Operation and Management Organization. The joint venture company shall set up the operation and management organization to be in charge of the daily operation and management of the joint venture company. The joint venture company shall have one (1) general manager and one (1) deputy general manager. The general manager and the deputy general manager shall be appointed by the board of directors with a term of three (3) years, and the general manager and the deputy general manager may serve consecutive terms upon the decisions of the board of directors.
Operation and Management Organization. 10.1 The joint venture will operate and manage the project upon its establishment. The joint venture will have four departments, namely, the planning and finance department, the administration and human resources department, the production and technology department and the operation department (including supply, sales, logistics and warehousing).
Operation and Management Organization. 18 Article 15.
Operation and Management Organization. 14.1 The Board of Directors shall establish an operation and management organization which shall be responsible for the daily operation and management of the JV. The organization shall consist of a General Manager and several Deputy General Managers appointed by the Board of Directors. (one Deputy General Manager shall be appointed by Party B to be responsible for supervising the operation and maintenance of the Power Plant).
14.2 The responsibility of the General Manager shall be to carry out the resolutions of the Board of Directors and organize and conduct the daily operation and management of the JV. The Deputy General Managers shall assist the General Manager and be concurrently the manager of the various business departments. The specifics relating to the authority of the General Manager and Deputy General Managers are detailed in the Articles of Association.
14.3 The General Manger shall propose and suggest the formation of the business and management departments and candidates for senior staff, and submit the proposals to the Board of Directors for approval.
14.4 Managers may be dismissed for abuse of power, seeking personal interests, graft or serious dereliction of duty, or if they are completely incapable of accomplishing their work assignment. Unless otherwise approved by the Board of Directors, managers and other employees of the JV shall not take any positions or work in other companies, units, entities or organizations. Unless otherwise approved by the Board of Directors, persons who violate this rule shall be dismissed immediately.
Operation and Management Organization. 19.4.1 The Target Company shall have one (1) chief executive officer (“CEO”). The day-to-day management and operation of the Target Company shall be carried out by the CEO in accordance with the policies adopted by the Board of Directors from time to time. The CEO shall be directly responsible to the Board of Directors.
19.4.2 The CEO of the Target Company shall be nominated by the NIO Parties and appointed by the Board of Directors. The CEO shall serve a term of office of three (3) years, and may serve consecutive terms upon re-nomination and re-appointment. The CEO may be dismissed and replaced by the Board of Directors.
Operation and Management Organization. 12.1 The Company shall adopt a management system which shall have such organizational structure as stipulated in the Articles of Association. The management of the Company shall exercise powers and duties in accordance with this Contract and with the Articles of Association.
Operation and Management Organization. 19.4.1 The Target Company shall have one (1) chief executive officer (“CEO”). The day-to-day management and operation of the Target Company shall be carried out by the CEO in accordance with the policies adopted by the Board of Directors from time to time. The CEO shall be directly responsible to the Board of Directors.
19.4.2 The CEO of the Target Company shall be nominated by the NIO Parties and appointed by the Board of Directors. The CEO shall serve a term of office of three (3) years, and may serve consecutive terms upon re-nomination and re-appointment. The CEO may be dismissed and replaced by the Board of Directors.
19.4.3 The Target Company shall have one (1) chief financial officer who shall be responsible for internal control and tax matters in respect of finance, accounting and finance (“CFO”). The CFO of the Target Company shall be nominated by the NIO Parties and appointed by the Board of Directors. In case the CFO is unable to perform his or her duties properly, the Board of Directors may dismiss him or her in accordance with the relevant PRC Laws and the labor contract between the Target Company and the CFO.
19.4.4 The powers and responsibilities of the CEO and the CFO of the Target Company and all management personnel (collectively, the “Senior Officers”) and the organizational table indicating the reporting relationship of each Senior Officers are determined by the articles of association and other internal management documents of the Target Company.
19.4.5 In order to enable the CEO to manage the Target Company duly and effectively, the chairman or the Board of Directors, as the case may be, shall issue appropriate written authorizations to the CEO to take actions or sign contracts, agreements or other documents on behalf of the Target Company within the scope of power conferred upon him under this Agreement, the articles of association or any Board resolutions.
19.4.6 The CEO, CFO and other Senior Officers of the Target Company shall be exempted from personal liabilities and indemnified by the Target Company for acts performed in a normal manner within their respective capacity and authorization, except for claims or charges resulting from any intentional or grossly negligent acts or omissions, or any fraud, graft or serious dereliction of duties.
Operation and Management Organization. Article 24 The JV Company shall establish its management structure responsible for its day-to-day corporate management. The management structure shall consist of one (1) General Manager who shall be engaged by the Board of Directors for a tenure of four (4) years, renewable upon re-assignment consecutively.
Article 25 The General Manager shall be responsible for carrying out any and all of the resolutions of the Board of Directors and organizing and directing the day-to-day management of the JV Company. Within the authorization by the Board of Directors, the General Manager shall act on behalf of the JV Company, hire or dismiss any employees under his or her level, and exercise such other powers as granted by the Board of Directors.
Article 26 The Chairman or any Director may concurrently serve as General Manager or other senior officer of the JV Company upon the engagement by the Board of Directors. In the event the General Manager or any of other senior officers practices graft or commits a gross neglect of duty, the Board of Directors may make a resolution at any time to dismiss and impose a necessary punishment on him or her.
Operation and Management Organization. Article 26 The JVC shall establish an operation and management organization at its legal address. The operation and management organization shall have one general manager, who shall be appointed by the board chairman. The term of office of general manager is four years and he may serve consecutive terms if re-appointed.
Article 27 General manager is directly accountable to board chairman and responsible for executing the board resolutions and organizing and leading the daily operation and management of the JVC. Depending on business needs, operation and management organization may have several department managers, who handle the matters assigned by general manager and is accountable to general manager.
Article 28 General manager shall not participate in the business activities of the other economic entities in the same industry that are competitive with the JVC. In case of graft or serious dereliction of duty on the part of general manager and other senior management personnel, the board of directors may resolve to dismiss them at any time. If they cause economic losses to the JVC, they shall bear economic responsibility and corresponding legal responsibility. If general manager or any of other officers resigns, he shall submit a written resignation report to the board of directors sixty days in advance.
Operation and Management Organization
