A Sole Proprietorship Enterprise Registration And Administration Procedures 2014 (Revised)

Original Language Title: 个人独资企业登记管理办法(2014年修正本)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398659.shtml

A sole proprietorship enterprise registration and administration procedures 2014 (revised)

    (January 13, 2000 for industry and Commerce announced the 94th announced February 20, 2014, State administration for industry and commerce, the 63rd since March 1, 2014, the State administration for industry and commerce on changes of People's Republic of China regulations on registration regulations, and the provisions on administration of foreign-invested partnership enterprise registration, registration of individual-owned enterprises approach, decisions of individual industrial and commercial household registration management regulations amendments)

    Chapter I General provisions

    First in order to confirm the qualification of a sole proprietorship enterprise, regulating individual-owned enterprises registered under the People's Republic of China the sole proprietorship enterprise law (hereinafter referred to as the individual-owned enterprises Act), these measures are formulated.

    Article creation, modification and cancellation of individual-owned enterprises shall, in accordance with the sole proprietorship enterprise law and the provisions of the registration of the present measures.

Article III registration of individual-owned enterprises approved by the registration authority in accordance with law, after registration, may engage in business activities.

    A sole proprietorship Enterprise shall be registered in the registration approved by the authorities within the law to engage in business activities.

Fourth Administration for industry and commerce is a sole proprietorship enterprise registration authority.

Circular of the State administration for industry and Commerce responsible for registration of individual-owned enterprises nationwide.

The province, autonomous region, municipality directly under the administration of industry and commerce is responsible for registration of individual-owned enterprises in the region.

    City and County industrial and commercial Administration Bureau and urban Administration Bureau for industry and commerce is responsible for registration of individual-owned enterprises within their respective jurisdictions.

    Chapter II establishment registration

    Fifth article establishment of a sole proprietorship Enterprise shall have the sole proprietorship enterprise law the conditions prescribed by article eighth.

Article sixth administration of registration of name of the name of a sole proprietorship Enterprise shall comply with the relevant provisions, and consistent with its form of liability and its type of business.

    In the name of a sole proprietorship Enterprise shall not use "limited", "limited" or the "company".

    Seventh article establishment of a sole proprietorship Enterprise shall be conducted by the investor or their authorized agent to the seat of the sole proprietorship enterprise registration authority for registration.

    Article eighth sole proprietorship registered items shall be included: company name, corporate residence, investors name and residence, amount and investment and business scope.

Nineth investors applying for establishment registration, shall submit the following documents to the registration organ:

(A) the investors signed the application for establishment of a sole proprietorship Enterprise;

(B) the investor's identity;

(C) the corporate domicile certificate;

(D) other documents submitted by the provisions of the State administration for industry and commerce.

Laws, administrative regulations, business must be reported to the relevant authorities for approval, approval documents shall be submitted to the relevant authorities.

    Agent of applying for establishment registration, shall submit a power of Attorney and agent of the investor identity or qualifications.

Article tenth application for establishment of a sole proprietorship Enterprise shall set forth the following:

(A) the name and domicile of the enterprise;

(B) the name and residence of the investor;

(C) the investor contributions and contribution;

(D) the scope of operation.

    A sole proprietorship Enterprise investors to personal property investment or property as a capital contribution to their families, should be clearly in the application form for the establishment. 11th registration authority shall, on receipt of the way article Nineth date of 15th of all documents, make a decision to register or not to register.

    Issued business licenses to be approved; not approved and issued registration rejection notice.

    12th personal owned date of issue of the business license for sole proprietorship date of establishment.

    Chapter III registration of changes

13th individual-owned enterprises change business name, domicile and business scope of the enterprise, should be made in the change date of the decision to the original registration organ for change registration in the 15th.

    Individual-owned enterprises change the investment name and residence, the amount and contribution shall be from the date of the change to the original registration organ for change registration in the 15th.

14th a sole proprietorship Enterprise shall apply for registration of change should submit the following documents to the registration authority:

(A) the application for registration of change signed by investors;

(B) the other documents submitted by the provisions of the State administration for industry and commerce.

Laws, administrative regulations, business must be reported to the relevant authorities for approval, approval documents shall be submitted to the relevant authorities.

    Entrusts an agent to apply for registration of the change, shall submit a power of Attorney and agent of the investor identity or qualifications. 15th the registration organ shall, upon receipt of the article 14th within the stipulated date of 15th of all documents, make a decision to register or not to register.

    Approval, a new license issued or notice of registration of changes; not approved and issued registration rejection notice. Article 16th individual-owned enterprises changed domicile area by the registration authority, registration of alternation shall be applied to the local registration authority.

    Local registration authority are accepted by the original registration organ to enterprise file transfer local registration authority.

Article 17th individual-owned enterprises investors changes resulting from transfer or inheritance, sole proprietorship enterprise may be submitted to the original registration organ transfer agreement or statutory inheritance documents, apply for registration of change.

    Individual-owned enterprises changing contribution which personal property and family property transformation and individual-owned enterprises can be submitted to the original registration organ to change contribution files, apply for registration of change.

    Fourth chapter registration cancellation

    18th individual-owned enterprises pursuant to the sole proprietorship enterprise law article 26th dissolved, should be left to investors or the assignee on the liquidation date of the 15th to the registration authority for the cancellation of registration.

19th a sole proprietorship Enterprise shall apply for cancellation of registration shall submit the following documents to the registration authority:

(A) the application for deregistration signed by the investor or liquidation;

(B) the liquidation report signed by the investor or liquidation;

(C) the other documents submitted by the provisions of the State administration for industry and commerce.

    Individual-owned enterprises for cancellation of registration, should return the business license. Article 20th registration authority shall, on receipt of the way article 19th date of 15th of all documents, make a decision to register or not to register.

    Approved and issued approval notices are not approved and issued registration rejection notice.

    Article 21st by the registration authority to cancel the registration, a sole proprietorship enterprise is terminated.

    Chapter fifth branch office registration

    22nd a sole proprietorship Enterprise shall set up branches, should investors or their authorized agents registered with the registration authority for the establishment of the branch is located.

    Article 23rd branches registered items shall be included: branch name, business location, owner name and residence and business scope.

24th a sole proprietorship Enterprise shall apply for the establishment of a branch shall submit the following documents to the registration authority:

(A) the application for registration of Branch Office established;

(B) seal registration authority of individual-owned copy of business license;

(C) management place certificate;

(D) other documents submitted by the provisions of the State administration for industry and commerce.

Branch offices engaged in legal and administrative regulations must be reported to the relevant authorities and approval of business, shall also submit the approval documents of the departments concerned.

Investors appointed branch head of the sole proprietorship Enterprise shall submit the investor appointed principal of the branch office proxy and its identity.

    Agent apply for branch establishment registration, shall submit a power of Attorney and agent of the investor identity or qualifications. 25th registration authority shall, on receipt of the way article 24th the date 15th of all documents, make a decision to register or not to register.

    Approved and registered, issued business license registration, issue written notice of such dismissal.

    26th branch of a sole proprietorship Enterprise shall apply for alteration registration, cancellation of registration, mutatis mutandis, the change of approach on solely individual-funded enterprises to apply for registration, cancellation of registration of the regulations.

    27th individual-owned enterprises should be approved in branches set up, change or cancellation of registration in the 15th after, registration of the branch is part of the record of the registration authority of the sole proprietorship enterprise.

28th sole proprietorship to the record of the registration authority, shall submit the following documents:

(A) the branch registration authority stamped with the seal of the branch business license copy, change notice of notice of registration or cancellation of registration;

    (B) the other documents submitted by the provisions of the State administration for industry and commerce.

    The sixth chapter of publicity and control

    29th the registration authority should be a sole proprietorship enterprise registration, record information through the business credit information publicity system to the public.

Article 30th a sole proprietorship Enterprise 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.

    Publication of the annual report and the contents of supervision and inspection in accordance with regulations of the State Council.

31st sole proprietorship business license includes originals and copies, copy of the original and has the same legal effect.

A sole proprietorship enterprise based on business needs, can contribute to the registration authority for the issuance of a number of duplicate of business license. A sole proprietorship enterprise business license is lost, it should be declared void in the press, and the registration authority to apply for a replacement.

    Sole proprietorship business license is damaged, shall be filed with the registration authority to request replacement.

    Article 32nd sole proprietorship business license should be placed prominently in the enterprise home.

33rd no unit and individual shall forge, alter, lease, transfer of business licenses.

    No units or individuals may lease, license.

    Article 34th original business license and copy of the sole proprietorship Enterprise style, formulated by the State administration for industry and commerce.

    The seventh chapter legal liability
35th has not been registered with the registration authority shall approve and license, engaged in business activities on behalf of the sole proprietorship enterprise, the registration authority ordered the cessation of business activities, up to 3000 Yuan fine.

    Article 36th sole proprietorship register, submitting false documents or other fraudulent means, obtained registration by the registration office ordered corrective action, up to 5000 Yuan fines; serious cases and revoked business licenses.

    37th sole proprietorship using the name instead of the name registered with the registration authority is not consistent, rectification, and fined 2000 Yuan fine.

    Article 38th sole proprietorship registration changes, these measures are not in accordance with the provisions for registration of change, the registration authority shall order correction within; fails to go through, and fined 2000 Yuan fine.

    39th individual-owned enterprises not complying with the provisions of the time registration of branch the branch is part of the record of the registration authority of the sole proprietorship enterprise, the registration authority shall order correction within; fails to record and fined 2000 Yuan fine.

    40th sole proprietorship business license is lost, not in the press statement of cancellation by the registration authorities imposed a fine of 500 Yuan fines; individual proprietorship business license is lost or damaged, to the registration authority does not apply for replacement or replacement, fined not more than 500 by the registration authority.

    41st sole proprietorship is not strikingly original business license is placed in enterprise locations, the registration authority shall order correction within; fails to correct, punishable by fines of less than 500 Yuan.

42nd a sole proprietorship Enterprise shall alter, lease or assign the business license, the registration office ordered corrective action, confiscate the illegal income, up to 3000 Yuan fines; the circumstances are serious, revoke their business licenses.

    Lease, the business license to engage in business activities, collected by registration authority license, shall be ordered to stop business activities, up to 5000 Yuan fine.

    Article 43rd forged a business license, by the registration authority ordered the closure of illegal income shall be confiscated, fined not more than 5000 Yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    44th after the establishment of a sole proprietorship Enterprise shall, without valid reason for more than 6 months is not opening, or ceases to 6 consecutive months after opening, revoke their business licenses.

    45th registration authority does not meet the legal requirements of individual-owned enterprises registered, or to comply with legal requirements of individual-owned enterprises registration, administrative sanctions shall be directly responsible shall be investigated according to law; constitutes a crime, criminal responsibility shall be investigated according to law.

    46th registration authority superior officers forced registration authority concerned does not comply with the legal conditions of individual-owned enterprises registered, or to comply with legal requirements of individual-owned enterprises not registered or illegal Registration Act covers up to registration authorities, administrative sanctions shall be directly responsible shall be investigated according to law; constitutes a crime, criminal responsibility shall be investigated according to law.

    The eighth chapter by-laws

    47th before the implementation of these measures in accordance with the People's Republic of China interim regulations on private registration and establishment of the private-owned enterprises, meet the conditions for the provisions of the sole proprietorship enterprise law, according to the sole proprietorship enterprise law and these rules, to be registered as an individual-owned enterprises. 48th these measures come into force on the date of promulgation.