Measures of the Xinjiang Uygur Autonomous Region on the Implementation of the "Farmers' Professional Cooperatives Law of the People's Republic of China" (2019)

Chapter 1 General Provisions Article 1 In order to regulate the organization and behavior of farmers' professional cooperatives, encourage, support and guide the development of farmers' professional cooperatives, protect the legitimate rights and interests of farmers' professional cooperatives and their members, and promote agricultural and rural modernization , These measures are formulated in accordance with the "Farmers' Professional Cooperatives Law of the People's Republic of China" and relevant laws and regulations, and in combination with the actual conditions of the autonomous region. Article 2 These Measures apply to the establishment and operation of farmers’ professional cooperatives within the administrative area of ??the autonomous region, as well as related guidance, support and services. Article 3 The term "farmers' professional cooperatives" as mentioned in these Measures refers to a mutual-aid economic organization that is voluntarily united and democratically managed by producers and operators of agricultural products or providers and users of agricultural production and operation services on the basis of rural household contract management. Article 4 Farmers' professional cooperatives may engage in the following businesses:

(1) Purchase and use of agricultural production materials;

(2) Planting, forestry and fruit industry, breeding and other agricultural and animal husbandry industries Production;

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

(4) Farmer folk crafts and products, leisure tourism and rural tourism resource development and management, etc. ;

(5) Agricultural mechanization operations, production trusteeship, livestock care, and agricultural water services;

(6) Other technologies, information, and facility construction and operations related to agricultural production and operations Waiting for service. Article 5 Farmers’ professional cooperatives shall abide by the following principles:

(1) Farmers (herdsmen) are the main members;

(2) Serving members is the purpose and seeking the benefits of all members the same interests;

(3) voluntary entry into the society and freedom to withdraw from the society;

(4) members have equal status, carry out activities in accordance with the articles of association, and implement democratic management;

(5) Surpluses are mainly returned in proportion to the transaction volume (amount) between members and farmers' professional cooperatives;

(6) Benefits are fully shared and risks are fully borne. Article 6 People's governments at or above the county level shall establish a comprehensive coordination mechanism to provide overall guidance, coordination, and promotion of large-scale operations of farmers' professional cooperatives and promote the development of agricultural industrialization.

The township people's government shall provide convenience and services for the establishment, development and production and operation of farmers' professional cooperatives, and coordinate to solve the difficulties and problems in production and operation.

Village committees and village collective economic organizations should support farmers’ professional cooperatives in carrying out production and business activities in accordance with the law. Article 7 The agricultural and rural administrative departments of the people's governments at or above the county level are responsible for the guidance, support, and services of farmers' professional cooperatives within their respective administrative regions, and organize and carry out activities such as business guidance, publicity and training, demonstration cultivation, legal policy consultation, project support, and information services.

Development and reform, finance, water conservancy, natural resources, commerce, transportation, market supervision and management, human resources and social security, industry and informatization, science and technology, forestry and grassland, poverty alleviation of people's governments at or above the county level Development and other competent departments and relevant organizations should provide relevant guidance, support and services to farmers' professional cooperatives in accordance with their respective responsibilities. Chapter 2 Establishment and Operation Article 8 Farmers' professional cooperatives shall be registered with the local county (city, district) market supervision and administration department and obtain a business license. The registration type is farmer's professional cooperatives.

Three or more farmers' professional cooperatives can invest in the establishment of a federation of farmers' professional cooperatives. The establishment entity of the federated cooperative is the Farmer Professional Cooperative, and the registration type is the Farmer Professional Cooperative Federation. Article 9 Farmers' professional cooperatives shall formulate articles of association in accordance with the law, which shall be binding on the cooperative and its members, directors, supervisors, managers, etc.

The specific business of farmers' professional cooperatives is stipulated in the cooperative's articles of association. Cooperatives can amend their articles of association, change their business scope, and register changes in a timely manner in accordance with the law. Farmers' professional cooperatives shall not engage in activities unrelated to the provisions of their charter. Article 10 Members of farmers' professional cooperatives may contribute capital in currency, or use their own commercial buildings, equipment and facilities, agricultural machinery and other physical assets and intellectual property rights, land management rights, forest rights, pasture management rights, etc. to be valued and valued in currency. Non-monetary assets that can be transferred in accordance with the law and other capital contributions stipulated in the articles of association. If the investment is made in the form of non-monetary assets, the appraisal and valuation shall be made by the general meeting of members, or the general meeting of members may decide to entrust an appraisal agency to conduct appraisal and valuation, which shall be used as the basis for debt settlement. Exceptions are made for property that cannot be used as capital contribution according to laws and administrative regulations.

Members of farmers’ professional cooperatives may not use their debts against the cooperative or other members to offset their capital contributions. Debts owed to the society or other members may not be offset by capital contributions paid. Article 11 Members of farmers' professional cooperatives are encouraged to transfer their land management rights to farmers' professional cooperatives in the form of joint stock cooperation, subcontracting, leasing, etc. in accordance with the principle of voluntariness and compensation in accordance with the law.

If farmers withdraw from the cooperative, they are encouraged to transfer their land management rights to other members of the cooperative in accordance with the law. Article 12 In addition to recording the member's capital contribution, the provident fund share quantified by the member, and the transaction volume (amount) between the member and the cooperative, the member account of the farmer's professional cooperative shall also record all business transactions between the member and the cooperative. Assets formed from surplus return shares, direct state financial subsidies, and social donations. Article 13 Members of farmers' professional cooperatives may transfer the capital contributions and provident fund shares recorded in their accounts in accordance with the articles of association.

If the articles of association do not provide for it, it must be proposed by the board of directors and decided by the general meeting of members.

The property formed by direct subsidies from the state finance is quantified into the members’ shares and shall not be transferred.

The capital contribution and share of provident fund recorded in the accounts of members joining the cooperative can be inherited in accordance with the law.