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Chapter 1 General Principles
Full name of the association is Taiwan India Business Association (hereinafter referred to as TIBA).
TIBA is a social organization legally established for the purpose of nonprofit, uniting persons and groups who are interested in developing Indian trade business to promote overall strengths and expand bilateral trade as objects.
TIBA includes all administrative regions as part of the organization.
TIBA site is registered in the location of competent authority and TIBA branches shall be established subject to approval of competent authority. Organizational simple principles of the preceding branches are drafted by TIBA Council and submitted for competent authority’s approval. The establishment and change of TIBA site and addresses of the branches shall be reported to competent authority for approval by letter.
TIBA’s objectives are as follows:
- Assist manufacturer members to strengthen Indian market development.
- Irregularly organize group for investment study and trade visit in India.
- Assist manufacturer members to collect information of trade, industry and business opportunity from India.
- Keep good relationship with India-Taipei Association to promote economic and trade activities.
- Strengthen interactive contact among manufacturer members and assist relationship between manufacturer members, customers and associations to promote business opportunities.
- Facilitate exchange visits and communications with Indian economic and trade VIP to strengthen bilateral relationship.
- Other affairs are helpful to promote bilateral economic and trade relations between Taiwan and India.
Competent authority of TIBA is Ministry of the Interior and industry competent authority is Ministry of Economic Affairs. The industry of TIBA should be instructed and supervised by industry competent authority.
Chapter 2 Membership
Application qualifications for TIBA member are as follows:
- Individual member: Any person agrees with TIBA objects, over the age of 20, having working qualification in the field of economic and trade.
- Group member: Any company, public/private institution or group agrees with TIBA objects. Any group member should fill in membership application form subject to the council’s approval, and pay admission fee. Group member shall assign two representatives to perform member rights.
Any member (member representative) has right to vote, to stand for election, to be elected and to recall. One member (member representative) has one right.
The member is obliged to abide by the articles of association, resolutions of TIBA and membership fee payment. Any member who fails to pay membership fee shall not enjoy membership rights, and be deemed to be automatically with drawn from the membership without payment of membership fee in consecutive two years. Members that have left, withdrawn from TIBA, or been suspended must pay up the previous debts for membership fee to rejoin the association or retrieve rights, except for any reasonable reason approved by the council.
Any member (member representative) breaching laws, articles of association or failing to observe the resolutions made by the member assembly shall be given warning or suspensions according to the resolutions of council; in case of seriously jeopardize to the whole association, said member may be removed from the association with the resolution of a members’ (member representative’s) assembly.
Members that have been disqualified or removed by the general meeting are to be defined to leave TIBA.
Members may present a written report with causes stated to apply for withdrawal from TIBA.
Chapter 3 Organization and Authority
The general meeting shall be the highest authority in this association. Where there are over 300 members, member representatives must be elected according to regional percentage, and a general meeting will be called to exercise authority. The term of a member representative is 3 years, the number and election of member representatives is decided by the council to execute after the approval of the competent authority.
The authorities of the general meeting are as follows:
- Set up and change the articles of association.
- Elect and recall directors and supervisors.
- Make resolutions for the amounts and methods admission fee, annual membership fee and enterprise charge as well as member donation.
- Make resolutions for annual work plan, report, budget and final accounting.
- Make resolutions for expulsion from member (member representative)
- Make resolutions for the disposal of property.
- Make resolutions for the dissolution of TIBA.
- Make resolutions for other important matters relating to member’s rights and obligations.
15 directors and 5 supervisors in TIBA are elected by the members (member representatives) to establish the council and board of supervisor, respectively. When electing the aforesaid directors and supervisors, 5 director candidates and 1 supervisor candidate must be elected according to the count of votes. In case of any vacancy on director or supervisor, the group member shall appoint representative to fill vacancies of director and supervisor until expiration of the term of office, or fill vacancies in the proper order. The current council must provide a referential list of directors and supervisor candidates for the next term.
The authorities of the council are as follows:
- Examine the qualification of member (member representative).
- Elect and recall managing director, board director and vice board director.
- Make resolutions for resignation of director, managing director, vice board director and board director.
- Employ and dismiss staffs.
- Draw up annual work plan, report, budget and final accounting.
- Other matters to be executed.
5 managing directors in the council mutually are elected by the directors, one of which is elected as board director and two as vice board directors by directors from managing directors. The board director inwardly supervises the association affairs, outwardly acts as a representative for TIBA, and presides over the general meeting as well as the council. When the board director is unable to carry out the duties, a vice board director must be appointed as acting board director; in case of being unable or failure to appoint such a person, the managing directors must mutually elect one. When there is a vacancy on the board director, vice board directors and managing directors, by-election is required in a month.
The authorities of the board of supervisors are as follows:
- Supervise the execution of board of supervisors.
- Audit annual final accounting.
- Elect and recall managing supervisors.
- Make resolutions for resignation of supervisor and managing supervisor.
- Other matters to be supervised.
1 executive supervisor in the board of supervisors is mutually elected by the supervisors to supervise the routine affairs, and acts as the chairperson for the board of supervisors. When the managing supervisor is unable to carry out the duties, a supervisor must be appointed as acting managing supervisor; in case of being unable or failure to appoint such a person, the supervisors must mutually elect one. When there is a vacancy on the chairperson for the board of supervisors (managing supervisor), by-election is required in a month.
Directors and supervisors are unpaid positions, which tenures are 3 years and shall be elected to serve consecutive terms for one time limited. The terms of directors and supervisors commences on the first meeting date of the first council.
In the event of any of the following situations, the directors and supervisor must be dismissed:
- The loss of membership (membership of member representative).
- Those resignations are passed subject to resolution of the council and board of supervisors.
- Those are recalled or dismissed.
- Those get suspension over half term of the office.
There’s one secretary-general in TIBA handling association affairs, and few staffs are employed and dismissed by the council in accordance with board director’s nomination. Selected clerks shall not hold the post of the aforementioned staffs. Authorities and decentralization of responsibilities are to be otherwise decided by the council.
TIBA may establish a variety of commissions, teams, or other internal operation organization, which organizational simple principles will be put into effect after being passed by the council and any change is applicable.
The TIBA council shall engage one honorary board director and several honorary directors and advisors, which employment terms shall be same as those of board director and supervisors.
Chapter 4 Meetings
The general meeting divided into regular and interim meeting is convened by board director in written notice 15 days in advance. Regular meeting is held once a year, while interim meeting is held by the council if necessary, or upon request from more than 1/5 of total members (member representatives). After registration of juristic person for TIBA, interim meeting must be held upon request from more than 1/10 of total members (member representatives).
Member (member representative) who is able to be present in person at the general meeting shall entrust in writing another member (member representative) to represent him/her; each member (member representative) shall represent one person as limited.
Resolutions at general meeting are made by more than half of members (member representative) present, subject to the majority of their consents. However, the formulation and change of the articles of association, withdrawal of members (member representative), the dismissal of directors and supervisors, disposal of properties, the dissolution of TIBA, and other major events related to members’ rights and obligations shall be subject to the consent from more than 2/3 of the attendances present. After TIBA is registered as juristic person, any change in the articles of association shall be subject to the consents from more than 3/4 of the attendances present or the written consents from more than 2/3 of all members. The dissolution of TIBA shall require the votes from more than 2/3 of all members anytime.
The council and board of supervisors shall held one meeting every 3 months, respectively, and joint meetings or interim meeting, if necessary. In addition to interim meeting, written notice is required 7 days in advance for the aforementioned meetings. The resolutions of the meetings shall be made subject to more than half of directors and supervisors present, respectively, the majority of attendances of which shall be prevail.
The directors should attend the meeting of the council and supervisors attend the meeting of the board of supervisors, which those shall not entrust another member to attend; if the director and supervisor are absent without leave for more than 2 consecutive times, it will be deemed as resignation.
Chapter 5 Funds and Accounting
The fund sources are as follows:
- Admission fee: Pay NT$8,000 for individual and NT$16,000 group member upon membership enrollment.
- Annual membership fee: Pay NT$3,000 for individual and NT$4,000 for group member.
- Enterprise fee.
- Donated revenue.
- Entrusted income.
- Fund with interests.
- Other incomes.
Fiscal year of TIBA is based on calendar year from every January 1 to December 31.
The TIBA council should prepare annual work plans, budget for revenues and expenditures statement, and employee treatment table two months prior to the beginning of the fiscal year before proposing to the general meeting for approval (if the general meeting fails to held as scheduled for some reasons, propose it to the joint meeting of board of supervisors instead), and report to the competent authority to approve for reference. Within two months after the end of the fiscal year, the council should prepare annual work report, final statements for revenues and expenditures, cash register table, balance sheet, property list and fund for revenues and expenditures statement for the board of supervisors’ review, then return to the council by making audit report to propose in the general meeting for approval, and report to the competent authority to approve for reference at the end of March (if the general meeting fails to held as scheduled for some reasons, report to the competent authority in advance).
After TIBA is dissolved, the remaining properties shall belong to the local self-government group or any organization appointed by the competent authority.
Chapter 6 Supplementary Articles
Matters not provided in the articles of association shall be handled in accordance with the relevant laws.
The articles of association upon approval of the general meeting (member/member representative) shall be approved for reference by the competent authority before implementation; any change is also applicable.
The articles of association are approved by the first meeting of the first general meeting on December 21, 2012 and report to the Ministry of the Interior for future reference in accordance with official letter Tai-Nei-She-Tze No. 1020093687 dated March 18, 2013.