Constitution of the Sabah United Chinese Chambers of Commerce
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Chapter 1: GENERAL Chapter 8: DUTIES AND POWER OF OFFICE-BEARERS AND CHAIRMEN OR DEPUTY CHAIRMEN OF WORKING COMMITTEES
Chapter 2: MEMBERSHIP Chapter 9: AMENDMENTS OR ALTERATION OF CONSTITUTION
Chapter 3: MEMBERSHIP FEE AND FINANCIAL Chapter 10: INTERPRETATION OF THE CONSTITUTION AND RULES
Chapter 4: MEMBER'S OBLIGATION Chapter 11: DISSOLUTION OF ASSOCIATION
Chapter 5: MEMBER'S RIGHT Chapter 12: PROHIBITIONS
Chapter 6: ORGANISATION, ELECTION AND TERM OF OFFICE Chapter 13: AUDITOR
Chapter 7: MEETINGS Chapter 14: PROPERTY OFFICES
CHAPTER 1 - GENERAL
Article 1
  1. Name: The Association shall be known as Gabungan Dewan Perniagaan Tionghua, Sabah (The Sabah United Chinese Chambers of Commerce) and in the Chinese language shall be hereinafter referred to as the "Association".
  2. Logo: The Association's logo shall consist of the silhouette of Mount Kinabalu in blue to be encircled by a blue line at the centre which shall form the hub of six red and blue segmented petals, supported by two horizontal parallel blue lines between which there shall be written the words on the left and SUCCC on the right. Silhouette of Mount Kinabalu represents Sabah while the segmented petals symbolise unity and harmony of all the six divisions namely Bahagian Pantai Barat, Bahagian Kudat, Bahagian Tawau, Bahagian Pendalaman, Bahagian Sandakan and Wilayah Persekutuan Labuan. Two horizontal Parallel base lines signify stability and trustworthiness.
Article 2
  1. To promote liaison and co-operation among various Chinese Chambers of Commerce and/or other commercial and industrial associations in Sabah for the protection, and advancement of the interests of their members in respect of commerce, industry, primary industries and other economic activities;
  2. To study and formulate views, observations and recommendations of the business community in respect of, in particular the state's and in general the nation's socio-economic development, so as to promote other public/private sector organisations, and in furtherance of this object, to contribute towards the development of the national economy and promotion of national unity;
  3. To collect, collate and disseminate information relating to commerce, industry and other economic sectors;
  4. To liaise with other Chambers of Commerce or economic organisations. In particular, to organise or participate in meetings relating to economic matters, trade missions and exhibitions and other activities relevant to the promotion of economic co-operation;
  5. To promote social welfare activities as well as organise or sponsor manpower training programmes or seminars beneficial to the economic development of the nation;
  6. To promote and provide funding for educational, professional and vacational training and for this purpose to establish and manage an Education Trust Fund;
  7. To arbitrate in disputes between members (with the consent of both parties) and to perform other services pertinent to the functions of a chamber of commerce.
  8. To acquire, sell, lease or otherwise deal with any property owned by the association and to participate in business either singly or jointly with commercial firms or organisations for the promotion and advancement of the interests of all members of the association.
  9. All moneys and profits accruing to the association from participation in any business shall be applied solely towards the furtherance, promotion and execution of the objects of the Association, and no portion thereof shall be paid by way of dividend, bonus or profit to any member of the Association. Provided that nothing therein expressed or contained shall prevent the payment in good faith of renumeration or expenses or both to any officer or servant of the Association, or to any member of the Association, or other person or persons for services actually rendered by him or them to the Association.
Article 3
  • Registered Address: The address of the Association shall be at N5.1, Paras 5 (Tingkat 4), Bangunan Kota Kinabalu Chinese Chamber Of Commerce & Industry, Jalan Laiman Diki, Kampung Air, P. O. Box 12176, 88824 Kota Kinabalu, Sabah. Its place of business shall not be changed without the prior approval of the Registrar of Societies.
  • CHAPTER II - MEMBERSHIP
    Article 4
    1. Only one registered Chinese Chamber of Commerce in any district of Sabah and the Federal Territory of Labuan, duly proposed by one existing member, after the Executive Committee's investigation and the Annual Delegates Conference or Extra-ordinary Delegates Conference's approval, may join the Association as a member-chamber,
    2. The member-chamber of the Association shall not apply respectively to be a member of any National Commercial and Industrial organisation.
    3. Any member-chamber of the Association wishes to resign from The Association shall give two weeks notice in writing to the Secretary General and shall pay up all dues.
    CHAPTER III - MEMBERSHIP FEE AND FINANCIAL
    Article 5
  • The entrance fee of a member-chamber is one thousand dollars, RM1,000.
  • Article 6
  • The expenditure of the Association shall be borne and contributed equitably by all member-chambers.
  • Article 7
  • As soon as possible after the end of each financial year, a statement of receipts and payment and a balance sheet for the year shall be prepared by the Hon. Treasurer and audited by the Auditors appointed under chapter XIII (Article 29 and 30). The audited accounts shall be submitted for the approval of the next Annual Delegates Conference, and copies shall be made available at the registered address or place of meeting of the Association for the perusal of members.
  • Article 8
  • No expenditure exceeding RM3,000 (RINGGIT: THREE THOUSAND)at any one time shall be incurred without the prior sanction of the Executive Committee. Expenditure of less than RM3,000 (RINGGIT: THREE THOUSAND)at any one time may be approved by the President together with anyone of the Vice Presidents and Hon. Treasurer.
  • Article 9
  • The date of the commencement of the financial year of the Association shall be from the lst. of May and shall end on 30th. of April annually.
  • CHAPTER IV - MEMBER'S OBLIGATION
    Article 10
  • All member-chambers of the Association shall have the following obligations;
    1. To observe the Constitution and Rules and all resolutions of the Association;
    2. To assist the running of the Association,
    3. To bear the expenditure of the Association.
    CHAPTER V - MEMBER'S RIGHT
    Article 11
  • All member-chambers of the Association shall have the right:-
    1. To speak, vote, elect and be elected at Delegates Conference; Each constituent member present shall have one voting right in each instance when voting is required to arrive at a decision;
    2. To submit proposals for discussion by the Executive Committee or Delegates Conference,
    3. To enjoy all services provided by the Association.
    CHAPTER VI - ORGANISATION, ELECTION AND TERM OF OFFICE
    Article 12
  • Each member-chamber of the Association shall be regarded as one unit and the Delegates Conference is formed by Delegates who are selected and sent by member-chamber.
  • Article 13
  • The supreme authority of the Association shall be vested in Delegates Conference. All business arising from and in between the Conference shall be transacted by the Executive Committee and the Standing Committee.
  • Article 14
    1. The Executive Committee shall consist of the Chief Delegates of the member-chambers. The Executive Committee shall hold office for a tenure of 2 years. The Executive Committee shall elect from among its member-chambers the following office-bearers at the Annual Delegates Conference in the year when election shall be held:-

      The President
      The Deputy President
      Four Vice President
      s

    2. The Supervisory Committee shall consist of a Chairman and two (2) Committee members. It shall be elected from among the delegates at the Annual Delegates conference in the year when the election shall be held.

      The tenure of office of the Supervisory committee shall be co-existent with that of the Executive Committee.

    3. The Standing Committee of the Association shall consist of the President, the Deputy President, Four Vice Presidents, the Honorary Secretary-General, the Deputy Secretary-General, the Treasurer and the Deputy Treasurer.
    Article 15
    1. The newly elected President shall appoint an Honorary Secretary General, a Deputy Secretary-General, a Deputy Honorary Secretary-General, and an Honorary Treasurer and a Deputy Honorary Treasurer from among any member-chamber of the Association.
    2. The President may appoint 3 Honorary Consultative Members from among the members of the member-chamber who are not office-bearers of the Association.
    3. The President shall with the concurrence of the Executive Committee establish Working Committees relevant to the Association's activities such as Financial Planning, Public Relations, Commerce and Industry, Agriculture, Education Loan, Human Resource Development and Information Technology etc. The Chairmen of and Deputy Chairmen of such working committees shall also be appointed by the President with the concurrence of the Executive Committee,
    4. The Chairmen of working committees shall be entitled to attend and speak ex-officio at meetings of the Executive and Standing Committees. However they shall have no voting rights as in the case of Hon. Secretary General and Hon. Deputy Secretary, Hon. Treasurer and Hon. Deputy Treasurer.
    5. The office-bearers of the Association and every officer performing executive functions in the Association shall be Malaysian Citizens.
    Article 16
    1. All honorary office-bearers including Honorary Presidents, Legal Advisors, Economic Advisors and members of all Working Committees shall hold office for a term of two years, and shall be eligible for re-election or re-appointment. The period of one year referred to above shall mean the period of time between two (2) consecutive Annual Delegates Conferences.
    2. On completing their term of the office, the office-bearers of the Executive Committee shall hand over all documents in that position pertaining to the Association to the incoming office-bearers,
    3. In the event if a member of the Executive Committee lost his position as a member of the management committee of the member-chamber to which he belongs, he shall vacate the position of the Executive Committee of the Association and shall be replaced by a member duly appointed by the member-chamber concerned.
    Article 17
  • The President may invite any suitable person to be the Honorary Advisor of the Association.
  • Article 18
  • The Association may invite any person of high social standing who has contributed greatly towards the welfare of the Association to be its Honorary President. The appointment of the Honorary President shall be recommended by the President and ratified by a resolution at the Delegates Conference.
  • CHAPTER VII - MEETINGS
    Article 19
  • Annual Delegates Conference
    1. Annual Delegates Conference shall be held annually not later than July at a venue in the location of the member-chamber hosting it by turn. Notice of such Annual Delegates Conference shall be given four weeks before the date of such conference. The number of Delegates nominated by each member-chamber shall be unlimited. The annual audited account of the Association shall be circulated to all members annually;
    2. The quorum of an Annual Delegates Conference shall be one-half of the total number of member-chambers of the Association. In the event that the necessary quorum not being present after thirty minutes of the times fixed for the Conference, the Conference shall be postponed to a date to be decided by the Executive Committee; and if a quorum is not present half an hour after the time appointed for the adjourned Conference, members of member-chambers present shall have power to proceed with the business of the day but they shall not have the power to amend the Constitution and Rules of the Association.
    3. The Rules of Procedure for the conduct of the Annual Delegates Conference shall, inter alia, include the following:
    1. Each and every member-chamber present shall elect a Chief Delegate and Deputy Chief Delegate;
    2. Other Delegates shall have the right to speak subject to obtaining prior consent from their respective Chief Delegate;
    3. Only the Chief or Deputy Delegate of each member-chamber present shall exercise his voting right;
    4. Each member-chamber present shall have one vote in each instance when voting is required;
    5. The President of the Association shall have a casting vote in the event if there is equal vote;
    6. If the Chief Delegate of a member-chamber leaves the Conference temporarily due to extreme urgency, the Deputy Chief Delegate shall take over his duty but the Chief Delegate shall maintain his eligiblity for election, and;
    7. In the absence of the President, the Deputy President shall preside at the Conference; in the absence of the Deputy President, one of the vice-presidents shall preside at the Conference, and if four of the Vice-Presidents are not present, the Chief Delegate shall elect a person from among themselves to preside at the Conference.
    1. The agenda for every annual Conference of Delegates shall include the following:-
    1. To receive and to adopt the annual report and the audited accounts for the preceeding term/year;
    2. To discuss proposals submitted by member-chamber in writing and duly seconded by another member-chamber;
    3. To decide the venue for the following Annual Conference of Delegates;
    4. To elect office-bearers and supervisory committee in accordance with Article 14, where applicable;
    5. To appoint Honorary Auditor and paid auditor and to fix the latter's remuneration.
    Article 20
    1. The President shall convene an Extra-Ordinary Delegates Conference as and when he deems necessary
    2. The President shall convene an Extra-Ordinary Delegates Conference at the joint request of any four member-chambers provided that the matter to be discussed shall not contravence any provisions of the Association's Rules. Notice of the Extra-Ordinary Delegates Conference shall be given 7 days before the date of meeting.
    3. The quorum and rules of procedure of the Extra-Ordinary Delegates Conference shall be the same as that of the Annual Delegates Conference as stipulated in Article 19 (b) and (c).
    Article 21
    1. Executive Committee Meeting shall be held at least four times a year. The President shall decide on the date and place of meeting;
    2. Notice of meeting shall be at least one week before date of meeting,
    3. The quorum for the Executive Committee Meeting shall be nine. In the event that the necessary quorum not being present after thirty minutes of the time fixed for the meeting, the meeting shall be adjourned to a date within seven days of the date of the first meeting, and if a quorum shall not be present half an hour after the time appointed for the adjourned meeting, the members of committee present shall have the power to proceed with the business of the day.
    4. The Executive Committee shall have the power:
    1. To receive or refuse any and to discuss proposals or comments and reports made by constituent chamber-members;
    2. To execute resolutions passed at the Annual Delegates Conference or Extra-ordinary Delegates Conference.
    3. To plan and carry out all activities as planned.
    Article 22
    1. The meeting of the Standing Committee shall be held at least three times a year. The quorum of the meeting shall be four members of the Standing Committee. Whenever necessary a circular resolution duly signed by all the members of the Standing Committee shall be deemed sufficient and valid compliance of this Article.
    2. The Standing Committee shall assist the Secretariat in carrying out the day-today activities of the Association. It shall be responsible for making decision that the Prresident is unable to decide by himself. Matters that cannot be solved in the Standing Committee shall be brought to the Executive Committee.
    CHAPTER VIII - DUTIES AND POWER OF OFFICE-BEARERS AND CHAIRMEN OR DEPUTY CHAIRMEN OF WORKING COMMITTEES
    Article 23 a. President
    1. To lead the Association and to supervise the management of the affairs of the association;
    2. To be the principal representative of the association in dealing with external affairs;
    3. To preside at Delegates Conference and to convene and preside at Executive Committee and Standing Committee Meetings;
    4. To appoint Hon. Secretary General and Hon. Treasurer and to nominate Honorary Consultative Members and Advisors;
    5. To establish Working Committees and nominate their respective Chairman and Vice Chairman for the approval of the Executive Committee;
    6. To engage and dismiss the paid staff and to deal with matters pertaining to remuneration and fringe benefits of the paid staff of the Association; the engagement or dismissal of the Executive Secretary shall rquire the approval of the Standing Committee;
    7. The President shall have the power to refuse to discuss any proposals or motion which is deemed to be against the objects of the Association or against the law;

    b. Deputy President

    1. To assist the President in the discharge of his duties and to deputise for the President when the latter is absent or on leave.
    2. During the tenure of office, in the event the office of the President is vacated, the Deputy President shall automatically fill up the vacancy as the Acting President until his present term of office expires.

    c. Vice-President

    1. To assist the President in the discharge of his duties. When both the President and Deputy President are absent or on leave the President shall nominate one of the Vice Presidents to act on his behalf..

    d. Hon. Secretary General

    1. The Hon. Secretary General shall on the direction of the President, attend to the routine affairs of the Association and supervise the paid staff. He shall be responsible for conducting all correspondence and keeping all books, documents, paper except the accounts and financial records. He shall maintain a membership regsiter and attend all meetings and record the proceedings.

    e. Deputy Hon. Secretary-General

    To assist the Hon. Secretary-General to attend to the Affairs of the Association, and to deputise the latter when he is absent or on leave.

    f. Hon. Treasurer

    The Hon. Treasurer shall take charge of the Association's monies, vouchers and shall keep accounts, submit monthly Statement of Income and Expenditure to the Executive Committee and Standing Committee, prepare the duly audited Annual Balance Sheet for approval of the Executive Committee and Annual Delegates Conference and formulate the Association's budget for approval of the Executive Committee; He may hold a petty cash advance not exceeding $500 at one time. All monies in excess of this sum shall within seven days of receipt be deposited in a bank approved by the Executive Committee. The bank account shall be in the name of the Association.

    g, Deputy Treasurer

    To assist the Hon. Treasurer in the discharge of his duties and to deputise the Hon. Treasurer when the later is absent or on leave.

    h. Chairmen of Working Committees

    The Chairmen shall be responsible for their respective Working Committees and shall at the direction of the President, attend the Executive Committee and the Standing Committee Meetings, to present reports on the activities and progress of their respective Working Committees,

    i. Deputy Chairmen of Working Committees

    The Deputy Chairmen shall assist the Chairmen of the respective Working Committees in carrying out various functions and in the absence of the Chairmen assume their duties respectively.

    Article 24
  • Chairman of Supervisory Committee and his Committee Members.
  • To supervise the works of the Association, and to call for and submit memorandum to the joint meeting of the Supervisory Committee and the Executive Committee if there is any breach of duty by any office-bearers.

    CHAPTER IX - AMENDMENTS OR ALTERATION OF CONSTITUTION
    Article 25
  • The Constitution and Rules of the Association may not be altered or amended except by resolution of an Annual Delegates Conference or Extra Ordinary Delegates Conference, and such resolution should be passed by two-third of the total number of the delegates attending the Conference. Such alteration or amendments shall take effect from the date of their approval by the Registrar of Societies.
  • CHAPTER X - INTERPRETATION OF THE CONSTITUTION AND RULES
    Article 26
  • In the event of doubts regarding the interpretation of the Association's Constitution and Rules, the Executive Committee's decision shall be binding on all members. The Executive Committee shall have the duty and power to transact any business arising from and in between the Annual Delegates Conferences within the context of the Association but not specifically provided in the Association's Constitution and Rules.
  • CHAPTER XI - DISSOLUTION OF ASSOCIATION
    Article 27
  • The Association may be voluntarily dissolved by a resolution of not less than four-fifths of the total number of a member-chambers and resolution must be taken at a Delegated Conference. In the event of the Association being dissolved, all debts and liabilities legally incurred on its behalf shall be fully discharged, and the remaining funds be disposed of according to resolution of the Delegates Conference. The Registrar of Societies shall be informed within 7 days from the date of the resolution of the Delegates Conference was taken.
  • CHAPTER XII - PROHIBITIONS
    Article 28
    1. All types of gambling on the premises are strictly prohibited.
    2. The Association shall not hold any lottery, whether confirmed to its member-chambers or not in the name of the Association or its office-bearers, executive committee or member-chambers.
    CHAPTER XIII - AUDITOR
    Article 29
  • Two persons, who shall not be office-bearers of the Association shall be appointed by the Annual Delegates Conference as Honorary Auditor and paid Auditor.
  • Article 30
  • The Auditors shall be required to audit the accounts of the Association for the year, and to prepare a report or certificate for the Annual Delegates Conference. They may also be required by the President to audit the accounts of the Association for any period within their tenure of office at any date, and to make a report to the Executive Committee.
  • CHAPTER XIV - PROPERTY OFFICES
    Article 31
  • The President, Deputy President and Honorary Secretary- General shall by virtue of their office be the THREE (3) Property Officers. Any agreement relating to the disposal, transfer or mortgage of any immovable property of the Association shall be jointly signed by the three Property Officers.
  • Article 32
  • The Property Officers shall not sell, transfer or mortgage any immovable property of the Association without the consent and authority of TWO-THIRD (2/3)of member-chambers present at a Delegates Conference.
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    THE SABAH UNITED CHINESE CHAMBERS OF COMMERCE

    P. O. Box 12176, 88824 Kota Kinabalu, Sabah, Malaysia.
    Tel: 088-225460, 255471
    Fax: 088-218185
    Email:
    succc01@tm.net.my