What Is a Food Broker?
CHINA FARM PRODUCE BROKERS ASSOCIATION (CFPBA), established on November 30, 2007, is under the cordial care of the leadership of the Party Central Committee and the State Council. The National Committee of the Communist Youth League and the All-China Women's Federation jointly sponsored the establishment of a national, industrial and non-profit organization. Accept the business guidance and supervision of the All-China Federation of Supply and Marketing Cooperatives and the Ministry of Civil Affairs. [1] [2]
China Agricultural Products Circulation Brokers Association
- The State Administration for Industry and Commerce promulgated China's first nationwide regulation of broker activities on October 26, 1995
- Articles of Association of China Agricultural Products Circulation Brokers Association
- Chapter I General Provisions
- Article 1 The name of this group: "China Agricultural Products Circulation Brokers Association". English translation: "CHINA FARM PRODUCE BROKERS ASSOCIATION", abbreviated as "CFPBA".
- Article 2 The nature of the group: a national, industrial and non-profit social organization formed voluntarily by individuals, enterprises and institutions and social organizations related to the agricultural brokerage business.
- Article 3 The purpose of the group:
- Article 4 The organization accepts the business guidance, supervision and management of the Ministry of Civil Affairs of the People's Republic of China and the competent business unit of the National Supply and Marketing Cooperative Federation.
- Article 5 The residence of this group is No. 45, Fuxingmennei Street, Beijing.
- Chapter II Business Scope
- Article 6 Business scope of the group:
- Chapter III Members
- Article 7 The types of members of the group: individual members and unit members.
- Article 8 Members who apply to join the group must meet the following requirements:
- (1) to support the constitution of the group;
- (2) Willingness to join the group;
- (3) It has certain influence in the industry field of the group;
- (4) Engage in business related to agricultural product brokering.
- Article 9 The procedure for membership membership is:
- (1) Submitting an application for membership and related materials;
- (2) discussed and adopted by the council or the executive council;
- (3) The membership card is issued by the council or an agency authorized by the council.
- Article 10 Members enjoy the following rights:
- (1) The right to vote, be elected and vote for the group;
- (2) Participate in activities of the group;
- (3) Priority of obtaining services of the group;
- (4) the right to criticize, suggest and supervise the work of the group;
- (5) Voluntary membership and freedom to withdraw;
- (6) The right to require this group to protect its legitimate rights and interests from being infringed;
- (7) The right to require the group to reflect a reasonable claim to the government.
- Article 11 Members fulfill the following obligations:
- (1) to implement the resolutions of the group;
- (2) safeguarding the legitimate rights and interests of the group;
- (3) completing the tasks assigned by the group;
- (4) Paying dues in accordance with regulations;
- (5) Report the situation to the group and provide relevant information;
- (6) Observe the articles of association of the group.
- Article 12 Members withdraw from the membership shall notify the group in writing and return their membership card. If a member does not pay membership fees or participate in the group's activities for one year, it is deemed to be automatically withdrawn.
- Article 13 Any member who commits a serious violation of this Articles of Association shall be removed by voting by the Board of Directors or the Standing Council.
- Chapter IV Organizations and Personnel in Charge
- Article 14 The highest authority of the group is the member congress, and the functions and powers of the member congress are:
- (1) Formulating and revising the articles of association;
- (2) election and removal of directors;
- (3) to review the work report and financial report of the council;
- (4) Formulating and revising the standard of membership fees;
- (5) Deciding on termination matters;
- (6) Decide on other major matters.
- Article 15 A general meeting of members must be attended by more than two-thirds of the members 'representatives, and its resolution must take effect after more than half of the members' representatives have voted.
- Article 16 The Congress of Members shall be held for 5 years. If the special term needs to be renewed in advance or postponed, it must be approved by the board of directors, submitted to the business unit for review, and approved by the registration management authority of the society. However, the extension may be delayed for a maximum of one year.
- Article 17 The council is the executive body of the member congress. It leads the group to carry out its daily work during the intersessional period and is responsible to the member congress.
- Article 18 The functions and powers of the Council are:
- (1) implementing the resolutions of the member congress;
- (2) Election and removal of chairman, vice-chairman and secretary general; election and removal of executive directors;
- (3) preparing to convene a member congress;
- (4) Reporting work and financial status to the member congress;
- (5) Decide on the admission or removal of members;
- (6) Deciding on the establishment, change and cancellation of offices, branches, representative offices and entities;
- (7) Deciding on the appointment of the Deputy Secretary-General and the principals of various agencies;
- (8) Leading the institutions of the group to carry out their work;
- (9) Formulating internal management systems;
- (10) put forward suggestions and opinions for formulating and revising the articles of association;
- (11) Decide on other major matters.
- Article 19 The council must be attended by more than two-thirds of the directors, and its resolutions must take effect after more than two-thirds of the directors vote.
- Article 20 The Council shall meet at least once a year. Special circumstances can also be held in the form of communication.
- Article 21 This group shall establish a standing council. The standing council is elected by the council, and exercises the functions of Articles 1, 1, 3, 5, 6, 7, 8, and 9 of the eighteenth session of the council, and is responsible to the council (the number of standing members does not exceed the number of members) 1/3).
- Article 22 The standing council must be attended by more than two-thirds of the executive directors to be convened, and its resolutions can take effect only after two or more of the standing council members have voted to pass.
- Article 23 The executive council meets at least half a year; special circumstances may also be convened by means of communication.
- Article 24 The chairman, deputy chairman, and secretary general of the group must meet the following requirements:
- (1) Adhere to the party's line, principles, policies, and political qualities;
- (2) It has a greater influence in the business area of the group;
- (3) The maximum age of office of the chairman and vice chairman is not more than 65 years;
- (4) The maximum age of office of the Secretary-General is not more than 65, and the Secretary-General is full-time;
- (5) be healthy and able to work normally;
- (6) Have not been subjected to criminal punishment for deprivation of political rights;
- (7) Having full capacity for civil conduct;
- (8) Possess a high level of policy and strong organization and coordination capabilities.
- Article 25 If the chairman, deputy chairman, or secretary general of the group exceeds the maximum age of service, it must be approved by the board of directors, submitted to the business unit for review, and approved by the registration management authority of the society before it can serve.
- Article 26 The term of office of the chairman, deputy chairman, and secretary-general of the group is five years, and the maximum term is two. 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 member congress of the member congress, submitted to the competent business unit for review and approved by the registration management authority of the society before it can serve.
- Article 27 The chairman of the group is the legal representative of the group, and the legal representative signs relevant important documents on behalf of the group.
- Due to special circumstances, upon the commission of the chairman, the council agrees, and reports to the competent business unit for review and approval by the registration management authority, the vice chairman may serve as the legal representative.
- The legal representative of this group does not concurrently serve as the legal representative of other groups.
- Article 28 The chairman of this group exercises the following functions and powers:
- (1) Convene and chair the council and executive council;
- (2) Checking the implementation of the resolutions of the member congress, the council, and the executive council;
- Article 29 The Secretary-General of this group exercises the following functions and powers:
- (1) Preside over the daily work of the office and organize the implementation of the annual work plan;
- (2) Coordinating the work of all branches, representative offices and entities;
- (3) Nomination of the Deputy Secretary-General and the principals of each office, branch, representative office and entity shall be submitted to the council or executive council for decision;
- (4) Deciding on the employment of full-time staff in offices, representative offices and entities;
- (5) Handling other daily affairs.
- Article 30: The directors of this group include unit directors and individual directors.
- The representative of the unit director shall be the main person in charge of the unit. The unit director replaces the representative, and the unit shall notify the group in writing and report to the council or standing council for the record. If the director becomes a standing director at the same time, he / she shall go through the adjustment procedures together. Each unit can only recommend one director.
- Individual directors are individuals recommended by the council and become members of the council after elections. Individual directors who are unsuitable to serve as directors must resign as directors.
- Chapter V Principles of Asset Management and Use
- Article 31 Sources of Funds of the Group:
- (1) dues;
- (2) donation;
- (3) Government funding;
- (4) income from activities or services carried out within the approved scope of business;
- (5) Interest;
- (6) Other legal income.
- Article 32 This group collects membership dues in accordance with relevant state regulations.
- The group does not charge any fees for activities such as evaluation, selection and commendation.
- Article 33 The funds of this group must be used for the development of the business scope and cause stipulated in these Articles of Association, and shall not be distributed among members.
- Article 34 This group establishes a strict financial management system to ensure that the accounting information is legal, authentic, accurate and complete.
- Article 35 This group is equipped with professionally qualified accountants. Accounting should not act as cashier. Accountants must perform accounting calculations and implement accounting supervision. When transferring or leaving an accountant, the accountant must go through the transfer formalities with the person taking over.
- Article 36 The asset management of this group 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 is a state appropriation or social donation or funding, it must be subject to the supervision of the auditing agency and the relevant situation shall be announced to the society in an appropriate manner.
- Article 37 Before the re-election or replacement of the legal representative of this group, it must accept the financial audit organized by the registration management organization of the society and the competent business unit.
- Article 38 The assets of this group shall not be embezzled, privately distributed or misappropriated by any unit or individual.
- Article 39 The salaries, insurance and welfare benefits of full-time staff members of this group shall be implemented with reference to the relevant state regulations on public institutions.
- Chapter VI Procedures for Amending the Articles of Association
- Article 40 Amendments to the constitution of this group shall be submitted to the member congress for consideration after being approved by the council.
- Article 41 The articles of association revised by this group shall take effect within 15 days after being passed by the member congress, after being reviewed and approved by the competent business unit, and submitted to the registration and management authority of the society for approval.
- Chapter VII Termination Procedure and Disposal of Property After Termination
- Article 42 If the group fulfills its purpose or dissolves itself or needs to be cancelled due to reasons such as division or merger, the council or standing council shall propose a termination motion.
- Article 43 The motion for termination of this group shall be approved by the member congress and submitted to the competent business unit for review and approval.
- Article 44 Prior to the termination of this group, a liquidation organization shall be established under the guidance of the competent business unit and relevant authorities to clear creditor's rights and debts and deal with aftermath. During the liquidation, not to carry out activities other than liquidation.
- Article 45 This group shall be terminated after going through the cancellation registration formalities of the association registration management organ.
- Article 46 The remaining property after the termination of the group shall be used for the development of undertakings related to the purpose of the group under the supervision of the competent business unit and the registration management authority of the society.
- Chapter VIII Supplementary Provisions
- Article 47 This Article of Association was voted and approved at the Second Member Congress on June 28, 2013.
- Article 48 The right to interpret the articles of association belongs to the council of the group.
- Article 49 This Article of Association shall take effect on the date of approval by the registration management authority of the association. [4]