Statute of the ACCF

2015-01-07 05:44| Promulgator:  admin| Read:

Summary: Statute of the ACCF

(Draft)

Chapter 1: General Principles

Article 1: This statute is formulated according to the relevant laws and stipulations of America to strengthen internal management and standardize the operation of the Alliance.

Article 2: The name of the ACCF is:”全美中餐业联盟”,

In English: “ACCF”.

Article 3: The ACCF, according to law, is a professional, voluntarily composed of the Chinese restaurants within the United States of America and the economic organizations relevant to the Chinese dining industry that are dedicated to the realization of common aspirations.

Article 4: The ACCF has no executive position or political orientation.

Chapter 2: Purpose and Scope of Business

Article 5: The purpose of the Council: to promote the sound development of the Chinese dining industry in the USA, to protect the legal rights of the industry, to combine the purchasing power of the Chinese dining industry, to strive for the greatest benefit of the Alliance members, and to establish a platform of cooperation and communication for the Chinese dining industry; to spread China’s culinary culture, to promote mutual understanding between the people of China and the USA, to find a new pattern of relations between great powers, and to contribute to world peace!

Article 7: The Scope of Business for the Alliance includes:

(1) The promotion of communication and cooperation between Alliance Members, the collection, exchange, and publication of professional information at regular intervals, listening to the ideas and suggestions of members, the prompt appeals to functional government departments, the protection of the legal interest of the industry and its members;

(2) Periodically organizing study and exchange between members and between professional counterparts from the mainland, Hong Kong, Macao and Taiwan, continuously promoting sound development of the Chinese dining industry in the USA, expanding Chinese culinary culture;

(3) Organizing professional skills assessments, organizing participation in all kinds of culinary skills performances around the world, issuing Chinese Chef credentials;

(4) Organizing various culinary skills competitions and performances, evaluating Chinese Chefs and restaurants, making recommendations to various associations and publics around the world, actively implementing a branding strategy, and establishing various kinds of Chinese restaurant trademarks;

(5) Actively organizing member participation in various types of forums, seminars, and exhibitions, strengthen horizontal ties, initiating cooperation with various mainstream media of America, and continuously improving the competitive power of the Chinese dining industry;

(6) Establishing a training base for talents in the Chinese culinary arts, actively cultivating management and restaurant personnel, improving the quality of personnel in the Chinese dining industry, and building a talent pool for Chinese cuisine;

7Promptly circulate information concerning changes in policy and law for various regions of the USA, providing consultations concerning the necessary legislation, tax administration, financing, insurance, etc.; Building work relationships with local and county health department, providing corresponding consultations and assisting carrying out regulations and laws from government; strive to avoid malignant penalty or closure and protect legal interests of members; (8) Editing and publishing Alliance conference proceedings, providing an inter-industry communication platform; at the same time, establishing a mechanism for press releases, promptly releasing news bulletins to various types of main-stream media.

(9) Making preparations for establishing a professional foundation to assist the development of weaker members.

Chapter 3: Alliance Members

Article 8: Enterprises engaged in the Chinese dining industry within the USA and the relevant economic organizations could voluntarily apply to become members of the Alliance.

The Alliance is restricted to developing Alliance members within the USA; applications in name of the individual are not accepted.

Article 9: Applicants to the Alliance must fulfill the following requirements:

(1) Support the Statute and obey resolutions of the Alliance;

(2) Belong to the industry or be involved in an enterprise relevant to the industry;

(3) Have a willingness to join the Alliance and serve the industry;

(4) Voluntarily pay the Alliance membership dues.

Article 10: The procedure for becoming an Alliance member is as follows:

(1) Applicants must submit a hard copy of the Alliance application form;

(2) Council will then discuss the application;

(3) Applicants approved by the Council’s deliberation must pay the membership dues

(4) The Council issues the membership certificate to approved applicant.

Article 11: The Alliance Membership Cards are divided into three types: Gold Card, Silver Card, and Ordinary Members, each category has a different amount of authority, and bears different responsibilities; The annual fee for a Gold Card is $1000, the annual fee for a Silver Card is $500, and the annual fee for Ordinary Members is $100.

Article 12: Members of the Alliance are entitled to the following rights:

(1) To attend the Alliance members conference (Members representative convention), to participate in Alliance activities;

(2) The right to vote; the right to be elected is restricted to Gold Card Members

(3) Receive priority for Alliance services

(4) The right to criticize, make suggestions and supervise the work of the Alliance

(5) The right to join and leave the Alliance.

Article 13: The conscientious duties of the Alliance members are as follows:

(1) To observe the Statute of the Alliance;

(2) Carry out the resolutions of the Alliance;

(3) Preserve the legal interests of the alliance;

(4) Pay the membership dues according to regulations;

(5) Complete the work assigned by the alliance;

(6) Report situation and provide the relevant materials to the Alliance.

Article 14: Alliance members are not allowed to use the superiority of the Alliance, in terms of scale of operation or market share, to infringe upon the legal interests of other members or agents engaged in relevant economic activities.

Article 15: should a member leave the Alliance, they should promptly provide written notice to the Alliance, as well as return their membership card, should the member refuse to turn in the card, the Alliance reserves the right to cancel it.

Should a member fail to pay the annual membership fee or should a member continuously abstain from participating in Alliance activities, without authorization, it will be seen as a voluntary withdrawal from the Alliance. With the approval of the council, the Alliance has the right to cancel the credentials of members.

Article 16: Should a member violate the terms of the statute, it is up to the Council to provide criticism and education. Should the criticism and education be ineffective, or should the case be in gross violation, the Council shall raise the issue at the Alliance Members’ Assembly (Members Representative Assembly) where the Alliance will vote on the cancellation of said member’s credentials.

Article 17: the Alliance shall establish a complete register of Members, as well as make timely adjustments to changes in the register.

Chapter 4: institutional Framework and the Appointment and Removal of Officials

Article 18: The highest authoritative body of the Alliance is the Members’ Assembly (Members’ Representative Assembly). The Members’ Assembly (Members’ Representative Assembly) is made up of all members (member representatives), it discusses official business and votes according to secret ballot. The functions and powers of the Members’ Assembly are:

(1) To draft and amend the Statute;

(2) To determine and adjust the scope of business and duties of the Alliance according to the provisions of laws and regulations;

(3) To formulate methods of member representation, electing the Members’ Assembly (Members’ Representative Assembly) and the Council, electing and dismissing members of the Council and supervisors, and electing and dismissing the President of the Council (Chairman), the Vice President of the Council (Vice-Chairman), and the Supervisor; The Alliance Secretary shall be appointed by the Council, which is not enrolled in elective or dismissive procedures, however can be dismissed by a declaration of the Council;

(4) To draft and amend the criterion of the membership fee;

(5) To define and amend administrative measures for embranchment and representative organizations;

(6) To listen to and deliberate the work reports, financial reports and other special reports of the Council;

(7) To accept and hear cases of members’ complaint, ideas, suggestions, changes or annuls the improper decisions of the Council;

(8) To determine matters of dissolution, separation, consolidation and termination of the Alliance;

(9) To determine other matters of significance

Article 19: The Alliance Members’ Assembly (Members’ Representative Assembly) convenes once a year. At the convention of the Members’ Assembly (Members’ Representative Assembly) more than 2/3 of the members (member representatives) must be in attendance for the Chairman to convene. Should more than half the Council members or more than 1/5 of the members (member representatives) propose, a temporary Members’ Assembly may convene.

Article 20: The Council President and Vice-President shall not be from the same enterprise; the Alliance President (Chairman) may not hold a position as the Chairman another association; the Secretary of the Alliance is a full time position.

Article 21: Decisions made by the Members’ Assembly (Members’ Representative Assembly) must receive over 50% of the members’ (members’ representatives) votes to become effective. However, matters (1), (3), (6), and (8) referred to in Article 18 require 2/3 of the members’ votes.

Article 22: Members’ Assembly (Members’ Representative Assembly) every 2 years is one term, should it be necessary, under special circumstances, to hold in advance or postpone a change of term in office, it must be approved by a vote of the Council, the longest allotted postponement cannot exceed 1 year.

Article 23: The Council is the executing agency of the Members’ Assembly (Members’ Representative Assembly), it shall carry out the daily work of the Assembly during periods between conventions of Members’ Assembly (Members’ Representative Assembly), and it shall serve the Members’ Assembly (Members’ Representative Assembly).

Article 24: the functions and powers of the Council are as follows:

(1) To carry out the decisions of the Members’ Assembly (Members’ Representative Assembly);

(2) To appoint or dismiss the alliance Secretary;

(3) To make preparations for the convention of the Members’ Assembly (Members’ Representative Assembly);

(4) To report on the work and financial conditions to Members’ Assembly (Members’ Representative Assembly);

(5) To determine the assimilation of the Alliance members;

(6) To determine the establishment of the administrative bodies, branches, representative bodies and entity bodies;

(7) To appoint or dismiss the Vice Secretary, and the head officials of each body;

(8) To lead the carrying out of duties of each organization of the Alliance;

(9) To enact an internal system of controls;

(10) To determine other matters of significance.

Article 25: The Council shall be made up of an odd number of members; the number of members on the Council must not exceed 1/3 of the number of members (member representatives). Council members can continue to hold office for consecutive terms if re-elected. At least two-third of the Council members must be in attendance for a Council meeting to be convened, in which decision must be passed by a vote of over 50% of the present Council members to be effective.

The Secretary is to attend Council meetings as a non-voting member.

Article 26: Every year the Council must convene at least once; under special circumstances, the Council may also convene via correspondence.

Article 27: The Alliance establishes an Executive Board, members of the board are elected by the Council, the can hold consecutive terms if re-elected. When the Council is not in session, the Executive Board assumes the functions and powers indicated in Article 24, paragraphs 1, 3, 5, 6, 7, 8, and 9, and assumes the responsibilities of the Council.

The Executive Board should be composed of an odd number of members, the totality of which should not exceed 1/3 of the members of the Council.

Article 28: At least 2/3 of the Board members must be in attendance for the Executive Board to convene, in which decision must be passed by a vote of over 50% of the entirety of the Board members to be effective.

Article 29: must meet at least twice a year, under special circumstances, the Board may also convene via correspondence.

The Secretary is to attend Board meetings as a non-voting member.

Article 30: The Alliance Council President (Chairman). Vice-President (Vice-Chairman) and the Secretary must abide by the following conditions:

(1) possess a strong awareness of public interest, possess well-rounded views;

(2) be influential within the scope of business of the Alliance, be of noble character and high prestige;

(3) must possess network resources within political and business circles of the USA and China;

(4) be in good health, be qualified for regular work;

(5) must not be over the age of 70 to take office. The Secretary is a full-time position and may not exceed 60 years of age;

() possess full capacity for civil conduct

( )××××××××××××。

Article 31: Should the Alliance Council President (Chairman), Vice President (Vice Chairman), or Secretary exceed the age limit, a vote of approval must be passed by the Council;

Article 32: The Alliance Council President (Chairman), Vice President (Vice Chairman) serve a two-year term in office, consecutive terms must not exceed 2 terms. Should special circumstances necessitate an extension in the term in office, Members’ Assembly (Members’ Representative Assembly) must pass a 2/3 vote of approval.

Article 33: Council President (Chairman) acts as the legal representative for the Alliance. Should special circumstance require the Vice President (Vice Chairman) or the Secretary to act as the legal representative, it should be reported to the Alliance Council and approved beforehand; the legal representative for the Alliance may not hold any additional post as legal representative for any other organization.

Article 34: The Functions and Powers of the Council President (Chairman) are to be exercised as follows:

(1) Preside over the Members’ Assembly (Members’ Representative Assembly), convene and preside over the Council and the Executive Board;

(2) Supervise and inspect the resolutions and working conditions of the Members’ Assembly (Members’ Representative Assembly), the Council and the Executive Board;

(3) Represent the Alliance in the signing of important documents;

(4) Nominate candidates for appointments for Secretary, submit to the Council for decisions;

(5) Other functions and powers as conferred upon by the Council.

Article 35: The functions and powers of the Secretary are as follows:

(1) To preside over the daily operations of the Assembly and organize the implementation of the annual working plan;

(2) Coordinate the work of administrative bodies, branches, representative bodies, and entity bodies;

(3) Nominate a deputy secretary and head officials for each of the administrative bodies, branches, representative bodies and entity bodies; submit nominations to the Alliance Council and the Executive Board for resolutions;

(4) Be responsible for hiring full-time staff for the administrative bodies, branches, representative bodies and entity bodies;

(5) Manage other daily activities.

Article 36: The Assembly is to appoint 5 people as a Board of Supervisors (the Board of Supervisors shall consist of 5 people), and members of the Council shall not serve on the Board of Supervisors. Supervisors are to be elected by the members (member representatives), and to attend meetings of the Council and the Executive Board as non-voting members; the number of supervisors is to be determined according to the development circumstances of the Alliance. The functions and powers of the Board of Supervisors (Supervisors) are to be exercised as follows:

(1) Provide an annual report to the Members’ Assembly (Members’ Representative Assembly).

(2) Supervise the election and dismissal of the Members’ Assembly (Members’ Representative Assembly) and the Council; Supervise the enactment of Members’ Assembly (Members’ Representative Assembly) resolutions by the Council and the Executive Board.

(3) Inspect the finance and accounting data of the Alliance;

(4) Supervise the Council’s and the Executive Board’ abidance to the law and Statute, and has the right to address inquiries and provide suggestions. Should the actions of officials such as the Council President (Chairman)Vice President (Vice Chairman), Directors and Secretary damage the interests of the Assembly, there is the right of redress, on this occasion a report must be made to the Members’ Assembly (Members’ Representative Assembly).

Supervisors must abide by the relevant laws and articles of this Statute, accept the leadership of the Members Assembly, and execute their duties in earnest.

Article 37: The Alliance Members’ Assembly (Members’ Representative Assembly), the Council, and the Executive Board shall create summaries of conference discussions, as well as inform all members. Failure to make such summaries will render the proceedings null and void.

Chapter 5: Asset management and rules of application

Article 38: The Assembly’s sources of funding include:

(1) membership fees;

(2) donations and sponsorships;

(3) government subsidies;

(4) income from activities or services within the authorized scope of business;

(5) interest;

(6) other legal income;

Each income and practical circumstance of the Alliance is to be supervised by the Board of Supervisors.

Article 39: membership fees are collected according to the standards determined by the Members’ Assembly.

Article 40 The Alliance accepts donations ipso jure, as well as property donated upon the will of donators. Donators can inquire as to the property management and service conditions of the Assembly.

Article 41: The Alliance assets must be employed within the scope of business and enterprise development as stipulated by the Statute, administrative staff, working staff or member of the Alliance may not embezzle or partition privately the assets of the Alliance.

Article 42: The Alliance follows the ”Civil Non-Profit Organization Accounting System” and other rules stipulated by the federal and Florida state accounting system, and proceeds with accounting according to law. The Alliance supervises accounting strictly to guarantee the legality, authenticity, accuracy and completeness of accounting data.

Article 43: The Alliance accountants must possess professional qualifications. Accountants may not hold additional post as cashiers. Accounting staff must conduct financial accounting, and implement accounting supervision. Should accounting staff transfer or leave work, they must handover procedures to replacement staff.

Article 44: The asset management of the Alliance follows the rules stipulated by the federal and Florida state financial control system, accepts the supervision of the Members’ Assembly (Members’ Representative Assembly) and the board of supervisors, as well as reports in a suitable way the relevant circumstances to the Alliance members.

Article 45: If the Alliance Council changes terms or changes legal representatives, a financial audit must be conducted according to the relevant regulations.

Article 46: The Alliance’s full time working staff shall employed by appointment, in which wages, insurance, and social benefits are determined by the Council in reference to the relevant federal and Florida state regulations. The Alliance and employees must conclude and sign an employment contract, which clarifies relationship of rights and obligations.

Chapter 6: Procedures for Amending the Statute

Article 47: An amendment to the Alliance Statute must be passed by a vote of approval by the Members’ Assembly (Members’ Representative Assembly).

Article 48: Amendments to he Alliance Statute must go into effect within 15 days of Members’ Assembly (Members’ Representative Assembly) vote of approval.

Chapter 7: Termination Procedures and Post-Termination Management of Assets

Article 49: Should the Alliance complete its purpose or dissolves voluntarily or is cancelled because of separation or consolidation, it is up to the Council to propose a motion for termination.

Article 50: A motion for termination of the Alliance must be passed by a vote of approval from the Members’ Assembly (Members’ Representative Assembly).

Article 51: Before the Assembly is terminated, the Board of Supervisors and the Council must set up a liquidation group to settle claims and debts and duly handle matters concerning reconstruction. During the period of liquidation said parties may not be involved in other activities.

Article 52: The Alliance shall apply to the registration management authorities for a cancellation of registration procedure within 15 days of the end of the liquidation period. The Assembly can be terminated immediately after undergoing the registration cancellation procedure of the registration management authorities.

Article 53: Assets remaining after the termination of the Assembly shall be used to develop enterprises relevant to the purpose of the Assembly.

Article 54:

The Statute became effective by a vote of approval at the second preparatory meeting of the Alliance.

The Statute takes effect on the day permission granted by the Florida State government.

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