Company Registration Procedures

Original Language Title: 企业登记程序规定

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(June 10, 2004, 9th the State administration for industry and Commerce announced as of July 1, 2004) Chapter I General provisions article in order to standardize the registration activities of companies, improve the efficiency of registration, in accordance with the administrative licensing law and other relevant laws, administrative regulations, this provision is enacted.
    Second Enterprise registration, registration, cancellation of registration of Enterprise name pre-approval application of this provision. Enterprise registration organs in accordance with article III of the application materials are complete review, whether to comply with the statutory format.
    In accordance with the statutory conditions and procedures, need to verify the substance of the application materials, according to the verification.
    Article fourth enterprise registration authority shall set up enterprise registration venue, through the integration of enterprise registration.
    Conditional registration organ shall establish a registration site, accepting an application for registration, applicants to download application format text, submit the application materials, query, such as provisions on administration of company registration and business registration.
    Fifth business registration office within the terms of reference, the enterprise registration applications were reviewed, on behalf of the enterprise registration authority to make a decision on whether to accept, register.
    Chapter II registration article sixth application for registration, the applicant or their authorized agents may submit an application in the following ways: (a) directly to the enterprise registration venue; (b) by post, fax, electronic data interchange, electronic mail, and so on. By fax, electronic data interchange, e-mail submission, it shall provide the applicant or the agent's contact information and mailing address.
    To the enterprise registration authority shall accept applications, the applicant shall, from the date of receipt of the notification of acceptance of 15th, submitted by fax, electronic data interchange, e-mail content and original application materials comply with the statutory format.
    Applicants shall, in accordance with article VII of the State administration for industry and Commerce developed application format text to apply and follow the registration laws, administrative regulations and the State administration for industry and commerce regulations to submit related materials.
    Legal, administrative regulations and the registration decision issued by the State Council to determine pre licensing program, the applicant shall submit a statutory license certificate or approval documents.
    Article the applicant shall truthfully submit to the registration organ related materials and reflect the true situation, and is responsible for the authenticity of the substance of the application materials.
    Chapter III reviews, hear and determine Nineth registration authority upon receipt of the registration application, should the application materials are complete and comply with the statutory format for review.
    Application materials are complete the State administration for industry and commerce in accordance with the registration laws, administrative regulations and rules require an applicant to submit all materials.
    Application materials comply with the statutory format refers to the application materials comply with the statutory time limit, recorded matter conform to statutory requirements, document format specification.
    Tenth as submitted by the applicant for registration review, Enterprise registration authority respectively to make admissibility decisions should be based on the following circumstances: (a) the application materials are complete and comply with the statutory format, it shall decide to accept.
    (B) the application materials are complete and comply with the statutory format, but application materials needed to verify, should decide to accept, at the same time inform the applicant in writing require verification with, reason and time.
    (C) application errors that can be corrected on the spot, should be allowed the right to correct them on the spot corrections, by the correct people at the correct signature or seal, indicate the correct date confirmed the application materials are complete and comply with the statutory format, it shall decide to accept. (D) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th time inform all applicants need to supplement the content. When informed, application materials will be returned to the applicant and decide not to accept.
    Falling within the 5th told shall charge material and provide the credentials received materials.
    (V) does not belong to the registration area or outside the jurisdiction of the authorities of the matter shall decide not to accept immediately and inform the applicant to apply to the relevant administrative body.
    By mail, fax, electronic data interchange, e-mail submission, shall from the date of receipt of the application within the 5th making admissibility decisions.
    Right to correct people in these rules refers to the applicant or explicitly authorized by the applicant, and matters related to application and content of the text can be changed by the person in charge. 11th the enterprise registration authority deems it necessary to verify the substance of the application materials, should send more staff, to verify the application materials.
    After verification, and submit "application materials verification report", according to the decision whether or not to grant registration verified.
    12th an enterprise registration authority decision accepting an application for registration, each Party shall within the period specified in the decision whether or not to grant registration: (a) the applicant or their authorized agent to submit applications to the enterprise registration venue to be admissible, it should be decided to grant registration on the spot.
    (B) by way of mail submission of an application to be admissible shall be from the date of acceptance of the 15th in the decision to grant registration. (Three) through fax, and electronic data exchange, and e-mail, way submitted application of, applicants or its delegate of agent to enterprise registration places submitted application material original of, should spot made granted registration of decided; through mailing way submitted application material original of, should since received application material original of day up 15th within made granted registration of decided; applicants submitted of application material original and by accepted of application material not consistent of, should made not registration of decided; will application material original as new application of Should be based on the Nineth and tenth, 11th and 12th of regulations.
    Since the issue of the enterprise registration authority within 60 days from the date of the notification of acceptance, not received the application of original material, shall make a registration decision.
    Need to verify the application materials shall be from the date of acceptance of the decision whether or not to grant registration in the 15th.
    Article 13th after the first review by the subordinate registration authority according to law by the registration authority decision of enterprise registration applications, subordinate enterprise registration authority shall, from the date of acceptance of the 15th in the review.
    14th by the registration authority under the local people's governments accepted at and to convey to the relevant departments to implement interconnection approval, approval procedures and deadlines in accordance with the provisions of the local people.
    Except as provided in this article 12th 15th article (a) outside the decision to grant registration, decide to accept the enterprise registration authority, shall issue a notification of acceptance; decision inadmissible, shall issue a rejection notice and indicate the inadmissibility grounds. 16th article enterprise registration organ made granted Enterprise name advance approved of, should issued Enterprise name advance approved notice; made granted enterprise established registration of, should issued granted established registration notice, told applicants since decided of day up 10th within, received license; made granted enterprise change registration of, should issued granted change registration notice, told applicants since decided of day up 10th within, renewal license; made granted Enterprise cancellation registration of, should issued
    Grant notice of cancellation of registration, collection of business license.
    Enterprise registration decisions made by the registration authority, shall issue a notification of refusal of registration, indicating the reason for registration and inform the applicant have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Fourth chapter revoked and revoked of cancellation registration 17th article has following case one of of, Enterprise registration organ or its superior organ according to interest relationship people of requests or according to terms, can revoked registration: (a) abuse, and negligence made granted registration decided of; (ii) beyond statutory terms made granted registration decided of; (three) on not has application qualification or not meet statutory conditions of applicants made granted registration decided of; (four) law can revoked made granted registration decided of other case.
    Licensee obtaining registration by fraud, bribery or other improper means, shall be revoked.
    In accordance with the provisions of the preceding two paragraphs deregistration may cause significant harm to the public interest, it shall not be annulled, shall be ordered to correct or rectify. 18th corporations setting up registration be cancelled or revoked, shall cease business activities, organize liquidation according to law.
    Within 30th since the date of liquidation, the liquidation organization shall apply for cancellation of registration.
    19th is the abolition of the registration or revoke business licenses of enterprises according to law, the establishment of unincorporated branches of business activities should be discontinued, for cancellation of registration according to law; its invested enterprises shall handle the registration or cancellation of registration.
    The fifth chapter registration, open 20th enterprise registration authority shall, in an enterprise registration venue announcement the following: (a) the registration, (ii) registration basis; (c) the conditions for registration and (iv) registration procedures and deadlines; (e) submit the application materials directory; (vi) registration fees and basis; (VII) application format model.
    Upon the request of the applicant, the registration organ shall be publicized in the preceding paragraph, clarification, explanation.
    21st enterprise registration authority shall establish a register of enterprises, for inspection by the society.
    Registration materials relating to State secrets, business secrets and personal privacy, the registration organ shall not be open to the public.
    Sixth chapter supplementary articles article 22nd enterprise mentioned in these regulations include all types of enterprises and their branches.
    23rd enterprise groups and foreign (region) enterprises representative institutions, foreign (region) enterprises engaged in production and business activities in the territory registered in China with reference to these provisions.
                                                                          24th article of the regulations come into force on July 1, 2004.

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