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In accordance with the provisions of the Law on Professional Farmer Cooperatives, the articles of association of professional farmer cooperatives shall at least contain the following matters: name and domicile; Scope of business; Membership and admission, withdrawal and removal; the rights and obligations of members; Organizational structure and its formation method, powers, term of office, rules of procedure; the method and amount of capital contribution of the members; financial management and earnings distribution, loss treatment; Procedures for amending the Articles of Association; Reasons for dissolution and liquidation methods; Announcements and release methods;Other matters that need to be specified.
The Law on Professional Farmer Cooperatives entrusts all matters that can be stipulated by the charter to the charter, which fully embodies the principle of allowing farmers to be autonomous in the development of professional cooperatives, and leaves a large space for the autonomy of professional farmer cooperatives. In the practice of the operation of professional farmer cooperatives, there will also be some matters that are not specifically stipulated in the Law on Professional Farmer Cooperatives or other laws and regulations, or do not make prohibitive provisions. In order to institutionalize the operation of cooperatives, cooperatives should also make corresponding provisions in their articles of association according to their own needs for matters that are not specifically provided for by laws and regulations.
At the same time, cooperatives will encounter many new problems in the process of development, and they also need to make provisions through the articles of association and constantly improve the relevant systems. The provisions of the articles of association on these contents can make the specific system of professional farmer cooperatives more perfect, which is also an important embodiment of the implementation of the Law on Professional Farmer Cooperatives.
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Some. The articles of association of professional farmer cooperatives shall specify the following matters:
a) Name and domicile;
2) Scope of business;
3) Membership and membership, withdrawal and expulsion;
4) the rights and obligations of members;
5) The organizational structure and its method of formation, powers, term of office, and rules of procedure;
6) The method and amount of the member's capital contribution, and the transfer, inheritance and guarantee of the member's capital contribution;
7) Financial management and surplus distribution, loss treatment;
8) Procedures for amending the Articles of Association;
9) the reasons for dissolution and liquidation methods;
10) Announcements and methods of publication;
11) the establishment, method and scope of the exercise of additional voting rights;
12) Other matters that need to be specified.
Legal basis: Article 15 of the Law of the People's Republic of China on Professional Farmer Cooperatives Article 15 The articles of association of professional farmer cooperatives shall contain the following matters:
a) Name and domicile;
2) Scope of business;
3) Membership and membership, withdrawal and expulsion;
4) the rights and obligations of members;
5) The organizational structure and its method of formation, powers, term of office, and rules of procedure;
6) The method and amount of the member's capital contribution, and the transfer, inheritance and guarantee of the member's capital contribution;
7) Financial management and surplus distribution, loss treatment;
8) Procedures for amending the Articles of Association;
9) the reasons for dissolution and liquidation methods;
10) Announcements and methods of publication;
11) the establishment, method and scope of the exercise of additional voting rights;
12) Other matters that need to be specified.
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Legal Analysis: Yes. The articles of association of professional farmer cooperatives shall specify the following matters:
a) Name and domicile;
2) Scope of business;
3) Membership and membership, withdrawal and expulsion;
4) the rights and obligations of members;
5) The organizational structure and its method of formation, powers, term of office, and rules of procedure;
6) The method and amount of the member's capital contribution, and the transfer, inheritance and guarantee of the member's capital contribution;
7) Financial management and surplus distribution, loss treatment;
8) Procedures for amending the Articles of Association;
9) the reasons for dissolution and liquidation methods;
10) Announcements and methods of publication;
11) the establishment, method and scope of the exercise of additional voting rights;
12) Other matters that need to be specified.
Legal basis: Article 15 of the Law of the People's Republic of China on Professional Farmer Cooperatives Article 15 The articles of association of professional farmer cooperatives shall contain the following matters:
a) Name and domicile;
2) Scope of business;
3) Membership and membership, withdrawal and expulsion;
4) the rights and obligations of members;
5) The organizational structure and its method of formation, powers, term of office, and rules of procedure;
6) The method and amount of the member's capital contribution, and the transfer, inheritance and guarantee of the member's capital contribution;
7) Financial management and surplus distribution, loss treatment;
8) Procedures for amending the Articles of Association;
9) the reasons for dissolution and liquidation methods;
10) Announcements and methods of publication;
11) the establishment, method and scope of the exercise of additional voting rights;
12) Other matters that need to be specified.
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Answer: To apply for the establishment of a professional farmer cooperative, the following documents shall be submitted to the registration authority by the representative designated by all the founders or the person entrusted by the person in the closed chain: (1) Application for establishment and registration; (2) The minutes of the founding meeting signed and sealed by all the founders; (3) The articles of association signed and sealed by all the founders; (4) Documents and proof of identity of the legal representative and director; (5) A list of capital contributions that clearly states the names of the members, the method of capital contribution, the amount of capital contributions, and the total amount of capital contributions of the members, and is confirmed by the signatures and seals of all the members of the capital; (Liujiaoshan) a roster of members showing the names of the members, the number of the citizenship or registration certificate and the address of the members, as well as the identity certificates of the members; (7) Proof of the use of the domicile that can prove that the professional farmer cooperatives have the right to use their domiciles; (8) Proof of the designation of representatives or entrusting persons by all founders.
If the business scope of a professional farmer cooperative is a project that is required to be approved before registration as stipulated by laws, administrative regulations or regulations, the relevant approval documents shall be submitted.
Upgrading demonstration societies should apply to the Ministry of Agriculture.
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