Articles of Association of Shenzhen Copyright Society

 

Contents

Chapter 1 General Provisions

Chapter 2 Business Scope

Chapter 3 Members

Chapter 4 Organizational Structure, Election and Dismissal of Executives

Chapter 5 Principles of Asset Management and Use

Chapter 6 Revision Procedure for Articles of Association

Chapter 7 Termination Procedure and Property Disposal after Termination

Chapter 8 Supplementary Provisions

 

Chapter 1 General Provisions

Article 1 The name of the Society is 深圳市版权协会, and its English name is Shenzhen Copyright Society, abbreviated as the SCS.

Article 2 The Society is a nonprofit social organization formed in the principle of voluntariness by enterprises and individuals specializing in publishing of cultural, artistic, software development, audio, video, film and television works in Shenzhen as well as other publishers, communicators, relevant associations, intermediaries and research organizations engaged in literature, artistic and scientific works.

Article 3 The Society observes laws, regulations and policies of the state and is dedicated to copyright protection. The Society guides members in legitimate management, protection and use of copyrights, helps members lift the level of copyright affairs, promotes the development of the copyright industry and propels innovation. The Society is devoted to improving comprehensive competitive strengths and promoting the prosperity of scientific, educational and cultural causes. The Society strengthens the contact, understanding and cooperation between members and the government, shares information and experience, and actively carries out international copyright protection, exchange and cooperation. Besides, the Society promotes members to play a positive role in China’s copyright industry development.

Article 4 The Society is supervised by Shenzhen Intellectual Property Office and accepts the work guidance and supervision of the Civil Affairs Bureau of Shenzhen Municipality and Shenzhen Intellectual Property Office.

Article 5 The office address of the Shenzhen is Room 603, 6F, Building 6, Shenzhen Bay Scientific Ecology Park, Shahe West Road, Nanshan District, Shenzhen.

 

Chapter 2 Business Scope

Article 6 Business Scope of the Society

1. Communicate and promote the Copyright Law and other related laws/regulations, provide copyright information, copyright registration and legal consultation services for members, and protects legitimate rights and interests of members;
2.  Edit and publish the publication, carry out academic research, share the experience of copyright management and use with members, survey developments of the copyright industry, and report industry information to relevant government organs;
3. Organize exchange events in various forms, host professional exhibitions, promote friendly correspondence, exchange and learning between relevant institutions inside/outside the Municipality and the Society; assist the government to carry out popularization and training in respect of intellectual property laws, and improve the quality of people working in the intellectual property industry;
4. Build the SCS website, erect an exchange platform for copyright information, and help members strengthen business exchange and cooperation with copyright organizations in different regions;
5. Perform responsibilities stipulated by laws and regulations of the state and authorized by Shenzhen Intellectual Property Office, and handle other affairs consigned by relevant government organs and members.

 

Chapter 3 Members

Article 7 The members of the Society are divided into enterprise/non-profit organization members, group members and individual members.

1. An enterprise or nonprofit organization member is an enterprise or nonprofit organization that is established and registered in Shenzhen in accordance with laws, has the legal person status, submits a membership application and wins the approval;
2. A group member is an industry association related to the copyright industry that submits a membership application and wins the approval;
3. A personal member is a person who submits a membership application and is an author engaged in literature, art, science, technology, design and media sectors, or a famous expert or scholar in the intellectual property sector or a person working in legislative and copyright affairs.

 

Article 8 Members applying to join the Society must fulfill the following conditions:

1. Uphold and observe the Articles of Association of the Society;
2. Have the will to join the Society;
3. Have certain influence in the copyright area;
4. Organizations and individuals that observe laws and regulations of the state and have a good reputation.

 

Article 9 The procedures for member to join the Society are as follows:

1. Fill and submit a uniform membership application form printed by the Society;
2. Submit the duplicate of the documents proving registration with relevant state organs;
3. The permanent secretariat of the Society reviews the membership application in accordance with the power delegated by the Council and the Articles of Association of the Society and issues a member certificate.

 

Article 10 Members enjoy the following rights:

1. Have the right to elect and be elected as well as the voting right;
2. Enjoy the services offered by the Society;
3. Participate in relevant events organized by the Society;
4. Seek assistance from the Society to safeguard legitimate rights and interests of members, including submission of opinions and policy suggestions about legislation and law enforcement to relevant authorities by means of the Society;
5. Seek assistance from the Society to safeguard legitimate rights and interests of members, including submission of opinions and policy suggestions about legislation and law enforcement to relevant authorities by means of the Society;
6. Join and exit the Society with voluntariness and freedom.

 

Article 11 Members shall perform the following obligations:

1. Observe the Articles of Association of the Society and execute various resolutions and provisions adopted by the Society;
2. Observe industry regulations and standards formulated by the Society;
3. Pay the membership fee pursuant to relevant provisions;
4. Accept instruction, supervision, management and training of the Society, and take on and complete the work consigned by the Society;
5. Provide information and documents on relevant copyright work required for the work of the Society;
6. Safeguard legitimate rights, interests and reputations of the Society;
7. Maintain the unity between members.

 

Article 12 When exiting the Society, a member shall notify the Society in writing and return the member certificate. When a member is true with one of the following circumstances, the Society can terminate his membership, recover the member certificate and announce it on the publication of the Society:

1. Lose the legal person status;
2. Fail to pay the membership fee for more than one year;
3. Fail to participate in events organized by the Society for more than one year.

 

Article 13 When a member commits a serious default on the Articles of Association of the Society, the Society will delist the member, recover the membership certificate and announce it on the publication of the Society after voting and adoption by the Council or the Executive Council. If a member fails to pay the membership fee for one year in succession and refuses to pay it after urged in writing, the member will be deemed to automatically exit the Society.

Article 14 If a member is true with one of the following circumstances, the Society will award the member with a circular of merit, offering of an honorary title or giving of monetary award:

1. Make evident achievements in the copyright business;
2. Actively explore new areas involving copyright affairs of enterprises and nonprofit organizations and make evident achievements;
3. Other circumstances that should be awarded.

 

Chapter 4 Organizational Structure, Election and Dismissal of Executives

Article 15 The supreme authority of the Society is the Members’ Congress, which exercises the following powers:

1. To formulate and revise the Articles of Association of the Society;
2. Elect and dismiss members of the Council and form the Council;
3. Review and approve working reports and financial reports of the Council;
4. Review proposals submitted by the Council, members of the Society and one fifth of the member representatives;
5. Decide termination affairs;
6. Decide other material affairs.

 

Article 16 The Members’ Congress shall be held only when it is attended by more than two thirds of the member representatives, and a resolution of the Members’ Congress shall be invalidated only when more than half of the member representatives vote in favor of the resolution.

Article 17 The Members’ Congress serves a term of 3 years. An early or late reelection that is necessitated in case of a special event shall be voted and adopted by the Council, reported to the business regulator for review and reported to the organization registration and administration authority for approval and consent. Nevertheless, the late reelection shall be no longer than 1 year at maximum.

Article 18 The Society sets up a Council. The Council is the executive agency of the Members’ Congress, leads the Society in doing the daily work during the adjournment of the Members’ Congress, and is responsible to the Members’ Congress.

Article 19 The Council exercises the following authorities:

1. Execute resolutions made by the Members’ Congress;
2. Elect and dismiss the President, the Vice President and the Secretary-General;
3. ​Prepare to hold the Members’ Congress;
4. Report the working status and financial position to the Members’ Congress;
5. Decide absorption and delisting of members;
6. Decide the establishment of working agencies, branches, representative offices and entities;
7. Decide the appointment of the Vice Secretary-General and major leaders of the organs;
8. Lead the institutions of the Society to do the work;
9. Establish internal management systems;
10. Decide other significant affairs.

 

Article 20 The Council shall be democratically elected by the Members’ Congress, and the number of Council members and election procedure shall be decided by the Council that prepares to hold the Members’ Congress. The candidates for the President and the Secretary-General recommended by the business regulator will be natural members of the Council.

Article 21 The Council shall be held only when it is attended by more than two thirds of the members, and a resolution of the Council shall be invalidated only when more than two thirds of the members vote in favor of the resolution.

Article 22 The Council shall hold at least one meeting every year, and the President or the Vice President authorized by the President shall convene and preside over the meeting. In case of a material event, an extraordinary meeting of the Council shall be held as decided by the President or jointly proposed by more than one third of the Council members. Given a special scenario, the meeting can be held in the communication form.

Article 23 The Society sets up an Executive Council. The Executive Council shall be elected by the Council, and the number of members and election procedure of the Executive Council shall be decided by the Council that prepares to hold the Members’ Congress. The number of the members of the Executive Council shall be no more than one third of the number of the Council members. The Executive Council shall exercise the authorities set forth by Items 1, 3, 5, 6, 7, 8 and 9 of Article 18 during the adjournment of the Council, and be responsible to the Council (The number of the members of the Executive Council shall be no more than one third of the number of the Council members). The candidates for the President and the Secretary-General recommended by the business regulator will be natural members of the Executive Council.

Article 24 A meeting of the Executive Council shall be held only when it is attended by more than two thirds of the members of the Executive Council, and a resolution of the Executive Council shall be invalidated only when more than two thirds of the members vote in favor of the resolution.

Article 25 The Executive Council shall hold at least one meeting every half year, and the President or the Vice President authorized by the President shall convene and preside over the meeting. In case of a material event, an extraordinary meeting of the Executive Council shall be held as decided by the President or jointly proposed by more than one third of the Executive Council members. Given a special scenario, the meeting can be held in the communication form.

Article 26 The President, Vice President and Secretary-General of the Society must fulfill the following conditions:

1. Adhere to routes, guidelines and policies of the Party and have good political quality;
2. Have a material influence in the business areas of the Society;
3. The maximum age of the President, Vice President and Secretary-General shall be no higher than 70;
4. Be healthy and capable to work normally;
5. Have received no criminal penalty of being deprived of political rights;
6. Have the full capacity of civil conduct.

 

Article 27 Where the President, Vice President or Secretary-General of the Society is older than the maximum age required to take the position, his assumption of the position shall be voted and adopted by the President, reported to the business regulator for review and reported to the organization registration and administration authority for approval and consent before he takes the position.

Article 28 The President, Vice President and Secretary-General of the Society serve a term of 3 years and may be re-elected to serve for a consecutive term. If it is necessary to extend the term for a special reason, the extension shall be voted and adopted by the more than two thirds of the member representatives at the Members’ Congress, reported to the business regulator for review and reported to the organization registration and administration authority for approval and consent before he takes the position.

Article 29 The President is the legal representative of the Society.

Article 30 The legal representative of the Society shall not concurrently serve as the legal representative of any other association.

Article 31 The President of the Society exercises the following authorities:

1. Convene and preside over meetings of the Council and the Executive Council;
2. Check the implementation status of resolutions made by the Members’ Congress, the Council and the Executive Council;
3. Sign relevant important documents on behalf of the Society.

 

Article 32 The Secretary-General of the Society exercises the following authorities:

1. Lead the working organs to do daily work, and organize the implementation of the annual working plan;
2. Coordinate branches, representative offices and entities to work;
3. Nominate the Deputy Secretary-General and major executives of the working agencies, branches, representative offices and entities, and submit the nominees to the Executive Council for decision;
4. Decide the employment of full-time staff of working agencies, representative offices and entities;
5. handle other daily affairs.

 

Article 33 The Society can employ advisors on an as-needed basis, and the candidates for advisors to the Council for deliberation on and approval.

Article 34 The Society can organize and set up a number of special committees in accordance with related provisions of the state and working needs.

 

Chapter 5 Principles of Asset Management and Use

Article 35 Funding sources of the Society:

1. Membership fees;
2. Donations;
3. Fiscal aids from the government;
4. Income from operating activities or services to the extent of the approved business scope;
5. Interest;
6. Other legal incomes.

 

Article 36 Use of the Society’s funds:

1. Operating activities of the Society;
2. Activities for members organized by the Society;
3. Daily expenditures of the Society.

Article 37 The Society collects membership fees in line with relevant provisions of the state.

1. Form of collection of membership fee: Membership fees paid by members based on their positions in the Society;
2. Fee rate: President: RMB50,000/year, Vice President: RMB10,000/year, Member of Executive Council: RMB5,000/year, Member of Council: RMB2,000, common member of Society: RMB1,000.

Article 38 The expenses of the Society shall be used for the specified business scope and business development of the Society and not be distributed among the members.

Article 39 The Society shall establish a rigorous financial management system and assure the legality, authenticity, accuracy and integrity of accounting documents.

Article 40 The Society shall keep an accountant holding professional certificates. The accountant shall not concurrently serve as the teller. The accountant shall perform accounting activities and implement accounting supervision. When incurring a job change or resigning, the accountant shall complete the handover procedure with the successor.

Article 41 The Society shall implement the financial management system stipulated by the state for asset management, and accept the supervision of the Members’ Congress and the fiscal authority. If an asset comes from the government appropriation or social donation, the Society shall accept the supervision of the audit organ and disclose relevant information to the society in an appropriate manner.

Article 42 Before a reelection or change of the legal representative, the Society shall accept the financial audit organized by the organization registration and administration authority and the business regulator.

Article 43 Any entity or individual shall not poach, distribute in private or embezzle the assets of the Society.

Article 44 The salaries, insurances and fringe benefits of the full-time staff of the Society shall be subject to relevant provisions of the state regarding nonprofit organizations.

 

Chapter 6 Revision Procedure for Articles of Association

Article 45 The revision of the Articles of Association of the Society shall be voted by the Executive Council and then submitted to the Members’ Congress for deliberation.

Article 46 The revised Articles of Association of the Society shall be reported to the business regulator for review and consent within 15 days after adopted by the Members’ Congress and reported to the organization registration and administration organ of the Bureau of Civil Affairs for approval before taking effect.

 

Chapter 7 Termination Procedure and Property Disposal after Termination

Article 47 Where it is necessary to deregister the Society after completion of its objective or due to discretionary dissolution, split, merger or other factors, the Executive Council shall submit a termination proposal.

Article 48 The proposal to terminate the Society shall be voted and adopted by the Members’ Congress and reported to the business regulator for review and consent.

Article 49 Before terminated, the Society shall establish a liquidation organization as instructed by the business regulator and relevant authority, liquidate credits and debts and handle affairs after termination. The Society shall not conduct activities other than liquidation in the liquidation period.

Article 50 The Society shall be terminated immediately after completing the deregistration procedure with the organization registration and administration organ of the Bureau of Civil Affairs.

Article 51 The residual properties of the Society after termination shall be used to develop the causes related to the objective of the Society, as supervised by the business regulator and the organization registration and administration organ of the Bureau of Civil Affairs and governed by relevant provisions of the state.

 

Chapter 8 Supplementary Provisions

Article 52 The Articles of Association was voted and adopted by the Members’ Congress on August 1, 2006.

Article 53 The Executive Council reserves the right to interpret the Articles of Association.

Article 54 The Articles of Association shall take effect after rectified by the organization registration and administration organ of the Bureau of Civil Affairs.