Relevant procedures, laws and regulations of photography association registration

1989101October 25th, People's Republic of China (PRC) the State Council No.250 was issued.

From the date of promulgation)

Chapter I General Principles

Article 1 These Regulations are formulated for the purpose of protecting citizens' freedom of association, safeguarding the legitimate rights and interests of social organizations, strengthening the registration management of social organizations and promoting the construction of socialist material and spiritual civilization.

Article 2 The term "social organizations" as mentioned in these Regulations refers to non-profit social organizations voluntarily formed by China citizens to carry out activities in accordance with their articles of association in order to achieve the consent of their members.

Organizations other than state organs can join social organizations as unit members.

Article 3 The establishment of social organizations shall be examined and approved by the competent business unit and registered in accordance with the provisions of these Regulations. Social organizations shall have the qualifications of legal persons.

The following organizations do not fall within the scope of registration stipulated in these regulations:

(1) People's organizations participating in the China People's Political Consultative Conference;

(two) the establishment of an organization approved by the administrative organ in the State Council is exempted from registration with the approval of the State Council;

(three) approved by the unit, established within the organs, organizations, enterprises and institutions, and activities within the unit.

Article 4 Social organizations must abide by the Constitution, laws, regulations and national policies, and may not oppose the basic principles set by the Constitution, endanger national unity, security and national unity, harm national interests, social interests and the legitimate rights and interests of other organizations and citizens, or violate social morality.

Social organizations are not allowed to engage in profit-making business activities.

Article 5 The State protects social organizations from carrying out activities in accordance with laws, regulations and their articles of association, and no organization or individual may illegally interfere.

Article 6 The civil affairs departments of the State Council and local people's governments at or above the county level are the administrative organs for the registration of social organizations of the people's governments at the corresponding levels (hereinafter referred to as the administrative organs for registration).

Relevant departments of the State Council, relevant departments of local people's governments at or above the county level and organizations authorized by the State Council are the competent business units of social organizations in related industries, disciplines or business scope (hereinafter referred to as the competent business units).

Where laws and administrative regulations provide otherwise for the supervision and management of social organizations, such provisions shall prevail.

Chapter II Governance

Seventh national social organizations, by the the State Council registration authority is responsible for the registration management; Local social organizations are registered and managed by the registration authority of the local people's government; Social organizations across administrative regions shall be registered and managed by the registration administration organ of the people's government at the next higher level.

Article 8 If the registration authority and the competent business unit are not in the same place as the domicile of the social organization under their jurisdiction, they may entrust the registration authority and the competent business unit of the domicile of the social organization to be responsible for supervision and management within the scope of entrustment.

Chapter III Registration of Establishment

Article 9 An application for the establishment of a social organization shall be examined and approved by the competent business unit, and the promoters shall apply to the registration authority for preparation. Article 10 To form a social organization, the following conditions shall be met:

(a) there are more than 50 individual members or more than 30 unit members; Individual members and unit members are mixed, and the total number of members shall not be less than 50;

(2) Having a standardized name and corresponding organization;

(3) Having a fixed residence;

(4) Having full-time personnel suitable for its business activities;

(5) It has legal assets and sources of funds. The funds for activities of national social organizations are more than 654.38 million yuan, and the funds for activities of local social organizations and cross-administrative social organizations are more than 30,000 yuan;

(6) Having the ability to bear civil liability independently. The names of social organizations shall conform to the provisions of laws and regulations and shall not violate social morality. The name of a social organization should be consistent with its business scope, membership distribution and activity area, and accurately reflect its characteristics. The names of national social organizations with the words "China", "National" and "China" shall be approved in accordance with the relevant provisions of the state, and the names of local social organizations shall not be preceded by the words "China", "National" and "China".

Eleventh to apply for the establishment of a social organization, the promoters shall submit the following documents to the registration authority:

(1) Preparing an application;

(two) the approval documents of the competent business unit;

(3) capital verification report and proof of the right to use the place;

(4) Basic information and identity certificates of the promoters and the person-in-charge to be appointed;

(5) Draft articles of association.

Article 12 The registration authority shall, within 60 days from the date of receiving all valid documents listed in Article 11 of these Regulations, make a decision on whether to approve or disapprove the preparation; If it is not approved, it shall explain the reasons to the promoters.

Thirteenth in any of the following circumstances, the registration authority shall not approve the preparation:

(a) there is evidence to prove that the purpose and business scope of the social organization applying for preparation do not conform to the provisions of Article 4 of these regulations;

(two) there are already social organizations with the same or similar business scope in the same administrative area, and it is unnecessary to set up them;

(3) The promoter or the person-in-charge to be appointed is being or has been subjected to criminal punishment of deprivation of political rights, or does not have full capacity for civil conduct.

(four) practicing fraud in the preparation of the application;

(5) Other circumstances prohibited by laws and administrative regulations.

Article 14 A social organization to be established shall, within six months from the date of approval of the establishment by the registration authority, convene a general meeting or a general meeting of members, adopt articles of association, produce an executive body, a responsible person and a legal representative, and apply to the registration authority for establishment registration. During the preparation period, no activities other than preparation shall be carried out.

The legal representative of a social organization may not be the legal representative of other social organizations at the same time.

Article 15 The articles of association of a social organization shall include the following contents:

(1) Name and domicile;

(2) Purpose, business scope and activity area;

(3) Members and their rights and obligations;

(4) a democratic organizational management system and the procedures for the formation of executive organs;

(five) the conditions of the person in charge and the procedures for the generation and recall;

(six) the principles of asset management and use;

(7) Procedures for amending the Articles of Association;

(8) Termination procedures and disposal of assets after termination;

(nine) other matters that should be stipulated in the articles of association. Article 16

The registration administration organ shall complete the examination within 30 days from the date of receiving the registration application and relevant documents of the social organization that has completed the preparatory work. For social organizations not listed in Article 13 of these regulations, if the preparatory work meets the requirements and the articles of association are complete, they shall be registered and issued with the Certificate of Registration of Social Organizations as Legal Persons. Registration items include:

(1) name;

(2) domicile;

(3) Purpose, business scope and activity area;

(4) Legal representative;

(5) Activity funds;

(6) the competent business unit. If registration is not granted, the applicant shall be informed of the decision not to register.

Seventeenth social organizations that have obtained legal person status according to law from the date of approval shall file with the registration authority within 60 days from the date of approval. The registration administration organ shall, within 30 days from the date of receiving the filing documents, issue the Registration Certificate of Social Organizations as Legal Persons. The filing matters of social organizations, in addition to the matters listed in Article 16 of these regulations, shall also include the approval documents issued by the competent business unit according to law.

Article 18 Social organizations shall apply for engraving seals and opening bank accounts with the Registration Certificate of Social Organizations as Legal Persons. Social organizations shall report the seal style and bank account number to the registration authority for the record.

Article 19 If a social organization intends to establish a branch or representative office after its establishment, it shall, with the approval of the competent business unit, submit the name, business scope, place, principal responsible person and other documents of the branch or representative office to the registration authority and apply for registration.

Branches and representative offices of social organizations are components of social organizations and do not have legal personality. It shall, in accordance with the purpose and business scope stipulated in the articles of association of the social organization to which it belongs, carry out activities and develop members within the scope authorized by the social organization. Branches of social organizations may not set up branches again. Social organizations shall not set up regional branches.

Chapter IV Registration of Change and Cancellation of Registration

Article 20 If the registered items and filing items of social organizations need to be changed, they shall apply to the registration authority for registration and filing of change (hereinafter referred to as registration of change) within 30 days from the date of examination and approval by the competent business unit. Social organizations shall, within 30 days from the date of examination and approval by the competent business unit, report to the registration authority for approval.

Twenty-first social organizations under any of the following circumstances shall apply to the registration authority for cancellation of registration for the record (hereinafter referred to as cancellation of registration) after being examined and approved by the competent business unit:

(a) to complete the purpose stipulated in the articles of association of social organizations;

(2) dissolving by itself;

(3) Division or merger;

(4) Termination for other reasons.

Twenty-second social organizations shall, under the guidance of the competent business units and other relevant organs, set up a liquidation organization to complete the liquidation work before going through the cancellation of registration. During the liquidation period, social organizations shall not carry out activities other than liquidation.

Twenty-third social organizations shall, within 05 days from the date of liquidation, go through the cancellation of registration with the registration authority. For cancellation of registration, the application for cancellation of registration signed by the legal representative, the examination documents of the competent business unit and the liquidation report shall be submitted. If the registration authority approves the cancellation of registration, it shall issue a cancellation certificate and collect the registration certificate, seal and financial voucher of social organizations.

Twenty-fourth social organizations to cancel their branches and representative offices, after the approval of the competent business unit, the cancellation procedures. If a social organization is cancelled, its branches and representative offices shall be cancelled at the same time.

Twenty-fifth social organizations to dispose of the remaining property after cancellation, in accordance with the relevant provisions of the state.

Article 26 The establishment, cancellation or change of name, domicile and legal representative of a social organization shall be announced by the registration authority.

Chapter V Supervision and Administration

Article 27 The registration administration organ shall perform the following duties of supervision and administration:

(a) responsible for the registration or filing of the establishment, alteration and cancellation of social organizations;

(two) the implementation of the annual inspection of social organizations;

(three) to supervise and inspect the acts of social organizations in violation of these regulations, and to impose administrative penalties on the acts of social organizations in violation of these regulations.

Twenty-eighth business units shall perform the following duties of supervision and management:

(1) To be responsible for the preparation, establishment registration, change registration and cancellation registration of social organizations;

(two) to supervise and guide social organizations to abide by the Constitution, laws, regulations and national policies, and to carry out activities in accordance with their articles of association;

(three) responsible for the preliminary examination of the annual inspection of social organizations;

(four) to assist the registration authority and other relevant departments to investigate and deal with illegal acts of social organizations;

(five) in conjunction with the relevant competent departments to guide the liquidation of social organizations.

The competent business unit shall perform the duties specified in the preceding paragraph and shall not charge fees from social organizations.

Article 29 The sources of assets of social organizations must be legal, and no unit or individual may occupy, privately divide or misappropriate the assets of social organizations.

The funds of social organizations, as well as the legitimate income obtained from carrying out the activities stipulated in the articles of association in accordance with the relevant provisions of the state, must be used for the business activities stipulated in the articles of association and shall not be distributed among members.

When accepting donations and subsidies, social organizations must conform to the purpose and business scope stipulated in the articles of association, and must use them in accordance with the time limit, methods and statutory purposes agreed with donors and sponsors. Social organizations shall report the acceptance and use of donations and subsidies to the competent business units, and publish relevant information to the public in an appropriate way.

The wages and insurance benefits of full-time staff of social organizations shall be implemented with reference to the relevant provisions of the state on institutions.

Thirtieth social organizations must implement the financial management system stipulated by the state and accept the supervision of the financial department; If the source of assets belongs to state grants or social donations or subsidies, it shall also accept the supervision of audit institutions.

Before a social organization changes its legal representative, the registration authority and the competent business unit shall organize a financial audit.

Article 31 A social organization shall submit the work report of the previous year to the competent business unit before March 3 1 every year, and submit it to the registration authority for annual inspection before May 3 1 after preliminary examination by the competent business unit. The contents of the work report include: the compliance of this social group with laws, regulations and national policies, the performance of registration procedures in accordance with these regulations, the activities carried out in accordance with the articles of association, the changes in personnel and institutions, and the financial management.

The registration authority shall simplify the contents of the annual inspection of social organizations that have obtained the Registration Certificate of Social Organizations as Legal Persons in accordance with the provisions of Article 17 of these regulations.

Chapter VI Punishment Rules

Article 32 If a social organization obtains registration by fraud when applying for registration, or fails to carry out activities 1 year after obtaining the Registration Certificate for Social Organizations as Legal Persons, the registration authority shall cancel its registration.

Thirty-third social organizations in any of the following circumstances, by the registration authority to give a warning, ordered to make corrections, can stop activities within a time limit, and can be ordered to replace the directly responsible person in charge; If the circumstances are serious, the registration shall be revoked; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Altering, leasing or lending the registration certificate of a social organization as a legal person or leasing or lending the seal of a social organization;

(two) to carry out activities beyond the purpose and business scope stipulated in the articles of association;

(3) refusing or failing to accept supervision and inspection in accordance with regulations;

(four) do not go through the registration of change in accordance with the provisions;

(5) Setting up branches and representative offices without authorization, or neglecting the management of branches and representative offices, thus causing serious consequences;

(6) engaging in profit-making business activities;

(7) Embezzling, dividing up, misappropriating the assets of social organizations or accepting donations and subsidies;

(eight) in violation of the relevant provisions of the state to collect fees, raise funds or accept and use donations and subsidies.

If the acts specified in the preceding paragraph have illegal business turnover or illegal income, they shall be confiscated and may be fined more than 3 times and less than 3 times the illegal income.

Thirty-fourth activities of social organizations that violate other laws and regulations shall be dealt with by the relevant state organs according to law; If the relevant state organ considers that the registration should be cancelled, the registration administration organ shall cancel the registration.

Thirty-fifth without approval, or without registration, without authorization to carry out activities in the name of a social organization, the social organization whose registration has been revoked continues to carry out activities in the name of a social organization, which shall be banned by the registration administration organ and its illegal property shall be confiscated; If the case constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be given administrative penalties for public security according to law.

Thirty-sixth social organizations are ordered to stop their activities within a time limit, and the registration authority shall seal up the registration certificate, seal and financial vouchers of social organizations as legal persons. If a social organization cancels its registration, the registration administration organ shall collect the Registration Certificate of Social Organization as a Legal Person and its seal.

Thirty-seventh staff of the registration authority and the competent business unit abuse their powers, engage in malpractices for selfish ends, neglect their duties, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Chapter VII Supplementary Provisions

Thirty-eighth social organizations as legal persons registration certificate shall be formulated by the civil affairs department of the State Council.

Social organizations shall not charge any fees for annual inspection.

Thirty-ninth social organizations established before the implementation of this Ordinance shall apply for re-registration in accordance with the relevant provisions of this Ordinance within 1 year from the date of implementation of this Ordinance.

Article 40 These Regulations shall come into force as of the date of promulgation. 1989 10 the regulations on the registration and management of social organizations issued by the State Council shall be abolished at the same time.