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第一章总则第一条为确定我省乡村股份合作企业的法律地位,规范其组织和行为,保护企业、股东和债权人的合法权益,促进乡村经济的发展,根据国家有关法律、法规的规定,结合本省实际,制定本条例。第二条本条例所称乡村股份合作企业,系指依照本条例设立,注册资本由股份构成,股东按照股份制与合作制相结合的原则享有权利和承担义务,企业以全部资产对债务承担责任的企业法人。第三条本条例适用于本行政区域内的原有乡、村集体企业改建或者乡、村集体经济组织及其成员共同投资新建股份合作企业。第四条股份合作企业应当遵循下列原则:(一)资产按份共有,同股同利,利益共享,风险共担;(二)实行合作民主,自主经营,独立核算,自负盈亏;(三)按劳分配与按股分红相结合。第五条股份合作企业不得成为无限责任企业的股东。股份合作企业成为其他企业的有限责任股东,其出资额不得超过本企业净资产的百分之五十。股份合作企业为本企业股东或者其他人提供担保,必须符合本企业的章程或者经股东(代表)会同意。
Chapter I General Provisions Article 1 In order to determine the legal status of rural cooperative enterprises in our province, standardize their organization and behavior, protect the lawful rights and interests of enterprises, shareholders and creditors, and promote the development of rural economy, according to the provisions of relevant state laws and regulations, With the actual province, the enactment of this Ordinance. Article 2 The term “cooperative enterprise of rural shares” as mentioned in these Regulations refers to the establishment of a joint stock enterprise in accordance with these Regulations, the registered capital of which shall be composed of shares and the shareholders shall enjoy rights and assume obligations in accordance with the principle of joint-stock system and cooperation system. Enterprises shall assume the responsibility of all assets Corporate. Article 3 These Regulations shall apply to the reorganization of collective-owned enterprises of the original townships and villages within their respective administrative regions or the collective economic organizations of townships and village communities and their members to jointly invest in new joint-stock cooperative enterprises. Article 4 Joint-stock cooperative enterprises shall abide by the following principles: (1) sharing of assets by shares, sharing of profits with common stock, sharing of interests and risk sharing; (2) implementing cooperation and democracy, operating independently, accounting independently and assuming sole responsibility for their own profits and losses; (3) According to work distribution and dividends by the combination of shares. Article 5 A joint-stock cooperative enterprise may not become a shareholder of an indefinitely-responsible enterprise. A joint-stock cooperative enterprise shall become a limited liability shareholder of other enterprises and its contribution shall not exceed 50% of the net assets of the enterprise. Joint-stock cooperative enterprises provide guarantee for the shareholders of the enterprise or other persons, which must conform to the articles of association of the enterprise or be approved by the shareholders (representatives).