Chapter II
ESTABLISHMENT AND BUSINESS REGISTRATION
Article 11.- Founding members
1. Founding members are those who initiate the establishment of People’s Credit Funds and join the local People’s Credit Funds.
2. Founding members of the local People’s Credit Funds must report in writing to the competent People’s Committees prescribed in Articles 67 and 68 of this Decree on their intention to set up local People’s Credit Funds as well as orientations, programs and plans for their operations.
3. After getting the written approval of the People’s Committees, the founding members shall proceed with:
a) The drafting of Charters;
b) The elaboration of operation orientation;
c) The organization of propagation and mobilization;
d) Preparation of other work for organizing the founding conference;
4. For the central People’s Credit Fund, there shall be separate regulations.
Article 12.- Founding conference
1. The conference on founding of a People’s Credit Fund shall be organized by its founding members. It shall be participated by the founding members and individuals as well as organizations that wish to become members of the People’s Credit Fund.
2. The conference shall discuss and vote by majority on the following issues:
a) The adoption of the list of members;
b) The adoption of the name and symbol of the People’s Credit Fund;
c) The adoption of the draft Charter and operation regulations of the People’s Credit Fund;
d) The adoption of charter capital level of the People’s Credit Fund, the members’ contributed capital levels;
e) The adoption of operation plan;
f) The election of the Managing Board, the Control Board;
g) The adoption of the minutes of the founding conference of the People’s Credit Fund.
Article 13.- Charters of the People’s Credit Funds
1. Each People’s Credit Fund has its own charter. The charters of the People’s Credit Funds must conform to the provisions of the Law on Credit Institutions, the Law on Cooperatives and other provisions of law.
2. A charter of a People’s Credit Fund must contain the following major contents:
a) The People’s Credit Fund’s name and head-office location;
b) Its operation contents and scope;
c) Its operation duration;
d) Its charter capital and mode of capital contribution;
e) Its organizational structure; tasks and powers of its Managing Board, general director (director) and Control Board;
f) Procedures for organizing the members’ congress and adopting the decisions of the members’ congress;
g) Rights and obligations of members;
h) The financial, accounting, inspecting and internal-auditing principles;
i) Cases of and procedures for division, separation, consolidation, merger, repurchase, dissolution, bankruptcy;
j) Procedures for charter amendment.
3. The charters of the People’s Credit Funds may be materialized only after they are approved by the State Bank.
Article 14.- Conditions for being granted establishment and operation licenses
1. Having demand for banking operations in localities where the operation is being applied for; having got the local administration’s approval of the establishment of People’s Credit Fund.
2. Having legal capital as provided for by the Government.
3. Founding members being organizations and/or individuals have prestige and financial capability.
4. The administrators and managers have full civil act capacity and meet all criteria on morality, educational level, professional capability under the regulations of the State Bank.
5. Having organization and operation charters in accordance with the provisions in Article 13 of this Decree.
6. Having feasible operation plans.
Article 15.- Granting of establishment and operation licenses
1. A dossier of application for an establishment and operation license shall include:
a) The application for an establishment and operation license;
b) The minutes of the conference on founding of the People’s Credit Fund;
c) The draft charter of the People’s Credit Fund, which has been adopted at the founding conference;
d) The operation plan for the first three years;
e) The lists and curricula vitae of the founding members, Managing Board members, Control Board members and the general director (director) as well as diplomas proving their professional capability and skills;
f) The contributed capital level, capital contribution plan and list of capital-contributing members;
g) The written proposal of the commune, ward or district capital People’s Committee, which has been approved by the district, provincial capital or town People’s Committee on the founding and headquartering of the People’s Credit Fund (for local People’s Credit Funds); the provincial/ municipal People’s Committee’s written approval of the location for the headquarter of the central People’s Credit Fund (for the central People’s Credit Fund).
2. The stipulations on competence to grant establishment and operation licenses; the licensing time limits, the licensing fees, the use of license; the operation conditions, the withdrawal of licenses of People’s Credit Funds shall comply with the provisions of the Law on Credit Institutions and of the State Bank.
Article 16.- Business registration
After being granted establishment and operation licenses, the People’s Credit Funds must proceed with business registration at the provincial/municipal business registration offices.
Article 17.- Changes which must be approved
1. A People’s Credit Fund must obtain the State Bank’s approval before changing one of the following points:
a) The name of the People’s Credit Fund;
b) The increase or decrease of its charter capital in excess of the limits prescribed by the State Bank;
c) The locations of its head-office, transaction bureau(s), branch(es), representative office(s);
d) Operation contents and scope;
e) The Managing Board members, the Control Board members and the general director (director).
2. After getting the State Bank’s approval, the People’s Credit Funds must register with the business registration certificate- granting bodies the changes prescribed in Clause 1 of this Article.
Article 18.- The legal person status of the People’s Credit Funds
The People’s Credit Funds have the legal person status, their own charter capital and seals; conduct independent economic accounting and take responsibility before their members and law for their operations.
The People’s Credit Funds shall have their legal person status as from the date of being granted the business registration certificates.
Article 19.- Opening of transaction bureaus, branches and/or representative offices
1. The central People’s Credit Fund may open its transaction bureaus, branches and/or representative offices in necessary localities where exist operation demands after getting the State Bank’s written approval.
2. The dossiers and procedures of application for the opening of transaction bureaus, branches and/or representative offices of the central People’s Credit Fund shall comply with the regulations of the State Bank.
Article 20.- Division, separation, consolidation, merger, repurchase, dissolution
The division, separation, consolidation, merger, repurchase and dissolution of People’s Credit Funds must be approved in writing by the State Bank and comply with the provisions of law.
Tìm kiếm
Nghị định 48/2001/NĐ-CP (Bản Word)