Constitution of Organization (TAIWAN CHAMBER OF COMMERCE AND INDUSTRY IN MALAYSIA)
1. NAME
The name of the Chamber shall be called “PERSATUAN PERDAGANGAN DAN INDUSTRI TAIWAN DI MALAYSIA” (TAIWAN CHAMBER OF COMMERCE AND INDUSTRY IN MALAYSIA)
2. REGISTERED PLACE OF BUSINESS
The registered place of business of the Chamber shall be situated at CS/ 3B/ 20-5, Level 20, Block 3B, Plaza Sentral, Jalan Stesen Sentral 5, Kuala Lumpur or at such other places or places as may from time to time be decided on by the Committee. The registered place of business of the Chamber shall not be changed without the prior approval of the Registrar of Societies.
3. OBJECTS
Objects of the Chamber shall be to promote the investment from Taiwan to Malaysia according to the policy of our Government, to coordinate and to foster good relationship amongst the members, to provide service and advise on Malaysia law and to exchange Business information for the benefit of the members in Malaysia and in general to work for the interest of the members in the field of business and investment in Malaysia.
4. MEMBERSHIP
The membership of the Chamber shall comprise the following categories namely, Company of Taiwan origin and individual of the citizen of Taiwan origin who are in Malaysia and carry on business or having investment in Malaysia and being a shareholder of the aforesaid Company in Malaysia. Any Company in Malaysia where the citizen of the Taiwan origin hold the major share is deemed to be the Company of Taiwan origin. Individual member of either sex have attained the age of majority. All applicant for membership shall be made in a prescribed application form and upon the recommendation by the Chairman of the Area Liaison Standing Committee entitled to all the right and privilege of the Chamber after the fee and subscrption is paid by the applicant and approval is granted by the National Committee.
5.1 Entrance Fee and Annual Subscrption
5.1 Entrance Fee and Annual Subscrption
(i) The entrance fee for member shall be RM1,000.00 and annual subscrption RM1,000.00. All annual subscrption shall be payable before the end of March of the year. If no payment is made after a notice from the Secretariat before the end of June of that year, the member shall be suspended automatically. Those who have their rights and privileges suspended under this rule shall have the suspension lifted after they pay up the arrear and approved by the National Committee. If a member who was suspended again fails to pay his annual subscrption by March of the following year (i.e. fails to pay the annual subscrption for two [2] years consecutively), then his membership shall be terminated automatically.
(ii) Entrance of new member after the month of March, his/her subscrption fee for the first year shall be calculated pro rata based on RM250.00 per quarter.
5.2 DONATION
The Chamber is entitled to accept donation from all the member or non-member.
6. DUTY AND PRIVILIGES
6.1 DUTY
The member shall :-
(i) Abide by the rules and constitution of the Chamber and all the resolution passed.
(ii)Observe the Law of Malaysia and Taiwan and also not to commit any act, which may affect the image of our country or in anyway, acted against the interest of our country.
(iii)Pay the annual subscrption punctually.
(iv)Keep the National Committee informed of all the change of official and residential address.
6.2 PRIVILEGES
The member shall have the right:-
(i) to request for assistance from the Chamber of all the difficulties encountered by the member in their business in Malaysia.
(ii) to speak, vote, elect and be elected at the various meeting.
(ii) to speak, vote, elect and be elected at the various meeting.
(iv) to be elected after being a member for at least one [1] year.
(iv) to be elected after being a member for at least one [1] year.
7. ORGANISATION
7.1 General Meeting of the member shall constitute the supreme authority of the Chamber. After the close of the General Meeting the National Committee shall run the affair of the Chamber. The National Committee shall form Standing Committee to transact the various business of the Chamber.
7.2 A National Committee consisting twenty-five (25) members of the following, who shall be termed the office-bearers of the Chamber:-
(i) A President; (ii)Two [2] Vice-Presidents; (iii)An Hon. Secretary; (iv)A Treasurer; (v)Twenty [20] Ordinary Committee Members. And
(vi) Ten [10] appointed members in accordance with Section 7.10 of this Constitution.
7.3 The Twenty Five (25) Committee Members consisting Eighteen (18) Committee Members will be apportioned among the 7 Standing Committee as stated in Article 8 with according to the ratio of actual number of members of the Chamber at the respective Standing Committee compare with the total number of members of the Chamber and the balance Seven (7) Committee Members shall be One (1) member from each Standing Committee.
7.4 The National Committee shall elect a President only among all the 25 National Committee members elected at the General Meeting once every two (2) years. The President shall appoint Two (2) Vice Presidents, a Secretary and a Treasurer of the Chamber among all the 25 National Committee members with the consent of the National Committee.
7.5 The National Committee of the Chamber shall serve for a term of two (2) years and shall be eligible for re-election. The National Committee is entitled to appoint a substitute for the rest of the un-expired term of their National Committee member who vacated the seat for any reason whatsoever, subject to the acknowledgment of the members in an Annual General Meeting.
7.6 The National Committee meeting shall be convened by the President at least once in three months. In the event of urgency the President may call on emergency National Committee meeting at anytime. If one-third of the National Committee members jointly requisition a meeting stating the reason therefore and the matter to be discussed thereat, the President shall convene such a meeting within two week from the date of the receipt of the requisition. If the President fail to do so, then the members who request for the meeting is entitled to convene a meeting anytime then after.
7.7 Members are entitled to participate in the National Committee meeting if invited by the National Committee but with no voting right.
7.8 The notice calling the National Committee meeting shall be issued at least two weeks before hand and one-half the number of the National Committee members present at the meeting shall constitute a quorum.
7.9 The President shall not be re-elected after serving constantly for two [2] terms.
7.10 After the election of the National Committee in the General Meeting biennially, and in the first meeting of the National Committee, not more than ten [10] members who are former President and/or Vice President, and/or former office bearer of The Council of Taiwanese Chambers of Commerce in Asia and/or World Taiwanese Chambers of Commerce and nominated by the newly elected President shall be appointed with the approval by the National Committee as appointed Committee Member of the National Committee.
7.11 Any National Committee Member who is absent for meeting three [3] times consecutively shall automatically ceased to be a Committee Member of the National Committee.
8. STANDING COMMITTEE
8.1(i) The Standing Committee consisting as follow:
(a) Kedah (including Perlis); (b) Penang; (c) Perak (including Kelantan, Terengganu, Pahang); (d) Kuala Lumpur (including Selangor, Kuala Lumpur, Negeri Sembilan, Putrajaya) (e) Melaka; (f) Johor; (g) East Malaysia (including Sabah, Sarawak, Labuan)
8.1(ii) Election Committee consisting 9 committees as follow:
(a) Each representative from the seven (7) Standing Committee; and (b) Two (2) from the Honourable President.
The responsibilities of the election committee is to structure, determine and supervice the process of election of National Annual General Meeting and Standing Committee annual general meeting.
8.2 Subject to Article 8.1, the National Committee has the power to establish and/or cancel any Standing Committee if deemed necessary;
8.3 The minimum membership requirement for any state to apply for a standing committee is 20 members;
8.4 In the event that any current Standing Committee’s membership number reducing to less than 15， the relevant Standing Committee will inform and apply to the National Committee to resolve the said Standing Committee or to merge the members of the said Standing Committee with other Standing Committee;
8.5 The estsblishment and /or cancellation of any Standing Committee is subject to the approval of not less than half (1/2) of the delegates attenting at the General Meeting or Extraordinary Genaral meeting.
8.6 The Structure and function of the Standing Committee will be similar to Article 7. 9,10, and article 11.
9. GENERAL MEETING
9.1 The Annual General Meeting shall be held before November of each year to transact the following business :
(i) To receive the annual report on the working of the Chamber and the audited accounts of the previous year ( commence on the 1st Jan ended 31st December);
(ii) To elect 25 National Committee members once every two (2) years.
(iii)To appoint an accountant as auditor; and
(iv) Any other matters for which written notice must be given to and reach the secretariat ten (10) days before the meeting for inclusion on the agenda and the Honorary Secretary shall send the agenda to all the member seven (7) days before the meeting.
9.2 Meeting may be attended and votes cast by individual members personally present or by proxy; in the case of members from the firms or companies by their authorized representative. One firm of company shall send only one representative. Members arrears of the annual subscrption for that year shall not be eligible to vote.
9.3 The Notice calling the Annual General Meeting together with the audited statement of accounts for the previous year shall be sent out at least 21 days before the date of meeting and half (1/2) of all the membership or twice of the National Committee members whichever is lesser shall form a quorum. In the event of the meeting being delayed for more than half an hour for lack of quorum, it shall be adjourned for 7 days and held at the same time and place with the members present thereat to form a quorum for the meeting regardless of the number of members then present provided that no amendment and alteration of rules and matters affecting the interest of the entire members shall be transacted at such meeting where the aforesaid number of members is not present.
9.4 (i) The President may convene an Extraordinary General Meeting at any time if he deems it necessary.
(ii) One-third members may jointly requisition an Extraordinary General Meeting but they must state the reasons and the matters to be discussed thereat. Upon receipt of the requisition the National Committee shall within one month issue notice calling the meeting. If the National Committee fails to do so after the expiry of the period then the aforesaid members may issue a notice in their joint name convening the meeting then after.
9.5 The notice calling the Extraordinary General Meeting shall be issued at least two (2) weeks before hand and half (1/2) of all the membership or twice of the National Committee member whichever is lesser shall form as quorum.
10. DUTIES OF OFFICE-BEARERS
10.1 The President shall represent the Chamber in its dealing with outside persons. He shall also act as Chairman at all meetings and shall execute the resolution passed at the Annual General meeting, Extraordinary General Meeting and national Committee Meetings.
10.2 The Vice-President shall deputize for the President during latter’s absence
10.3 The Honorary Secretary shall manage the daily business, keep the seal and other duties which have not been allotted to other officers. He shall be responsible for conducting all correspondence and keeping all books, documents and papers except the accounts and Financial records. He shall attend all meetings, and record the proceedings. He shall maintain a proper membership register of the members consisting of details such as name, identity card no., or passport number, date/place of birth, occupation, name/address of employer and residential address.
10.4 The Treasurer shall keep accounts of the receipts and payments and shall be in Charge
10.5 The Ordinary Committee members shall take part in all matter and shall carry out such duties as directed by the President or the Committee.
10.6 The appointed Committee Members shall have the same rights, duties and responsibilities as the elected Ordinary Committee Members of the National Committee.
11. GENERAL
11.1 The representatives from our Government in Taiwan shall be invited to participate all the meeting of the Chamber and also to supervise all election of the Chamber.
11.2 All election shall be conducted by way of ballot.
12. AMENDMENT TO THE RULES
This rules, if found unsatisfactory, may be altered or amended by a resolution at an Annual General Meeting or at an Extraordinary General Meeting with two-third majority of the member present at the meeting and such alteration or amendments shall take effect after they are duly approved by the Registrar of Societies of Malaysia. Amendments to the Rules shall be submitted to the Registrar of Societies within sixty (60) days from the date of its being passed by a General Meeting.
13. FINANCIAL PROVISIONS
No expenditure exceeding RM20,000.00 any one time shall be incurred without the prior sanction of the Committee, and no expenditure exceeding RM100,000.00 in any one month shall be incurred without the prior sanction of a general meeting. Expenditure less than RM20,000.00 may be incurred by the President together with Secretary or the Treasurer.
The Treasurer may hold a petty cash advance not execess RM20,000.00 AT ANY ONE TlME. All money in excess of this sum shall within seven days of receipt be deposited in a bank approved by the Committee. The bank account shall be in the name of the Chamber.
The financial commence on the 1st Jan ended 31st December every year.
14. COMPLIED OFFICER
14.1 Two persons from any Standing Committee other than the President’s Standing Committee and with at least three (3) years being a member of the Chamber and hold at least One (1) term as a former committee member of the National Committee, and also shall not be a current office-bearers of the Chamber, shall be appointed biennially by the annual general meeting as Complied Officer. They shall hold office for two [2] years and shall not be re-appointed.
14.2 The Complied Officer shall be required to audit the accounts of the Chamber for the year, to monitor the operation of the National Committee and to prepare a report or certificate for the annual general meeting. They may also required by the President to audit the accounts of the Chamber for any period within their tenure of office at any date, and to make a report to the Committee.
15. DISSOLUTION
15.1 The Chamber shall be validly dissolved by the resolution of not less than three fourth of the total membership at the Annual General Meeting or Extraordinary General Meeting.
15.2 In the event of the Chamber being dissolved as provided above all debts and liabilities legally incurred on its behalf shall be fully discharged and the remaining funds shall be disposed of in such manner as maybe decided upon by a General Meeting.
15.3 Notice of dissolution shall be forwarded to the Registrar Of Societies within fourteen (14) days from its date of dissolution.
16. LOGO
16.1 The Chamber shall adopt a logo of the following descrptions, that is to say, a circle with a dark blue background intersects with white lines; the shape of a pink plum blossom superimposed directly on the plum blossom. The dark blue background resembles the color of a blue sky, which symbolizes the favourable investment climate in the globe or the world; the plum blossom represents the most popular flower in Taiwan; TWCHAM is the abbreviation for Taiwan Chamber of Commerce and Industry In Malaysia, the whole logo symbolizes the globalization of Taiwan’s economy.
16.2 THE MEANING OF THE LOGO
(i) BACKGROUND COLOUR - The background colour is dark blue that of a clear blue sky which in turn represent the favourable investment climate in Malaysia. (ii) CIRCLE - The circle with combination of white lines represents the globe or the world. (iii)PLUM BLOSSOM - The most popular flower in Taiwan. (iv)TWCHAM MALAYSIA -Abbreviation for Taiwan Chamber of Commerce And Industry In Malaysia (v) MEANING - Plum Blossom spreading all over the world symbolizes the globalization of Taiwan's economy.