Chapter 1 General Principles
Article 1
To protect the legitimate rights and interests of POCO Holding Co., Ltd. (hereinafter referred to as "the Company"), shareholders, employees, and creditors, and to regulate the organization and behavior of the Company, these articles 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"), the Rules Governing the Listing of Securities on The Stock Exchange of Hong Kong Limited (hereinafter referred to as "the Hong Kong Listing Rules"), and other relevant laws, regulations, and provisions of the securities regulatory authority where the Company's shares are listed.
Article 2
The Company is a joint stock limited company established in accordance with the relevant provisions of the Company Law and other laws and regulations. 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. On [date], the Company was filed with the CSRC and approved by the Hong Kong Stock Exchange (hereinafter referred to as "the Hong Kong Exchange") on [date] for the initial public offering of overseas listed foreign shares (hereinafter referred to as "H Shares") of [number] shares, with an oversubscription of [number] H Shares. The aforementioned H Shares were listed on the main board of the Hong Kong Exchange on [date].
Article 4
The registered name of the Company is Shenzhen POCO Holding 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 [amount] RMB.
Article 7
The Company is a joint stock limited company with perpetual existence.
Article 8
The Chairman of the Board is the legal representative of the Company. If the director or manager serving as the legal representative resigns, it is deemed that they have simultaneously resigned as the 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. Restrictions on the powers of the legal representative set forth in these articles 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 at fault in accordance with the law or these articles.
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 shall become 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, 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.