Industrial and commercial administrative organs equity pledge registration
(Released September 1, 2008, State administration for industry and commerce, the 32nd since as of October 1, 2008) the first to regulate equity pledge registration, in accordance with the People's Republic of China real right law and other legal provisions, these measures are formulated. Article II to hold limited liability companies and joint stock limited equity pledge, has handled the registration, apply these measures.
Having registered a securities registration and clearing institution except for the company's equity.
Article the pledge equity company is responsible for registration administration for industry and commerce is equity pledge registration authority (hereinafter referred to as registration authority).
Industrial and commercial administrative organs at all levels of an enterprise registration authority equity pledge registration agencies.
Fourth equity pledge registration includes:
(A) the name of the pledgor and the pledgee;
(B) the pledged shares the name of the company;
(C) mass equity amounts. Article fifth applying for the registration of the pledge of the shares shall be transferable and the quality stakes. Has been frozen by the Court of equity, prior to the lifting of the freeze, not allowed to apply for equity pledge registration.
To the pledge of the equity of the company with foreign investment shall be subject to the original company for approval of establishment of authorities for approval before they can apply for the registration of the pledge. Sixth application for equity pledge registration of establishment, change of registration and cancellation of registration shall be proposed jointly by the pledgor and the pledgee.
Apply for equity pledge registration, by the pledgor or pledgee ex parte.
Applicants should apply for the authenticity and quality of the material right legality of contracts effectiveness, quality and integrity of the equity power to bear legal responsibility.
Section seventh for equity pledge registration, the following documents shall be submitted:
(A) the signature or seal of the applicant's equity pledge registration application;
(B) recorded that the pledgor's name (name) and its roster of shareholders of the limited liability company contributions copy or copy of AG shares held by the pledgor (have to be stamped with the company seal);
(C) the right of pledge contracts;
(D) the pledgor and the pledgee's qualification certificate or identity certificates of natural persons a copy of (the pledgor and the pledgee of natural persons is a matter I sign, affix corporate seal belonging to legal persons, the same below);
(V) other materials required by the State administration for industry and commerce.
Appointed representative or jointly entrusted agent should also submit proof of applicant's designated representative or jointly entrusted agent.
Eighth pledged equity amounts change, as well as the name of the pledgor and the pledgee (the name) or pledge of equity changes the name of the company, shall apply for registration of change.
Nineth apply for equity pledge registration, the following documents shall be submitted:
(A) the signature or seal of the applicant's equity pledge registration application; (B) the alteration of the registration documents.
Belonging to the pledged equity amount changes, pledge contract amendments or supplements submitted contract belongs to the name of the pledgor and the pledgee (the name) or pledge of equity changes the name of the company, submit a name or change the name of the certificate file and changed the qualification certificates or copies of identity certificates of natural persons;
(C) other materials required by the State administration for industry and commerce.
Appointed representative or jointly entrusted agent should also submit proof of applicant's designated representative or jointly entrusted agent.
Tenth article appeared the principal debt elimination and pledge to achieve, pledge to abandon the pledge or other circumstances prescribed by law the pledge to eliminate, shall apply for cancellation of registration.
Section 11th for equity pledge to cancel the registration, shall be submitted to the applicant signature or seal of the equity of the application for cancellation of registration of the pledge.
Appointed representative or jointly entrusted agent should also submit proof of applicant's designated representative or jointly entrusted agent.
12th pledge contract is confirmed as invalid or revoked in accordance with law, shall apply for deregistration.
Section 13th for equity pledge registration, the following documents shall be submitted:
(A) the signature or seal of the applicant's equity pledge registration application;
(B) a pledge contract is confirmed as invalid or revoked by law legal documents;
Designated representative or authorized agent should also submit the certificate of appointed representative or authorized agent of the applicant. 14th the registration authority for registration applications shall be registered and given a notice of registration on the spot.
Notice affixed equity pledge registration special registration authority.
Without an equity pledge registration scope or is not in the jurisdiction of the authorities and are not subject to this regulation, the registration authority shall inform the applicant, and returned to the application.
15th the registration authority should be based on applying for equity pledge registration complete and accurately recorded in the equity pledge registration, and shall be open for public inspection, copy.
Due to their own reasons for equity pledge registration records errors, the registration organ shall be corrected in a timely manner.
16th equity pledge registration register of the relevant instruments and formats text formulated by the State administration of industry and commerce. 17th these measures shall come into force on October 1, 2008.
