Articles of Association
The World Hakka Business Association
FOREWORD
The population of over 120 million Hakka, plays a crucial role in the global economy and become a force to be reckoned with. Take Hakka culture as core to union Hakka elites over the world. It is believed globally distributed Hakka elites will create vast economic benefit and social contribution. In respond to the trend of the era, The World Hakka Business Association was established by several founding Hakka leaders.
PROFILE
Article 1: NAME
The association shall be called “THE WORLD HAKKA BUSINESS ASSOCIATION” (hereinafter referred to the Association).
Article 2: SUBJECT
“The World Hakka Business Association Co., Ltd.” is legally registered in the British Virgin Islands on 1 July, 2003 in name of “The World Hakka Business Association ”for all of its external activities.
Article 3: NATURE
The Association is a non-profit-making social group, as well as a strategic club co-founded by voluntary Hakka elites and entrepreneurs from all over the world.
Article 4: OBJECTIVE
Union Hakka elites and corporates from all over the world, and establish a platform for members to exploit their advantage, enhance their competitiveness, and boost the co-operative opportunities among closely connected members. Let widely distributed Hakka corporates, Chinese corporates, Chinese, Overseas Chinese, contribute to the redevelopment of China and economic development for the world.
Article 5: GOALS
The Association strives for pragmatic, innovation, and serves as a communication bridge to gather Hakka corporates, Chinese, Overseas Chinese, all over the world. To enhance the development of members through rapid information exchange, resource sharing, and reciprocity.
Article 6: RESPONSIBILITIES
1. Conduct conferences for corporate members, to facilitate economic and trade information interchange, increase co-operative opportunities. Enhance their company awareness and to build up company reputation.
2. Organize local and overseas visits for members, to seek business opportunities, to facilitate investment, business co-operation opportunity.
3. Provide consultation services in various aspects such as legal, medical, information technology, etc. Provide assistance in different scopes, such as rights protection, and humanitarian aid, etc.
4. Timely deliver global business dynamics and information to members in publications, website, WeChat official account, and online platforms of the Association.
5. Praise individual and corporate members, with remarkable contribution to the society.
6. Organize training for corporate members for improve their skills and management levels.
Article 7: BRANCHES
For establish a branch in any region or country, a prior written application shall be submitted to the Association. Upon received the written approval from the Association, register at the local government of the branch, and submit the registered documents (including office Address, membership roster) to the Association for record keeping. Branch shall report and communicate with the Association regularly. The reporting issues should include but not limited to:
1. Business and trade activities jointly organized or participate by the Association or other branches.
2. Any publication of cooperate promotional information or public activities, on the Association's official platform.
3. Provide a written report to the Association before 31 December of the year. Report the work plan for coming year, any changes in the number of members, office address and communication means, etc.
4. Timely report of significant issues.
Each branch is an independent financial entity, self-operated and responsible, and is an independent legal entity. All branches are strictly abided by local laws and legislations. Any activities that offense the local laws and legislations are not permitted and the branch itself shall take full responsibility.
Article 8: ROLES OF BRANCHES
Main roles of Branch in any region or country:
1. With the aid of the Association’s international platform, contribute to the local economy. Enhance the economic strength and influence of the branch in the area.
2. Provide local information such as business and trade projects, products, mineral resources and infrastructure projects to the Association. Encourage co-operation and international economic information interchange for country and the Association. Promote branch sustainability, and stimulate development and expansion of a branch in the long run.
3. Branches shall regularly report the local economic development information to the Association. The Association base on the updated situation, assist the branch to enhance investment, business or co-operation opportunities for the local country.
Article 9: DIRECT SUBSIDIARY
The Association will gradually establish Direct Subsidiaries, such as Representative Offices, Liaison Offices, at different countries in due course. Direct Subsidiaries are operated in accordance with the Constitution of the Association.
It is not permitted for any Direct Subsidiary to sign any agreements or documents on behalf of the Association, without prior written authorization from the Association.
CHAPTER I MEMBERS
Article 10: MEMBERSHIP QUALIFICATION
Any Hakka, Chinese, Overseas Chinese who have passion in Hakka cultural business, or any corporates, organizations (with certain scale), concur with the Constitution and Objective of the Association is eligible to apply for a membership.
Article 11: MEMBERSHIP CATEGORIES
1. Individual member: Individual applies directly to the Association. Reviewed and approved by the Standing President Council and paid the membership fee would become an official member.
2. Organization member: Organization applies directly to the Association. Reviewed and approved by the Standing President Council and paid the membership fee would become an official member. Organization member may assign representative to act on behalf of the membership.
Article 12: MEMBERS’ RIGHTS
1. Members may be nominated to a position in the Association.
2. Timely receive global economic and trade information through publications, website, WeChat official account, other online platforms of the Association. To participate activities organized by the Association including local or overseas visit and exchange of economic information in priority.
3. To participate technical or business management training course, organized by the Association. Enjoy consulting services in different scopes such as law, medical, and information technology, etc. provided by the Association.
4. To publish product information, recruitment notice, promotion message, etc. of corporate member on the official platforms of the Association.
Article 13: MEMBERS’ OBLIGATIONS
1. Comply with the Constitution of the Association, and implement its resolutions.
2. Pay the membership fee within the predetermined period. Protect the legal rights and interests and reputation of the Association.
3. Timely report the situation and provide suggestions to facilitate sustainable development of the Association.
Article 14: MEMBERS’ DISCIPLINE
Members must comply with local laws and legislations, and behave in accordance with social ethics.
1. It is definitely forbidden for any members to engage in any commercial activities in the name of the Association or in the name of any Leader of the Association for their own benefit. The related member shall responsible for the consequences of violation. For serious circumstances, may cause membership termination.
2. All commercial activities of any member are their own behavior. Any occurrence of violations of laws and legislations or involved in commercial disputes, are fully in their own responsible. Depends on the seriousness of the instance, the Standing President Council decide whether to give a warning to the related member or even terminate the membership. Any membership is terminated by the Association will be announced on all official platforms of the Association.
3. The Association will not participate in any commercial activities of any members (including investment and share equity, etc.). It is prohibited for any member to sign any agreements or documents in the name of the Association without official authorization.
4. A member who is voluntarily terminates the membership or the membership is terminated by the Association, cannot claims for any indemnity, or refund of membership fee, or acquire for any assets or funds belongs to the Association.
CHAPTER II ORGANIZATION
Article 15: PRESIDIUM
Presidium is the supreme authority of the Association. Presidium is nominated by shareholders of the BVI registered company of the Association. Its roles and powers are:
1. Review and pass the Constitution of the Association and its amendment.
2. Review, approve and determine the working objective and development plan of the Association.
3. Nominate and dismissal of Standing President Council members and Supervisory Board members.
4. Review and approve the report on the work and financial report of Standing President Council, and personnel, activities and financial monitoring report of Supervisory Board.
5. Examine and approve other significant issues.
6. Presidium meeting is held every five years(one term).
Article 16: STANDING PRESIDENT COUNCIL
Standing President Council is a standing organization of the Association, which is composed of President, and Standing Vice President. Its roles and powers are as follows:
1. Resolve and pass to prepare and convene a Standing President Council meeting, and responsible for change of terms of the Council.
2. Resolve and pass to prepare and convene a meeting for all Presidents. Union Presidents from all branches in regions or countries to summarize and review the main work have been done and succeed in last year, and discuss and confer future development and planning of the Association.
3. Assess and recommend candidates for Honor, or Consultant, etc.
4. Determine working objective and development plan of the Association.
5. Set up financial system and management plan of the Association.
6. Set up management system for Association affair.
7. Responsible for membership management and filling up of position vacancies. Nominate and dismissal of Vice President.
8. Organize members go to other countries for economic and trade information exchange and co-operation in different scopes.
9. Organize visits and surveys for members, in order to continuously build up new co-operative partners for the Association.
10. Attend crucial economic and trade meeting, and social activities on behalf of the Association.
11. Organize and set up working committees if necessary.
12. Enroll new members for the Association.
13. Standing President Council meeting is held every three months with 10 days written notice in advance. In case of emergency, Standing President Council meeting can be convened immediately or by document circulation at discretion.
Article 17: LEADING MEMBER
1. Leading member of the Association include: President and Standing Vice President.
2. Branch President is the leader of a branch, and who also is Vice President of the Association.
Article 18: PRESIDENT
President is the Chairman of the Presidium and is the sole representative of the Association for external affairs.
Article 19: RESPONSIBILITIES OF PRESIDENT
1. Supervise internal affairs of the Association. Sign Letter of Intents, Agreements, and Contracts with other organization on behalf of the Association.
2. Appoint and dismissal of Secretariat personnel.
3. Convene and chair Standing President Council meeting, and review the implementation progress of resolutions passed in the meeting. President shall report on performance of duty to the Presidium annually, if President is unable to do so, one Standing Vice President should be appointed on his behalf.
Article 20: STANDING VICE PRESIDENT
A member to become a Standing Vice President is recommended by President, access and passed by Standing President Council, then appointed by the Presidium. Standing Vice President is responsible for participate in operational management of the Association. In charge of professional committees, and mainly manage professional committees of the Association.
Article 21: PROFESSIONAL COMMITTEES
Various professional committees may be set up base on the necessary of the Association.
Article 22: SUPERVISORY BOARD
Supervisory Board is appointed and dismissed by the Presidium, and is responsible for monitor and manage daily operational, development activities, financial issue, etc. of the Association. Supervisory Board is composed of one Chief Supervisor and one Deputy Chief Supervisor.
Article 23: TERM OF OFFICE
President, Vice President, Chief Supervisor, Standing Vice President, Deputy Chief Supervisor has a fixed five-year term(one term), and renew for consecutive terms. If the above-mentioned personnel loss the membership qualification, or resigned by any reason, having the Standing President Council passed and Presidium approval, will be dismissed from all position in the Association.
Article 24: OTHER TITLES
The Association was established by several founding Chairman and it is fully supported by relevant Government Authority and Social Organizations. In the meantime, the Association invited prominent and reputable Hakka leaders globally to be Honorary Chairman. Honorary Chairman is nominated by Standing Vice President or Vice President, approved and appointed by Standing President Council. Standing President Council will base on expansion and development requirement of the Association to invite experts or outstanding person as Consultant or Senior Consultant. Consultant and Senior Consultant is nominated by Standing Vice President or Vice President, approved and appointed by Standing President Council. The one who is honored with the title of Honorary or Consultant is eligible to participate in all social activities organized by the Association, but not involve in operation of the Association.
Article 25: SECRETARIAT
Secretariat is the operational unit of the Association. It is composed of 1 Secretary General, several Deputy Secretary General, several Officers. Responsibilities are as follows: Serve the Standing President Council, execute daily operation of the Association, membership communication and management, economic and trade co-operation, plan and organize training, record keeping, etc. Maintain and update of online platform, such as website and WeChat official account, of the Association.
CHAPTER III FUNDING AND FINANCE
Article 26: SOURCE OF FUNDS
1. Donation
2. Sponsorship
3. Membership fee
4. Entrust Earnings
5. Funds and interest accrued
6. Other lawful income
Article 27: FISCAL YEAR
The fiscal year of the Association is based on the Gregorian calendar, from 1 January to 31 December of each year.
SUPPLEMENTARY ARTICLES
Article 28: This Constitution was amended, reviewed, and passed by the Presidium on the date of 18 November 2021, with immediate effective.
Article 29: When there is a conflict between the articles of this Constitution and Hong Kong laws or legislations, Hong Kong laws or legislations shall take precedent. Except for the conflicting articles, the remaining articles are still valid.
All rights reserved: The World Hakka Business Association: Room 3518 & 3519, 35/F, Wu Chung House, 213 Queen's Road East, Wan Chai, Hong Kong Tel: (852) 2895 3639 E-mail: whk@whkba.org Facebook: www.facebook.com/whkba