ICE8000 Non-profit Organization Members and Staff Compulsory Standards

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ICE8000 International Credit Standard System 
Non-profit Organization Member and Staff Compulsory Standard

(Version: ICE8000-156-20100615-20140925-7) 
(This standard) Writer: Fang Bangjian ; proposer: Fang Bangjian ; deliberative body: World Credit Organization Credit Standards Committee; effectiveness level: administrative resolution

Chapter I General Provisions

1.1 In order to promote the non-profit organization members and staff to properly fulfill their obligations, promote social integrity, reduce transaction costs, and enhance human well-being, draw on the relevant public documents of the Hong Kong Companies Registry in accordance with internationally accepted legal principles and international practices, World Credit Organization [WCO] Develop this standard.

1.2 The main legal basis for the development, application and implementation of this standard is as follows:

(1) The principle of freedom of the Constitution. The constitutions of the vast majority of countries in the world give people the freedom to defend their legitimate rights, the freedom to maintain social justice and the freedom to express their opinions.

(2) The principle of public order and goodness of law. This legal principle gives people the right to maintain social justice. The basic principles of civil law in most countries of the world include the principles of public order and good customs.

(3) The principle of good faith in law. This legal principle gives people the obligation of good faith. Most countries in the world regard the principle of good faith as the basic law of their civil and commercial laws.

(4) The principle of freedom of contract in law, also known as the principle of free agreement. This legal principle gives people the freedom to enter into a civil contract. The basic principles of civil law in most countries of the world include the principle of freedom of contract.

1.3 The conduct of the application and implementation of this standard shall be deemed to be the tripartite or multi-party contractual act of the World Credit Organization [WCO] in Delaware, USA, as an attestation or supervisor, and The relevant disputes arising from this act are applicable to and protected by the laws of the State of Delaware and the United States, and the jurisdiction is also the International Court of Ethics or the Delaware Court of the United States and the United States Federal Court. If the parties have agreed otherwise or otherwise stated in the applicable law and/or jurisdiction, the binding does not involve the World Credit Organization [WCO].

1.4 Discriminating and dividing the responsibilities of members and staff members of non-profit organizations, this standard is applicable.

Members and staff members of non-profit organizations, such as [established units] or [established individuals], shall abide by this standard.

1.5 The non-profit organization referred to in this standard refers to the organization's income for organizing the purpose of the business and not for the various organizations allocated by members or organizers, such as associations, associations, federations, etc.

Members referred to in this standard refer to members of non-profit organizations.

The staff referred to in this standard refers to the staff of non-profit organizations.

The senior staff members referred to in this standard are also referred to as senior staff, including non-profit organization legal representatives, actual controllers, board members and board secretary, members of the board of supervisors and the board of supervisors, president, vice president, secretary general, deputy The Secretary-General and other staff at the corresponding level.

1.6 All parties applying this standard shall abide by the principle of good faith, moral bottom line and social responsibility bottom line in the process of applying this standard, and exercise and assume the rights and obligations stipulated in this standard.

1.7 All parties to this standard are deemed to have fully understood and committed to comply with all the terms of this standard. However, if any party to this standard finds any unfairness in any of the provisions of this standard, it has the right to publicly declare that it is not subject to public disclosure of the relevant circumstances and reasons and written notice to the World Credit Organization [WCO]. Terms and conditions.

Chapter II Obligations of Members

2.1 Member obligations are as follows:

(1) Compliance with laws, articles of association, and resolutions made in accordance with the charter;

(2) Do not abuse the membership rights to damage the legitimate rights and interests of the organization or other members;

(3) Do not use its associated relationship to damage the interests of the organization;

(4) It is the responsibility to exercise the rights of the members with due care, skill and effort;

(5) Responsibility to act in good faith on the premise of the organization's purpose and mission;

(6) Responsible for supporting and supervising the disclosure of organizational management affairs.

Chapter III Obligations of Senior Staff

3.1 Obligations of senior staff:

(1) It is the responsibility to act in good faith on the premise of the organization's purpose and mission.

A non-profit organization is an organization that exists for its purpose and mission, and its purpose and mission are in its best interests. The senior staff of the organization must act in good faith on the premise of the organization's purpose and mission. Otherwise, the organization loses its value and significance.

(2) It is the responsibility to use power for proper purposes.

The exercise of power by senior staff must be "appropriate purposes." This means that when the purpose of exercising power is different from the purpose for which it is authorized, the senior officer shall not exercise power for this purpose. The basic or primary purpose of exercising the power of senior staff must be for the benefit of the organization. If the basic motivation is found to be for other reasons (such as giving one or more senior staff interests or in order to manipulate the organization or infringing on the legitimate rights and interests of the donor), it is a breach of responsibility for the senior staff to act in good faith.

(3) It is the responsibility not to transfer the authorization (except for the formal authorization) and is responsible for making independent judgments. Executives may not delegate their authority unless the organization's articles of association or resolutions and related documents are recognized. The senior staff of the organization must make independent judgments on the exercise of power.

(4) It is the responsibility to act with due care, skill and effort.

Senior staff must be cautious, skillful and hardworking, and a reasonable person in the position of the senior staff can act with the knowledge, skills and experience that can be reasonably expected.

(5) It is the responsibility to avoid conflicts between personal interests and organizational interests.

The senior staff of the organization must not allow personal interests to conflict with the interests of the organization.

(6) If there is a relationship with the organization, it is the responsibility to disclose to the organization, and may not use its associated relationship to damage the interests of the organization.

(7) It is the responsibility not to use the position of senior staff to seek benefits.

The senior staff of the organization shall not use their senior staff positions to directly or indirectly seek benefits for themselves or others, nor shall they directly or indirectly seek to benefit the interests of the organization.

(8) It is the responsibility not to use the property or information of the organization for unauthorized purposes.

Organizational senior staff may not use the organization's property or information, or know the organization of business opportunities through senior staff positions. The exception is if the relevant use or benefit has been disclosed to the organization at the organizational meeting and approved.

(9) It is the responsibility not to accept the personal benefit of the third party due to the position of the senior officer.

The senior staff or former senior staff of the organization shall not accept any benefit given by the third party because of its power of senior staff or the borrowing of the power of the senior staff, but the interests of the organization itself, or the organization has already agreed by the organization resolution, or This benefit is excluded from the inevitable incidental benefits of properly performing the functions of senior staff.

(10) Responsible for complying with the organization's articles of association and resolutions, rules and regulations.

The senior staff of the organization must act in accordance with the articles of association and must comply with the resolutions made in accordance with the articles of association.

(11) Responsibility for the proper preservation of the books.

The senior management must take all reasonable steps to ensure that the books are properly kept so that the organization's affairs are reflected in a true and fair manner and the transactions made by the organization are explained.

(12) Obligation to prohibit fraud.

Senior staff must not allow or enforce the organization’s fraudulent activities, knowingly.

(13) The obligation to disclose business affairs.

It is the responsibility to fully recognize the role of publicity in safeguarding the organization's purpose and mission, and to be responsible for following the principle of open management.

Chapter IV Obligations of Non-High Level Staff

4.1 Obligations of non-high-level staff:

(1) Compliance with laws, articles of association, rules and regulations;

(2) Responsible for acting in good faith on the premise of the organization's purpose and mission;

(3) The fraudulent acts of the organization shall not be executed without knowing the circumstances;

(4) If it is related to the organization, it has the responsibility to disclose it to the organization, and may not use its associated relationship to damage the interests of the organization;

(5) No direct or indirect interest in the interests of the organization;

(6) It is the responsibility not to use the property or information of the organization for unauthorized purposes;

(7) Responsible for acting with due care, skill and effort;

(8) It is the responsibility not to accept the personal benefits given to the third party because of his job title, but the benefits given by the organization itself, or the organization has already agreed by the organization resolution, or the interest is the inevitable result of properly performing its functions. Except for benefits;

(9) It is the responsibility to act in accordance with the principle of open management.

Chapter V Liability for Breach of Contract and Method of Investigation

5.1 If the party violates the provisions of this standard, it shall bear the following liability for breach of contract:

(1) The corresponding legal liability, namely: the legal punishment prescribed by the relevant applicable law.

(2) Corresponding credit responsibility, that is, to bear credit punishments such as internal complaints, public complaints, credit warnings, internal exposure, public exposure, joint exposure, etc.

(3) The corresponding industry self-discipline responsibility, namely: announcement of criticism, fines, cancellation of credit card, prohibition of self-discipline and other disciplines.

(4) If the breach of contract causes losses (including material damage and mental damage) to others, it shall be liable for compensation. If the breach of contract constitutes a malicious dishonesty, it shall also make punitive damages to the infringed person in accordance with international practice and the principle of common law.

5.2 Method of investigation of breach of contract liability:

(1) According to the "ICS8000 International Credit Standard System Internal Complaint Standard" or "ICE8000 International Credit Standard System Public Complaint Standard" or "ICE8000 International Credit Standard System Credit Warning Standard" or "ICE8000 International Credit Standard System Internal Exposure Standard" or "ICE8000" International Exposure Standards for Public Credit Standards or Joint Exposure Standards for ICE8000 International Credit Standards System for credit complaints and credit penalties;

(2) Applying for arbitration under the International Credit Dispute Arbitration Commission in accordance with the ICE8000 International Credit Standards System International Credit Dispute Arbitration Standard, without the need to submit a separate arbitration agreement;

(3) Apply to the International Moral Court for trial in accordance with the ICE8000 International Credit Standards System International Credit Dispute Trial Standard;

(4) If the defaulter has the membership of the World Credit Organization [WCO], the parties also have the right to make a complaint in accordance with the World Credit Organization [WCO] Member Supervision Standards;

(5) File a lawsuit in the US Delaware Court or the US Federal Court in accordance with the laws of the State of Delaware or the United States federal law.

5.3 Violations of the provisions of this standard can and should be regarded as an independent breach of contract or untrustworthy behavior. If the relevant parties appear in the process of applying this standard, such acts as fraudulent, covert, defamatory, insulting, and denying others' credit evaluation rights, the act is an independent malicious dishonesty act or an independent serious malicious dishonesty. The parties concerned have the right to merge. Investigate or separately pursue the responsibility of the independent dishonesty.

5.4 The responsibility for breach of contract in this standard shall be based on the principle of ignoring:

(1) Only the aggrieved party will take the initiative to pursue the investigation, and the defaulting party will bear the corresponding liability for breach of contract;

(2) The aggrieved party has the right to decide whether to initiate the corresponding accountability procedure for breach of contract;

(3) The aggrieved party has the right to understand the defaulting party or reach an agreement with the defaulting party.

5.5 For employees or agents who participate in, execute, or assist the parties to breach the contract, the aggrieved party has the right to pursue its corresponding responsibility unless it proves that it is not at fault.

5.6 The World Credit Organization [WCO] shall bear economic compensation for its own faults, and the expenditure for economic compensation shall be included in the financial plan of the World Credit Organization [WCO] for the next year. If the economic compensation is large, compensation shall be made in each year.

After accepting economic compensation, the World Credit Organization [WCO] has the right to recover losses from units or individuals responsible for acts of dishonesty with gross negligence or subjective intent.

Chapter VI Supplementary Provisions

6.1 This standard shall be implemented as of the date of promulgation.

6.2 The terminology involved in this standard, if its meaning is not agreed in this standard, its meaning is as follows in the ICE8000 International Credit Standard System International Credit Industry Terminology.

6.3 All relevant parties submit various types of materials submitted to the World Credit Organization [WCO] (or ICE8000 Credit Agency) in accordance with this standard. For the copyright agreement, see the ICE8000 International Credit Standard System Document Copyright Management Standard.

6.4 If the relevant parties know or ought to have known that any of the terms or conditions of this standard have not been complied with, but still do not expressly file a written objection in time for this non-compliance, it is deemed to waive their right to file an objection. The waiving party shall bear the legal consequences such as losses caused by the waiver, and the World Credit Organization [WCO] and other parties shall not be responsible for this.

6.5 This standard will be revised and improved. All parties applying this standard should pay full attention to the revision of this standard and apply the latest version of this standard, but the behavior that occurred before the revision of this standard may not be subject to the new revised clause. The official website of the latest Chinese version of this standard is: https://www.ice8000.org/aenhw/gc/156.html

6.6 The copyright of this standard belongs to the World Credit Organization [WCO], members can use it for free and unlimited; non-members can use it for free, study, training, research, self-use, reprint, citation, adaptation, reference, reference under the premise of indicating or declaring the source. , reference. No unit or individual may plagiarize plagiarism or disguise plagiarism or otherwise infringe. Otherwise, we will jointly expose the infringing units, individuals and related personnel after the investigation of the infringement facts is clear (to issue a credit wanted order to the society). And reserves the right to pursue their legal responsibility. Do not infringe or infringe.

6.7 The standard version number is expressed as: ICE8000-abcd, where: the front-end ICE8000 indicates that this standard belongs to one of the standards of the ICE8000 international credit standard system; a is the serial number of the standard in the ICE8000 system standard set, if this standard is Abolished, the serial number is sometimes transferred to other standards; b is the initial writing time of this standard; c is the latest revision time of this standard; d is the number of revisions of this standard.

6.8 This standard is interpreted by the World Credit Organization [WCO].