ACBA Constitution
Chapter I. Name & Nature
Article 1．The name of this organization should be American Chinese Business Association.(ACBA).
Article 2. The organization is a legally registered non-profit institution, aiming at facilitating business cooperation within in Chinese community in the US, enhancing mutual understanding and communication between China and the US.
Chapter II. Principle & Mission
Article 3. Our principle is "Based on Honesty, Originated from Love", which is, to protect American Chinese business people on their legal rights, to facilitate a business platform as a bridge and a hub, and to improve the communication and relationship development in trade between China and USA.
Article 4. Our mission
To strengthen communication and cooperation among American Chinese business people through means such as websites, publications, lectures, seminars, business observations and so on, in order to provide to members with information, experience, and resource sharing; to build up high level, global networks and create business opportunities for our members.
To enforce the communication between the US government and business sector, reflect Chinese business people's appeals, protect members' lawful rights, and represent members to negotiate with the US government and business circle in order to maximize members' benefit.
To enforce the connection between Chinese government, business associations, and enterprises through events, obtain important information about business, policy, laws, and rules for members in order to explore Chinese market and resolve issues in their China business.
To provide a platform for Chinese entrepreneurs from around the world to displays their products, technology, and culture, build up a containing and corresponding global Chinese business information center.
Chapter III Generation of the Functional Units
Article 5. ACBA administration consists of the president, the board of directors, the board of supervisors, and the advisory committee. The president is the legal representative of the association, who is assuming legal obligations of the entity; approve or disapprove everything including signing up relevant documents; leading the overall operations as the executive leader of the association. The president can nominate 1 to 5 executive vice president and vice presidents to handle delegated business for the president.
Board of Directors is the executive management unit of the association that consists of the president, the chairman of the board of supervisors, and the directors of the board. Advisory board members may attend board meetings upon invitation, but cannot vote. The board of directors shall elect a chairman, an executive chairman, 5 to 10 vice chairmen, and a secretary general, in order to support the administration of the president.
Board of Supervisors is the discipline supervision unit of the association that responsible for screening and approving new members, and investigating and resolving cases that harming the association. It also announces the commendation to contributing members and other individuals to the board of directors. The board of supervisors consists of a chairman, 2 to 5 vice-chairmen, and a number of supervisors for daily operations.
Advisory Committee is undertaken by highly prestigious personnel hired by the ACBA, which consists of 1 to 5 honorary chairmen, and a number of vice chairmen and advisors.
According to the need of business, the association may adjust or put up other units and positions once approved by both the president and the board of directors.
Article 6. ACBA may set up industrial branch divisions or regional branch divisions according to the variation of laws and rules in different countries and regions. These branch divisions shall consist of a division director or general manager, 1 to 3 deputy directors or deputy general managers, a secretary general, and a number of managers. These branch divisions shall be charge of the designated industry or region under the guidance of the board of directors of ACBA. Branch division may also adjust or put up other units and positions according to needs with approval from the headquarters.
Article 7. Generation of the Functional Units.
Members: Upon the voluntary applications with agreeing on obeying the constitution of ACBA, members are granted by the board of supervisors after screening and investigation. For those who disobey constitutions and/or fail to fulfill members' duties, the association may annul their membership.
Directors of the board: The first session of board of directors is generated upon the nomination of the president. Start from the second session, the director of the board are nominated by at least 10 members of ACBA, and approved by the president. The generation method director of the board may also be adjusted and confirmed by the approval of at least two thirds of current board members. The directors of the board are reelected annually, and can be reappointed consecutively.
Board of directors: Consists of the president, the chairman of supervision board, and all other directors of the board.
Chairman of the board: Nominated by the president, and approved by at least half of the votes from the board of directors. Chairman of the board is reelected annually and can be reappointed consecutively. If chairman displays collusion or faction forming, or any other actions that could severely harming the association's interest, the president may require to bring forward the reelection of chairman. The executive vice chairman and vice chairmen are nominated from directors of the board by at least 3 board members, and shall be approved by both at least half of the votes from the board and the confirmation of the president. Chairman and vice chairmen of the board are naturally the directors or the board.
Division directors or general managers: nominated by chairman or at least 3 members from the board, and approved by the president. The directors and managers from division board are generated by its own, but have to be approved by the headquarters.
The board of supervisors: consists of several directors of the board and supervisors. Supervisors are nominated by at least 3 members of ACBA, and approved by the president. The supervision board is reelected annually at the year end, and can be reappointed consecutively.
Chairman of the supervision board: Nominated and voted by supervision board members and approved by the president. The vice-chairmen of the supervision board is nominated by chairman or at least 3 members of the board and voted through the board with majority rule, and approved by the president. The chairman is reelected annually at the year-end, and can be reappointed consecutively.
The president: The president is designated to the register of ACBA. The president oversees the entire organization until he or she is unable to execute the job. The only way to impeach the president is by veto from at least four fifth of the entire board of directors and board of supervisors. The board of directors must present a successor candidate and approve through above four fifth votes within 30 days of the impeachment of current president, and finish the legal transfer procedure.
The advisory committee: Upon the recommendation of members and hired by the president.
The daily operation of ACBA is coordinated by the secretary general. The secretary general is nominated by chairman of the board of at least 3 directors of the board, and approved by the president.
Chapter IV. Amendment
Article 8. Amendment of the constitution needs supporting votes from at least four fifth (4/5) of the directors of the board after discussion, and to be finally approved by the CEO of ACBA.
Chapter V. Appendix
Article 9. ACBA will not take any legal responsibility of criminal, civil, or business behaviors by its members.
Article 10. The ACBA reserve the rights of final interpretation of the constitution.