Chapter 1 General Principles
Article 1
To protect the legitimate rights and interests of Shenzhen Poco New Materials Co., Ltd. (hereinafter referred to as "the Company"), shareholders, employees, and creditors, and to regulate the organization and behavior of the Company, these Articles of Association are formulated in accordance with the Company Law of the People's Republic of China (hereinafter referred to as "the Company Law"), the Securities Law of the People's Republic of China (hereinafter referred to as "the Securities Law"), and other relevant laws, regulations, and provisions.
Article 2
The Company is a joint-stock limited company established in accordance with the relevant provisions of the Company Law and other laws, regulations, and normative documents. The Company was established by Shenzhen Poco Magnetic Materials Co., Ltd. through the overall conversion of its audited net assets as of June 30, 2015, and is registered with the Shenzhen Market Supervision Administration, obtaining a business license with a unified social credit code of 9144030069395982X0.
Article 3
On December 13, 2019, the Company was approved by the China Securities Regulatory Commission (hereinafter referred to as "CSRC") to issue 14.4 million RMB ordinary shares to the public for the first time, and it was listed on the Shenzhen Stock Exchange on December 30, 2019.
Article 4
The registered name of the Company is Shenzhen Poco New Materials Co., Ltd. The English name is POCO Holding Co., Ltd.
Article 5
The Company's address is Room 1301, Building B, Zhigu R&D Building, Shuguang Community, Xili Street, Nanshan District, Shenzhen; Postal Code 518055.
Article 6
The registered capital of the Company is RMB 289,888,200.
Article 7
The Company is a joint-stock limited company with perpetual existence.
Article 8
The chairman of the board serves as the legal representative of the Company. If the legal representative resigns, it is deemed that they have simultaneously resigned from their position as legal representative. If the legal representative resigns, the Company shall determine a new legal representative within thirty days from the date of resignation.
Article 9
The legal representative shall bear the legal consequences of civil activities conducted in the name of the Company. Any restrictions on the powers of the legal representative set forth in these Articles of Association or by the shareholders' meeting shall not be asserted against bona fide third parties. If the legal representative causes damage to others while performing their duties, the Company shall bear civil liability. After the Company bears civil liability, it may seek compensation from the legal representative who is at fault in accordance with the law or these Articles of Association.
Article 10
Shareholders shall be liable to the Company only to the extent of their subscribed shares, while the Company shall be liable for its debts with all its assets.
Article 11
These Articles of Association shall take effect from the date of their enactment and shall serve as a legally binding document regulating the organization and behavior of the Company, as well as the rights and obligations between the Company and its shareholders, and among shareholders. According to these Articles of Association, shareholders may sue other shareholders, shareholders may sue the Company's directors and senior management, and the Company may sue shareholders, directors, and senior management.
Article 12
The term "senior management" in these Articles of Association refers to the general manager, deputy general managers, board secretary, and financial director of the Company.
Article 13
The Company shall establish a Communist Party organization and carry out Party activities in accordance with the provisions of the Communist Party of China.