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According to the "Model Articles of Association for Professional Farmer Cooperatives formulated by the Ministry of Agriculture", it is written in combination with the actual situation of their own cooperatives!
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There are the following responsibilities:
1) Inspect the company's finances;
2) Supervise the performance of the duties of the directors and senior management personnel, and propose the removal of directors and senior management personnel who violate laws, administrative regulations, the articles of association or the resolutions of the shareholders' meeting;
3) When the behavior of directors and senior management personnel harms the interests of the company, require the directors and senior management personnel to make corrections;
4) Propose to convene an extraordinary shareholders' meeting, and convene and preside over a meeting of shareholders when the board of directors fails to perform its duties of convening and presiding over a meeting of shareholders as stipulated in the Company Law;
5) To make proposals to the shareholders' meeting;
6) In accordance with the provisions of Article 151 of the Company Law, file a lawsuit against the directors and senior managers;
7) Attend meetings of the Board of Directors as non-voting delegates and make questions and suggestions on all matters under discussion;
8) Discover the company's operation;
9) Other functions and powers stipulated in the articles of association.
The board of supervisors of a listed company may also review the company's periodic reports prepared by the board of directors and submit written audit opinions.
1. The form of supervision of the board of supervisors.
The main form of supervision by the Board of Supervisors. In order to fulfill the supervisory function, the Supervisory Board is required to exercise not only accounting supervision, but also operational supervision. It is necessary to have not only post-event supervision, but also ex-ante and ex-post supervision (i.e., supervision during planning and decision-making).
The business supervision of the board of supervisors over the operation and management includes the following aspects:
The first is to notify the management agency to stop its illegal acts. When directors or managers violate the law, the articles of association, or engage in business outside the registered business scope in the execution of their duties, the auditors have the right to notify them to stop their behavior.
The second is to investigate the company's financial situation at any time, review the accounts and documents, and have the right to request the board of directors to provide information to it.
The third is to review the various statements prepared by the board of directors to provide to the shareholders (general meeting), and report the audit opinions to the shareholders (general meeting).
Fourth, when the board of supervisors deems it necessary, generally when there is a major problem in the company, it can propose to convene a shareholders' (general) meeting.
In addition, the Supervisory Board has the power to represent the company in the following special cases:
First, when a lawsuit arises between the company and the directors, unless otherwise provided by law, Shen Feng shall be represented by the supervisory authority as a party to the litigation to handle the relevant legal matters.
Second, when the directors themselves or others have negotiations with the company, the board of supervisors shall negotiate with the directors on behalf of the company.
Third, when the supervisor investigates the company's business and financial status and audits the account books and statements, he entrusts lawyers, accountants or other supervisory legal persons on behalf of the company.
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1) To supervise the implementation of the resolutions of the General Assembly and the Articles of Association of the Board of Directors;
2) Supervise and inspect the production and operation of the company, and be responsible for the financial audit and supervision of the company;
3) To supervise the performance of duties by the chairman or members of the board of directors and managers;
4) To submit an annual supervision report to the General Meeting of Members;
5) To make inquiries and suggestions for improvement to the President or the Board of Directors;
6) To propose the convening of an extraordinary general meeting of members;
7) On behalf of the Company, it is responsible for recording the volume (amount) of business transactions between the directors and the Company.
1. What is the relationship between the supervisors and the supervisors of the board of supervisors?
The Board of Supervisors is composed of supervisors elected by the shareholders (general meeting) and supervisors democratically elected by the employees of the company, and is a statutory and permanent organization that supervises the company's business activities and inspects the bank.
Supervisors are members of the company's permanent supervisory authority, also known as "supervisors", who are responsible for supervising the company's financial situation, the performance of the company's senior management, and other supervisory duties stipulated by the company's articles of association.
2. What rights do owners have in property management activities?
1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise;
2) Propose to convene a meeting of the general meeting of owners and make recommendations on matters related to property management;
3) Propose to formulate and revise the management statute and the rules of procedure of the owners' general meeting;
4) Participate in the general meeting of owners and exercise the right to vote;
5) To elect the members of the owners' committee and enjoy the right to be elected;
6) To supervise the work of the owners' committee;
7) Supervise the performance of property service contracts by property service enterprises;
8) The right to know and supervise the use of the common parts of the property, common facilities and equipment, and related sites;
9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds);
10) Other rights provided for by laws and regulations.
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Responsibilities of the Supervisory Board. The Board of Supervisors shall perform the following duties:
1) Decide on the company's business policy and investment plan;
2) To elect and replace directors and decide on matters related to the remuneration of directors;
3) To elect and replace the supervisors appointed by the shareholders' representatives, and to decide on the remuneration of the supervisors;
4) To review and approve the report of the Board of Directors;
5) To review and approve the report of the Board of Supervisors;
6) Review and approve the company's annual financial budget plan and final account plan;
7) Review and approve the company's profit distribution plan and loss recovery plan;
8) To make a resolution on the increase or decrease of the company's registered capital;
9) Make a resolution on the issuance of corporate bonds;
10) To make resolutions on matters such as merger, division, dissolution and liquidation of the company;
11) Amend the articles of association;
12) To make resolutions on the company's employment and dismissal of accounting firms;
1. The duties and powers of the village board of supervisors.
Votes are cast for party activists.
The members of the board of supervisors inform the villagers of all major events in the village in advance, and on the basis of collecting the opinions of the villagers, they supervise and publicize the decision-making and finances of the village committee. In order to further do a good job in democratic supervision, bold reforms have been carried out in the area of intra-party democracy in rural areas -- a voting system has been adopted to recruit party activists, and the specific form is that villagers who have submitted applications for party membership for more than one year will have their party branch and branch committee determine candidates with relatively high quality, and party members will conduct a unified vote, and only those who receive the highest number of votes can be determined as party activists. Prior to this, party activists were determined by the branch committee.
Democratic dismissal of Liyou village officials.
On the basis of the village board of supervisors, the villagers' convening group is like the standing committee of the people's congress, and the villagers' convening group may convene a villagers' meeting to lawfully dismiss some village cadres who are corrupt or inactive.
Villagers convene a group.
The villagers' convening group changed "post-event supervision" to "pre-prevention". The work of the convening group is to inform the villagers of the topics of the meeting in advance, collect the opinions of the villagers extensively, and make democratic decisions on matters in the village. This means that decision-making on major issues in the village is more democratic, and it is not a single person who has the final say.
The villagers' convening group not only plays a role in democratic decision-making, but also activates the recall process for some village cadres who are corrupt or do not act frankly.
2. Who is responsible for the board of supervisors of the company?
The Board of Supervisors of the Company is responsible to the Shareholders' Meeting of the Company, and the supervisors of the Board of Supervisors are elected by the General Meeting of Shareholders.
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1. Articles of Association of the Board of Supervisors.
The articles of association refer to the basic documents formulated by the company in accordance with the law and stipulate the company's name, domicile, business scope, operation management system and other major matters, and are also the necessary written documents of the company to stipulate the basic rules of the company's organization and activities. The articles of association are the unanimous expression of the intention of the shareholders, which set out the basic norms of the company's organization and activities, and are the company's charter. The articles of association of the company have the basic characteristics of legality, authenticity, autonomy and openness.
The articles of association, like the Companies Act, share the responsibility for regulating the activities of the company. As the basic principle of the company's organization and behavior, the articles of association of the company are of great significance to the establishment and operation of the company, which is not only the foundation of the company's establishment, but also the soul of the company's survival.
2. Formulation of the articles of association of the board of supervisors.
The articles of association shall be jointly formulated by the shareholders, and the shareholders shall sign and seal the articles of association with the unanimous consent of all shareholders. Amendments to the Articles of Association must be approved by shareholders representing more than two-thirds of the voting rights. The Articles of Association must contain the following:
Company name and domicile; the company's business scope; Registered capital of the company; the names and titles of the shareholders; rights and obligations of shareholders; the method and amount of capital contribution of shareholders; the conditions for the transfer of capital contributions by shareholders; the formation method, powers and rules of procedure of the company's organization; the legal representative of the company; the reasons for the dissolution of the company and the liquidation method; Other matters that the shareholders deem necessary to prescribe.
The articles of association should contain the following main matters: the registered name and domicile of the company; the company's business scope; How the company is set up; the total number of shares of the company, the amount per share and the registered capital; the name or title of the promoter and the number of shares subscribed; rights and obligations of shareholders; the composition, powers, term of office and rules of procedure of the Board of Directors; the legal representative of the company; the composition, powers, term of office and rules of procedure of the Board of Supervisors; the company's profit distribution method; the reasons for the dissolution of the company and the liquidation method; the Company's Notice and Announcement Measures; Other matters deemed necessary by the general meeting of shareholders.
The articles of association shall be formulated by the promoters and approved by more than half of the voting rights held by the subscribers attending the founding meeting; Amendments to the Articles of Association must be approved by more than two-thirds of the voting rights held by shareholders present at the general meeting.
If the articles of association lack the above-mentioned necessary matters or the content of the articles of association violates the provisions of national laws and regulations, the company registration authority shall require the applicant to amend them; If the applicant refuses to amend, the application for company registration shall be rejected.
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It can be guessed in accordance with laws and regulations.
1.In accordance with the provisions of the Company Law of the People's Republic of China (hereinafter referred to as the "Company Law") and relevant laws and regulations, the company is hereby formulated by the joint capital contribution of other parties (legally contributed by less than 50 shareholders) to establish the company (hereinafter referred to as the company).
2.If the provisions of this charter conflict with the provisions of laws and regulations, the provisions of laws and regulations shall prevail.
3.Company name and domicile Three company names: (Note: The company takes the location of its main office as its domicile, and clearly states the city (district) county, township (village) and street number where it is located. )
4.Article 5 of the company's business scope: (The above business scope is subject to the business license items issued by the registration authority; The business scope and term involved in the license examination and approval shall be subject to the approval of the license examination and approval authority).
1. What is the process of company deregistration?
Take the ** first, and then get the notice.
1.Go to the national tax to get **: fill in, sign, seal, cancel the invoice, and pay the tax according to the requirements of the national tax, it will take back the national tax registration certificate and give you a notice of cancellation of tax registration by the national tax.
2.Take the notice of cancellation of tax registration of the national tax, go to the local tax to get **, and after paying the tax, the local tax registration certificate will be withdrawn and a notice of cancellation of tax registration of the local tax will be given.
3.Take two notices and cancel your bank account.
4.Take the notice to the Industrial and Commercial Bureau to get **, and then return it to the Industrial and Commercial Bureau, and then revoke the business license.
2. What materials are required to deregister the company?
It is necessary for the person in charge to sign the application, and then the legal representative to sign the application, etc.
1.Application for cancellation of registration signed by the person in charge of the liquidation organization of the company;
2.Application for Deregistration of the Company signed by the legal representative of the company;
3.A bankruptcy ruling of a court, a document ordered by an administrative authority to close down, or a resolution or decision made by the company in accordance with the Company Law;
4.Liquidation report confirmed by the shareholders' meeting or relevant authorities;
5.Tax payment certificate issued by the tax department;
6.Proof of account cancellation issued by the bank;
7.The original and copy of the Business License of Enterprise Legal Person; Other documents that laws and administrative regulations provide shall be submitted.
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The functions and powers of the board of supervisors of economic cooperatives usually include: supervising and inspecting the financial status of the cooperative, supervising the duties and behaviors of the chairman of the board of directors, the board of directors, managers and other management personnel, and proposing the convening of an extraordinary general meeting. The purpose of establishing executive supervisors or boards of supervisors is to strengthen the internal supervision of cooperatives and prevent the relevant responsible persons of cooperatives from abusing their powers.
The executive supervisor or the board of supervisors is the supervisory body of the professional farmer cooperatives. Where the farmer professional cooperative Hu Fanghuai Society has an executive supervisor, there is no longer a board of supervisors. The Executive Supervisor or the Board of Supervisors shall be elected by the General Assembly from among the members of the Society and shall be responsible to the General Assembly.
The functions and powers of the executive supervisor or the board of supervisors shall be specified in the articles of association of the cooperative, which usually include: supervising and inspecting the financial status of the cooperative, supervising the duties and behaviors of the chairman of the board of directors, the board of directors, managers and other management personnel, and proposing to convene an extraordinary general meeting. The purpose of establishing executive supervisors or boards of supervisors is to strengthen the internal supervision of cooperatives and prevent the relevant responsible persons of cooperatives from abusing their powers.
In accordance with the provisions of the Law on Professional Farmer Cooperatives, professional farmer cooperatives may set up an executive supervisor or a board of supervisors composed of multiple people, or may not have an executive supervisor or a board of supervisors, but shall be directly supervised by the general meeting of members, so as to reflect the core position and role of members in democratic management. Whether a cooperative has an executive supervisor or a board of supervisors shall be specified in the articles of association as needed, and the term of office and rules of procedure of the executive supervisors or the board of supervisors shall be stipulated in the articles of association.
1. Can a supervisor of the board of supervisors of an economic cooperative serve as an accountant?
No. The person in charge of finance is an executive of the company.
Section 51 of the Companies Act provides:
A limited liability company shall have a board of supervisors, which shall have no less than three members. A limited liability company with a small number of shareholders or a small scale may have one or two supervisors instead of a board of supervisors.
The board of supervisors shall include shareholder representatives and an appropriate proportion of employee representatives of the company, of which the proportion of employee representatives shall not be less than one-third, and the specific proportion shall be stipulated in the articles of association of the company. The employee representatives on the board of supervisors shall be democratically elected by the employees of the company through the employee congress, the employee congress or other forms.
The Board of Supervisors shall have a chairman of the board of directors, who shall be elected by more than half of all supervisors. The Board of Supervisors convenes and presides over the meetings of the Board of Supervisors; If the Supervisors Association is unable to perform its duties or does not perform its duties, more than half of the supervisors shall jointly nominate a supervisor to convene and preside over the meeting of the board of supervisors.
Directors and senior managers shall not concurrently serve as supervisors.
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