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专业委员会

Working Rules of AFC Association

编辑: 发布时间:2014-07-03 作者: 来源: 浏览:21478次 字号: [ 大 ] [ 中 ] [ 小 ]
       (Revised)
    Chapter One General Principles
    Art. 1 The Working Rules have been drafted in accordance the China Banking Association Working Guide and China Banking Association Charter to clarify the responsibilities of the AFC Professional Committee under the China Banking Association (the "AFC Association") and ensure its effective operations.
    Art. 2 AFC Association is a professional committee under the China Banking Association (the "CBA") and shall operate according to the charter of the CBA and the Working Rules.
    Art. 3 The purpose of the AFC Association is to protect legitimate rights of the banking and auto finance industry and their members, promote social and market recognition of auto finance, and facilitate sustainable and healthy growth of auto finance.
    Art. 4 The AFC Association will operate in a legitimate, compliant, fair and just manner.
    Chapter Two Responsibilities
    Art. 5 The AFC Association shall take the following responsibilities to:
    (1) Exercise self-discipline, protection of rights, coordination and service;
    (2) Promote auto finance and facilitate understanding of auto finance by the general market;
    (3) Regularize auto finance market of China, promote standardization of operations, reduce cost of transactions and increase efficiency of the whole industry;
    (4) Collect and publicize statistics, establish exchange platform of data, facilitate communication and cooperation among members;
    (5) Study laws, accounting, tax, regulatory polices related to auto finance to facilitate promulgation and improvement of applicable policies;
    (6) Host trainings, forums, symposiums and international exchange activities related to auto finance, and to establish cooperation with institutions home and broad;
    (7) Represent the members of AFC Association, as needed, to interact with government agencies and other interested parties;
    (8) Undertake tasks assigned by regulators;
    (9) Undertake tasks assigned by the CBA.
    Chapter Three Members and Representatives
    Art. 6 The auto finance companies approved by the China Banking Regulatory Commission (the "CBRC") may apply to join as a member of the AFC Association after they join the CBA.
    Art. 7 Upon review and approval by the Assembly, the institutions which apply to the AFC Association and undertake to abide by the Working Rules can become a member of the AFC Association.
    Art. 8 The members are entitled to:
    (1) Put forward proposals for the Assembly;
    (2) Rights to vote and being voted; vote on the items submitted to the Assembly, including proposals, and nominations of 1) the Chief AFC, 2) the Deputy Chief AFC, 3) the Director and the Honorary Director;
    (3) Monitor the operation of the AFC Association and put forward opinions and suggestions;
    (4) Attend various activities of the AFC Association;
    (5) Other rights as a member.
    Art. 9 The members are obliged to:
    (1) Abide by the Working Rules and policies of the AFC Association, and abide by and implement the resolutions of the Assembly.
    (2) Preserve legitimate rights and reputation of the AFC Association;
    (3) Care for and support the operation, and actively participate in  the AFC Association;
    (4) Proactively contribute the information corresponding to the data shared to them subject to applicable laws and regulations;
    (5) Accomplish other tasks assigned to the member.
    Art. 10 Each member shall designate, on their behalf, one person as its representative to attend the meetings of the AFC Association. Unless otherwise notified to the AFC Association, a person from a member attending the meetings of the AFC Association shall be deemed representative of that member. The opinion and votes of the representative shall represent that of the member.
    Chapter Four Assembly
    Art. 11 The supreme authority of the AFC Association is the Assembly (the "Assembly"), which consists of all members of the AFC Association.
    Art. 12 The Assembly shall take the following responsibilities to:
    (1) Review and approve basic rules, policies and constitutions of the AFC Association;
    (2) Review and approve the annual plan, working reports and budgets;
    (3) Vote on the Chief AFC according to nomination of the members;
    (4) Vote on the Director and Honorary Director according to recommendation of the Chief AFC;
    (5) Vote on the Deputy Chief AFC according to nomination of the Director and the Honorary Director;
    (6) Review and approval new members;
    (7) Review and approve other items to be determined by the Assembly.
    Art. 13 The Assembly shall be convened every other month regularly. The frequency of the sessions can be adjusted upon decision by the Assembly. In special occasions, the Assembly can be convened without meeting in person via telephone, email, internet, etc.
    Art. 14 The Assembly shall be convened by the Chief AFC and a notice to all members shall be delivered at least seven days before the meeting. The regulators may be invited if necessary.
    Art. 15 The quorum of the Assembly is two thirds of all the members. The agenda, the venue and the host-in-turn will be proposed by the members and determined by the Director. The Chief AFC will be responsible for the preparatory work.
    Art. 16 There will be voting in the Assembly and each member shall have one vote. In special occasions, voting can be conducted in writing.
    Art. 17 The resolutions of the Assembly will only be effective with voting by majority of the members, present at the meeting, and voting in writing shall be effective upon signing by majority of the members.
    Chapter Five Standing Committee
    Art. 18 The Standing Committee shall be established within the AFC Association and will be the standing organ on behalf of the Assembly.  The Standing Committee will consist of a total of six AFCs.  The Chief AFC (one) shall have two representatives, and the Deputy Chief AFCs (five) shall each have two representatives.
    Art. 19 The Standing Committee shall take the following responsibilities to:
    (1) Present working report to the Assembly;
    (2) Support the execution of Assembly resolutions;
    (3) Draft internal policies and procedures for the AFC Association;
    (4) Give preliminary approval to new applicants and present to the Assembly for approval;
    (5) Use their best collective efforts to support all AFC Association members' proposals, gather information, preparatory work prior to AFC Association meetings, and prepare proposals to be approved on by the Assembly.
    (6) Perform other tasks designated by the Assembly.
    Art. 20 Except for the voting rights in the Assembly by each member of the AFC Association, the Standing Committee will not have any additional voting or veto powers.
    Chapter Six Daily Operations
    Art. 21 The AFC Association shall establish an office at the secretariat of the CBA, and the Chief AFC shall designate a person to be responsible for the daily operations of the AFC Association as designated by the Chief AFC.
    Art. 22 The Chief AFC and office shall take the following daily responsibilities to:
    (1) Arrange the Assembly and Standing Committee meetings, as well as record and distribute meeting minutes;
    (2) Primary contact with the People's Bank of China, CBRC, other regulators and non-governmental agencies on behalf of AFC Association.
    (3) Have the resolutions of the Assembly executed;
    (4) Manage daily operations of the AFC Association;
    (5) Accomplish other tasks designated by the Assembly.
    Chapter Seven Chief AFC
    Art. 23 The Chief AFC shall be nominated by the members of the AFC Association and approved by the Assembly, with a term of two years and  can be renewable if voted and approved by the Assembly. The Chief AFC shall recommend one Director and one Honorary Director, both of whom will be voted and approved by the Assembly, with a term of two years which can be renewed if voted and approved by the Assembly, and shall be no more than two terms consecutively.
    Chapter Eight Deputy Chief AFCs
    Art. 24 The Deputy Chief AFCs shall be nominated by the Director and the Honorary Director then voted and approved by the Assembly for a term of two years and can be renewable if voted and approved by the Assembly. The Deputy Chief AFCs shall each recommend a Deputy Director and an Honorary Deputy Director to represent the Deputy Chief AFC. 
    Chapter Nine Director, Honorary Director, Deputy Directors and Honorary Deputy Director
    Art. 25 The Director and Honorary Director shall jointly take the following responsibilities to:
    (1) Implement the Chief AFC duties outlined in Art. 22;
    (2) Chair AFC Association meetings and present report(s) to the Assembly.
    (3) Lead and arrange various major tasks of the AFC Association;
    (4) Professionally represent the Assembly in various non-association meetings or media related events.
    (5) Accomplish other tasks designated by the Assembly and the Standing Committee;
    Art. 26 The Deputy Directors and Honorary Deputy Directors shall work closely together to accomplish the responsibilities as outlined in Art. 19.
    Chapter Ten  Fees
    Art. 27 The fees to be deployed by the AFC Association come partly from the fees allocated by the CBA to the AFC Association and partly from the fees paid by the members of the AFC Association.
    Art. 28 The AFC Association shall have the right to collect fees for special purposes of various activities held by the AFC Association. The fees collected by the AFC Association shall be used to support various consulting efforts, training, services or other legitimate expenses.
    Art. 29 Each AFC member shall pay fees in order to remain in good standing. Appropriateness of the fee amount and the expense shall be reviewed annually by the Assembly, and the fee and expense for the following year will be adjusted based on such review.
    Chapter Eleven  Miscellaneous
    Art. 30 The Working Rules shall take effectiveness upon approval by the Assembly and CBA.
    Art. 31 The Working Rules shall be interpreted and amended by the Assembly.
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