions, and to decide on the appointment and removal of their principal responsible persons;
(6) To decide on the appointment and removal of the Secretary-General on the nomination of the President;
(seven) according to the nomination of the Secretary General, to decide the appointment and removal of the Deputy Secretary General;
(eight) to formulate internal management system and annual work plan, and to lead the work of various institutions;
(9) To decide on the recall of members;
(10) To decide on other major matters.
Article 20 A meeting of the board of directors shall be held only when more than two thirds of the directors are present, and its resolutions shall take effect only after being voted by more than two thirds of the directors present.
The Council is convened twice a year and can be convened at any time under special circumstances.
Article 21 The Association shall have a standing council. The Standing Council is elected by the Council. When the Council is not in session, the Standing Council exercises the first, fifth, seventh, eighth, ninth and tenth functions of the Council and is responsible to the Council.
Article 22 The Standing Council shall be convened only when more than two-thirds of the executive directors are present, and its resolutions shall take effect only after being voted by more than two-thirds of the executive directors present at the meeting.
The Standing Council shall be convened once every quarter, and may be convened at any time under special circumstances.
Article 23 The president and vice-president of this Association must meet the following conditions:
(a) familiar with the industry, solid professional knowledge, high reputation in the industry;
(two) enthusiastic about the work of the association, with good work performance and strong organizational leadership;
(3) At present, he has not held public office in a state organ, and his personal credit is good;
(four) healthy, competent, generally not more than 65 years old;
(5) Having full capacity for civil conduct.
Article 24 The term of office of the President and Vice-President of this Association is four years, and the President may not be re-elected for more than two terms. If it is necessary to extend the term of office due to special circumstances, it must be approved by more than two-thirds of the members' congress, reported to the competent business unit for examination and approval, and approved by the Municipal Association Administration before taking office.
Article 25 The president of this Association shall be the legal representative.
The legal representative of this Association shall not concurrently serve as the legal representative of other social organizations.
Article 26 The President of this Association shall exercise the following functions and powers:
(a) to convene and preside over the Council and the Standing Council;
(two) to check the implementation of the resolutions of the members' congress, the Council and the Standing Council;
(3) Signing relevant important documents on behalf of the Association;
(4) Handling major issues in the implementation of the Articles of Association.
Article 27 The secretariat of this Association is the daily office of the Council. In line with the principle of streamlining and high efficiency, the secretariat has set up working departments according to the actual work needs.
The Secretary-General presides over the daily work of the Secretariat. The qualifications of the Secretary-General shall refer to the provisions of Article 23. The Secretary-General must be full-time.
The personnel management and social security of the full-time staff of the Secretariat shall be implemented in accordance with the relevant provisions of this Municipality. Secretariat staff can also be sent by the president, vice president and executive director.
Article 28 The Secretary-General of this Association shall exercise the following functions and powers:
(a) to preside over the daily work of the Secretariat and organize the implementation of the annual work plan;
(2) Coordinating the work of branches, representative offices and entities;
(3) Nominating the principal responsible persons of branches, representative offices and entities, and submitting them to the Council for decision;
(4) To decide on the appointment and dismissal of full-time staff of the Secretariat, branches, representative offices and entities;
(5) Handle other daily affairs.
Article 29 The Association shall set up working committees, professional committees and other branches according to the needs of work. Branches do not have independent legal personality, and their legal responsibilities shall be borne by this Association.
Working committees and professional committees work under the leadership of the Association and the guidance of competent departments. The working rules formulated by the working committees and professional committees shall be deliberated and adopted by the Council. The working committee and the professional committee shall implement the director responsibility system, and the appointment and removal of the director shall be decided by the Council. The finance of working committees and professional committees shall be brought into the unified financial management of the Association.
Chapter V Principles of Asset Management and Use
Thirtieth sources of funds of the Association:
(1) membership fees;
(2) Donation and sponsorship;
(3) Funds obtained by undertaking matters entrusted by the government;
(4) Income from activities or services provided within the approved business scope;
(5) interest;
(6) Other lawful income.
Article 31 the funds of this association must be used for the business scope and career development as stipulated in the articles of association, and shall not be distributed among members.
Article 32 An association shall establish a strict financial management system to ensure the legality, truthfulness, accuracy and completeness of accounting information.
Article 33 An association shall be equipped with accountants with professional qualifications. Accounting personnel shall not concurrently serve as cashiers. Accountants must conduct accounting and exercise accounting supervision. When accounting personnel change their jobs or leave their posts, they must go through the handover procedures with clear responsibilities with their successors.
Article 34 The asset management of this Association shall strictly implement the financial management system stipulated by the state and accept the supervision of the members' congress and relevant financial departments. If the source of assets belongs to financial allocation or social donation or subsidy, it shall be subject to the supervision of audit institutions and the relevant information shall be announced to the public in an appropriate way.
No unit or individual may occupy, privately divide or misappropriate the assets of the Association.
Thirty-fifth before the change or replacement of the legal representative of the association, it shall invite a professional audit firm to conduct an audit and issue an audit report.
Chapter VI Procedures for Amending the Articles of Association
Thirty-sixth amendments to the articles of association shall be submitted to the members' congress for voting after deliberation by the Council.
Article 37 After the revised articles of association are adopted by the members' congress, they must be reported to the Municipal Social Service Bureau for approval within 30 days.
Chapter VII Termination Procedure and Property Disposal after Termination
Article 38 If an association is dissolved for any reason or needs to be cancelled due to division or merger, the Standing Council shall propose a termination motion.
Thirty-ninth termination motion must be approved by the members' congress and reported to the Municipal Social Service Bureau for approval.
Fortieth before the termination of this Association, a liquidation working group shall be set up under the guidance of the Municipal Bureau of Housing, Land and Resources and relevant departments to clean up the creditor's rights and debts and deal with the aftermath. During the liquidation period, no activities other than liquidation shall be carried out.
Article 41 This Association shall be terminated after the cancellation of registration by the Municipal Association Administration.
Article 42 The remaining property after the termination of this Association shall be used for the development of undertakings related to the purposes of this Association under the supervision of the Municipal Bureau of Housing, Land and Resources and the Municipal Bureau of Associations in accordance with relevant state regulations.
Chapter VIII Supplementary Provisions
Article 43 The Articles of Association was adopted by the members' congress of the Association on April 26th, 2006.
Article 44 The right to interpret the Articles of Association belongs to the Council of the Association.
Article 45 The Articles of Association shall come into effect as of the date of approval by the municipal association management organization.
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