Measures of Shanghai Municipality on Implementing the Law of People's Republic of China (PRC) Municipality on Farmers' Specialized Cooperatives

Chapter I General Provisions Article 1 In order to standardize the organization and behavior of farmers' professional cooperatives in this Municipality, protect the legitimate rights and interests of farmers' professional cooperatives and their members, encourage, support and guide the high-quality development of farmers' professional cooperatives, effectively promote the construction of rural "beautiful homeland", "Green Garden" and "Happy Paradise" projects in this Municipality, and promote the implementation of rural revitalization strategy, Article 2 These Measures are applicable in accordance with the Law of People's Republic of China (PRC) on Farmers' Professional Cooperatives and other relevant laws and administrative regulations, and in combination with the actual situation of this Municipality.

The term "farmers' professional cooperatives" as mentioned in these Measures refers to the mutual-aid economic organizations that producers and operators of agricultural products or providers and users of agricultural production and operation services voluntarily unite and democratically manage on the basis of contracted management by farmers. Article 3 Farmers' professional cooperatives shall establish party organizations in accordance with the articles of association of the Producers' Party of China and the internal laws and regulations of the Party. Farmers' professional cooperatives shall provide necessary conditions for the activities of party organizations. Article 4 The municipal and district people's governments shall incorporate the development of farmers' professional cooperatives into the national economic and social development plan, establish and improve the financial input and funding guarantee mechanism, and formulate policies and measures to promote the development of farmers' professional cooperatives.

This Municipality shall establish a comprehensive coordination mechanism for farmers' professional cooperatives, make overall plans and coordinate, study and solve major problems in the development of farmers' professional cooperatives, and promote the construction and development of farmers' professional cooperatives. Fifth city, district agricultural and rural departments and Township People's governments shall be responsible for the guidance, support, service and supervision of farmers' professional cooperatives within their respective administrative areas.

Municipal and district development and reform, finance, economic informatization, market supervision, commerce, science and technology, finance, taxation, planning resources, human resources and social security, education, grain and material reserves, forestry, water affairs, ecological environment and other departments shall, in accordance with the division of responsibilities, jointly promote the development of farmers' professional cooperatives. Article 6 This Municipality supports the high-quality development of farmers' professional cooperatives, innovates cooperation modes and mechanisms, and expands the business contents and fields of farmers' professional cooperatives; Encourage farmers' professional cooperatives closely related to the same industry or industry to cooperate and unite voluntarily. Article 7 This Municipality shall fully implement the national strategy of regional integration development in the Yangtze River Delta, establish cooperation mechanisms with relevant provinces in the Yangtze River Delta to promote the development of farmers' professional cooperatives, and promote the complementary advantages and coordinated development of farmers' professional cooperatives in the Yangtze River Delta; Encourage farmers' professional cooperatives to cooperate with farmers' professional cooperatives in other parts of China to promote international exchanges. Chapter II Establishment and Operation Article 8 The establishment of a farmers' professional cooperative shall apply to the market supervision department for registration according to law, and obtain the business license of the farmers' professional cooperative as a legal person. Those who have not been legally registered and obtained a business license shall not engage in production and business activities in the name of farmers' professional cooperatives.

Where the legal registration items such as the name, total investment of members and legal representative of farmers' professional cooperatives are changed, it shall apply to the original registration authority for registration of change within 30 days from the date of making the change resolution. Ninth farmers' professional cooperatives take their members as the main service targets and carry out one or more of the following businesses:

(1) purchasing and using agricultural means of production;

(2) Planting, aquaculture and fishery production;

(3) Production, sale, processing, transportation, storage and other related services of agricultural products;

(four) agricultural machinery operation and maintenance services;

(five) the development and management of rural folk handicrafts and products, leisure agriculture and rural tourism resources;

(six) technology, information, facilities construction and business services related to agricultural production and operation. Article 10 The articles of association for the establishment of farmers' professional cooperatives shall be formulated according to law and unanimously adopted by all promoters. The business norms formulated by farmers' professional cooperatives can be used as annexes to the articles of association.

Encourage farmers' professional cooperatives to use the model text of the articles of association. The municipal agricultural and rural departments shall, jointly with the municipal market supervision department, formulate a model text of the articles of association of farmers' professional cooperatives. Article 11 Citizens with civil capacity, as well as enterprises, institutions or social organizations engaged in production and business activities directly related to the business of farmers' professional cooperatives, can become members of farmers' professional cooperatives if they can use the services provided by farmers' professional cooperatives, recognize and abide by the articles of association of farmers' professional cooperatives, and fulfill the procedures for joining the cooperatives stipulated in the articles of association. Twelfth farmers' professional cooperatives members meet one of the following circumstances, included in the proportion of farmers' members:

(1) Having agricultural registered permanent residence;

(2) Having a certificate of land contractual management right;

(3) Having a membership certificate of a rural collective economic organization.

Non-local registered personnel who set up and join farmers' professional cooperatives in this city meet one of the circumstances specified in the preceding paragraph, and those who lease land and waters in this city are included in the proportion of farmers' members.

Farmers should account for at least 80% of the total number of members of farmers' professional cooperatives. Thirteenth in addition to the provisions of article twelfth of these measures, the following units and individuals can also give full play to their own advantages and establish and join farmers' professional cooperatives according to law:

(1) Rural collective economic organizations;

(2) Agricultural scientific research institutions and agricultural technical service organizations;

(3) Grass-roots supply and marketing cooperatives;

(four) leading enterprises in agricultural industrialization and family farms;

(5) Agricultural scientific and technological personnel;

(six) other organizations and personnel committed to agricultural development.