People's Republic of China State Council

　　　　　　　　　　　　　　　　　　　　　 　No. 648 is now published on the State Council concerning the annulment and modify some of the administrative and regulatory decisions, as of March 1, 2014.

　　　　　　　　　　　　　　　　　　　　　　　　Prime Minister Li keqiang

State Council on February 19, 2014 and on abolishing and modifying parts Administrative regulations of decided to using rule of law way advance Government functions change, further relaxed market subject access conditions, inspired social investment vitality, according to December 28, 2013 12th session national people's Congress Standing Committee sixth times Conference through of modified company law of decided, implementation registered capital registration system reform programme on registered capital real paid registration to recognize paid registration, and annual test inspection as system to annual report publicity system, and perfect credit constraints mechanism of content, Clean the involved administrative regulations of the State Council.

After cleaning, the State Council decided: A, 2 administrative regulations be repealed.

(Annex 1) Second, parts for 8 sets of administrative regulations be amended.

(Annex 2)

This decision shall take effect on March 1, 2014.

　　　Annexes: 1. the State Council decided to repeal the administrative regulations

2. the administrative regulations of the State Council has decided to amend Annex 1 decided to repeal the administrative regulations of the State Council, the various parties to Chinese-foreign joint ventures financed a number of regulations (approval of the State Council on December 30, 1987, released January 1, 1988 Ministry of foreign economic relations and trade, industry and Commerce)

Second, the various parties to Chinese-foreign joint ventures funded by several provisions of the supplementary provisions of the (approval of the State Council on September 2, 1997, September 29, 1997, Ministry of foreign trade and economic cooperation, State administration for industry and published) Annex 2 to the State Council has decided to amend the administrative regulations and the People's Republic of China governing the registration of Companies Ordinance amendments (A) by deleting the Nineth fifth; the Nineth to eighth and amended as: "limited liability company or joint stock promoter's name or title.

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(B) by deleting section 13th "paid-up capital". (C) amend article 14th: "shareholders ' contribution shall comply with the provisions of the company law article 27th, but shareholders may not in labor, credit, natural person, goodwill, franchises or creation of a security property, such as pricing, investment.

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(D) by deleting article 20th fourth, fifth and third paragraph. (E) by deleting article 21st fourth, fifth; the third paragraph as follows: "to raise the establishment of Corporation, should also be submitted to the inaugural meeting records and legally established verification certificate issued by the capital verification certificate; to raise the establishment of limited public offering of shares shall also be submitted to the approval of the securities regulatory authority under the State Council document.

” (F) by deleting the 31st the first, second, third and fifth paragraphs; one paragraph is added as the first paragraph: "increase the registered capital of the company shall change the resolution or decision from the date of application for registration of changes in the 30th.

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(VII) by deleting article 32nd. (VIII) at its 35th to 34th, the first paragraph is amended as: "the shareholders of a limited liability company shall be from the date of application for registration of changes in the 30th, and should be submitted to the new subject qualifications of the shareholders or identity certificates of natural persons.

” (I) at its 57th to 56th and amended as: "the company registration authority shall register, public record information through the enterprise credit information system to the public.

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(J) by deleting Chapter Nineth.

(11) the tenth to Nineth chapter, title amended to read: "publication of the annual report, licenses and records management".

(12) an article shall be added as article 58th: "the company shall be from January 1 to June 30 of each year, through the business credit information publicity system to send an annual report on the company registration mouthpiece, and to the public. "The contents of the publication of the annual report, as well as supervision and inspection measures shall be formulated by the State Council.

” (13) article 63rd to 59th, one paragraph is added as the second paragraph: "national e-business license. Electronic business licenses and paper license shall have the same legal effect.

” (14) the 67th to 63rd and amended as: "the original business license, copy style, e-License standard and company-related key document format or form for registration by the State administration for industry and Commerce formulate uniform.

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(15) by deleting article 76th.

Second, the People's Republic of China registration regulation amended

(A) the title of the eighth chapter is amended as: "publicity and control." (B) the 23rd is amended as: "the registration authorities shall be registration, public record information through the enterprise credit information system to the public.

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(C) article 24th is amended as: "the Corporation shall be from January 1 to June 30 of each year, through the business credit information disclosure system to competent registration authority annual report, and to the public. "The contents of the publication of the annual report, as well as supervision and inspection measures shall be formulated by the State Council.

” (D) the 25th paragraph amended as: "the business license, copy of the business license, shall not be forged, altered, leased, lent or sold. "The addition of a fourth paragraph:" national e-business license. Electronic business licenses and paper license shall have the same legal effect.

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(E) by deleting article 26th "annual inspection" and "annual fees". (F) the 30th the third modification of paragraph as follows: "in accordance with the provisions for cancellation of registration".

Fourth amendment: "forgery, alteration, lease, lend, transfer or sell the business license, copy of the business license."

Third, the People's Republic of China Law on Sino-foreign joint venture regulations amended

13th fourth amended as: "the total investment of the joint venture, with registered capital of, the contributions of the parties to the joint venture, investment, investment mode, duration, transfer capital contribution provision, distribution of profit and loss sharing ratio".

Four, the People's Republic of China implementing rules of Chinese-foreign contractual joint ventures to make changes

13th fourth amended as: "the total investment of the joint venture, with registered capital, all parties subscribed to capital contributions, investment or provide cooperation input method, the term".

Five, the People's Republic of China amended implementing rules of foreign law

(A) 15th article is revised as follows: "the total investment and registered capital, subscribed capital, investment, investment term." (B) the 20th article is revised as follows: "the share of total investment and registered capital of a foreign capital enterprise shall comply with the relevant regulations of China.

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(C) by deleting the 27th paragraph. (D) article 30th is amended as: "foreign investors pay term shall, on the establishment of the enterprise applications and foreign-funded enterprises set out in the regulations.

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(E) by deleting article 31st.

(F) by deleting section 32nd.

VI of the People's Republic of China partnership enterprise registration regulation amended

(A) the sixth chapter heading is revised as follows: "publicity and control." (B) an article shall be added as article 31st: "partnership enterprise registration organs shall be registered, public record information through the enterprise credit information system to the public.

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(C) at its 31st to 32nd and amended as: "the partnership shall be from January 1 to June 30 of each year, through the business credit information publicity system to the registration organ to last year's annual report, and to the public. "The contents of the publication of the annual report, as well as supervision and inspection measures shall be formulated by the State Council.

” (D) at its 32nd to 33rd, one paragraph is added as the second paragraph: "national e-business license. Electronic business licenses and paper license shall have the same legal effect.

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(E) by deleting article 42nd.

(F) by deleting section 43rd.

Seven, to the individual business Ordinance amended (A) the Nineth one paragraph is added as the third paragraph in the article: "national e-business license. Electronic business licenses and paper license shall have the same legal effect.

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(B) amend article 14th: "individual businesses shall be from January 1 to June 30 of each year, to the registration authorities to submit annual reports.

"The individual should be responsible for the authenticity and legality of its annual report. "Annual report on individual measures shall be formulated by the Administrative Department for industry and commerce under the State Council.

” (C) an article shall be added as article 15th: "registration authority does not comply with annual reporting obligations pursuant to the provisions contained in the individual into abnormal business directory and business credit information publicity system to the public.

” (D) an article shall be added as article 16th: "the registration authority to receive the annual report and of the individual industrial and commercial household spot checks shall not charge any fee.

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(E) by deleting article 23rd.

Eight, make amendments to the registration of farmers ' professional cooperative management Ordinance (A) one paragraph is added as a third paragraph to article 17th: "national e-business license. Electronic business licenses and paper license shall have the same legal effect.

” (B) amend article 19th: "registration of farmers ' professional cooperative document format, styles original and copy of the business license and electronic license standards, formulated by the Administrative Department for industry and commerce under the State Council.

” (C) an article shall be added as article 32nd: "establishment of farmers ' professional cooperatives annual reporting system. Annual report of farmers ' professional cooperatives measures shall be formulated by the Administrative Department for industry and commerce under the State Council.

” In addition, the relevant provisions of administrative regulations in order to make the appropriate adjustment.