Detailed rules for the implementation of Sino foreign cooperative joint ventures

A loss. Production-oriented cooperative enterprises whose products are exported refer to production-oriented cooperative enterprises whose products are mainly used for export to earn foreign exchange.

2. Production-oriented cooperative enterprises with advanced technology: refers to production-oriented cooperative enterprises in which foreign partners provide advanced technology, engage in the development of new products, and upgrade products in order to increase export earnings or replace imports.

The establishment of a cooperative enterprise in the hosiery chain industry in China should be in line with the national development policy and industrial policy, and abide by the state's regulations on guiding the direction of foreign investment. According to the Law of the People's Republic of China on Sino-Foreign Cooperative Joint Ventures, the cooperative enterprises encouraged by the state are: (1) production-oriented cooperative enterprises whose products are exported.

This refers to the production-oriented cooperative enterprises whose products are mainly used for export to earn foreign exchange. (2) Production-oriented cooperative enterprises with advanced technology. This refers to the production-oriented cooperative enterprises in which foreign cooperative socks provide advanced technology, engage in the development of new products, and realize product upgrading, so as to increase export earnings or replace imports.

The articles of association of a Sino-foreign cooperative joint venture refer to the legal documents such as the purpose of the enterprise, the principles of organization and the principles of activities formulated by the Chinese and foreign cooperatives on the basis of the contract of the Sino-foreign cooperative joint venture. According to the law, the articles of association of a Sino-foreign cooperative joint venture can only take effect after being approved by the examination and approval authorities. The articles of association of an enterprise are programmatic documents for enterprises to carry out business activities, and they are extremely legally binding.

In addition to the content of the specific operation, it must be clarified; It is also necessary to clarify a series of rules of activity and rules of procedure to ensure the completion of the business content, which is the guarantee for the implementation of the contract. The articles of association of a Sino-foreign cooperative joint venture shall include the following contents:

1. The name and legal domicile of the Sino-foreign cooperative joint venture;

2. Business purpose, scope, scale and business mode;

3. The name, address, nationality of the Chinese and foreign cooperators and the name, position and nationality of the legal representative;

4. The method and amount of capital contribution of Chinese and foreign partners, as well as the rights and obligations of all parties to the cooperation;

5. The term of cooperation between Chinese and foreign partners;

6. The conditions and methods for the transfer of rights and obligations agreed in the contract between the Chinese and foreign cooperative parties;

7. The best methods and deadlines for investment by Chinese and foreign authors;

8. The composition and rules of procedure of the Dong Qihu Divine Council or the joint management body;

9. The establishment of business management institutions and the appointment and dismissal of business management personnel;

10. Corporate finance and accounting system;

11. Labor management system of the enterprise;

12. The conditions for the suspension or termination of the contract and the liquidation of creditor's rights and debts and the ownership of property;

13. Liquidation of creditor's rights and debts and ownership of property at the time of termination of the enterprise;

14. Methods and rules of procedure for resolving disputes between the cooperating parties;

15. Modify the conditions and procedures of the contract and the articles of association. Sum up; It is not difficult to see that Sino-foreign cooperative operation contracts include cooperation agreements and contracts; In addition, the articles of association of the enterprise, the establishment and operation of Sino-foreign cooperative joint ventures have always been carried out in accordance with the above three legal documents. The relationship between the three of them is:

1. The agreement is the consensus reached by the Chinese and foreign cooperative parties on some main contents and principles for the establishment of a Sino-foreign cooperative joint venture, and is the basis for formulating the contract.

2. The contract is the only way for the Chinese and foreign partners to further reach an agreement on the purpose, methods and steps of the establishment of the Sino-foreign cooperative joint venture, as well as the rights and obligations of both parties on the basis of the agreement; It is the basis for formulating the articles of association of the enterprise.

3. The articles of association are legal documents that are concretized according to the principles agreed in the contract, and the articles of association can generally be presented to the outside world, while the agreements and contracts reached by the parties to the enterprise are not suitable for disclosure.