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Interim Measures For The Commercial Registration In Guangzhou City

Original Language Title: 广州市商事登记暂行办法

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Provisional method of registration of business in the State

(Adopted by the 14109th ordinary meeting of the Municipal Government on 8 April 2014, No. 102 of 21 April 2005 by the Order No. 102 of 21 April 2005 of the People's Government of the Central State, which was launched effective 1 June 2014.

Chapter I General

Article 1 promotes economic development in order to move forward with the reform of the commercial registration system in this city, in accordance with the requirements of the State for the reform of the business registration system and the relevant legal, regulatory provisions, and in the light of the actual requirements of this city.

Article II of this approach refers to the applicant's application to the Commercial Registration Authority, which will be registered and made public by the Commercial Registration Agency for the purpose of establishing, changing, write-off matters.

This approach refers to natural persons, legal persons and other economic organizations that are legally registered to operate for profit purposes.

Article 3. Commercial registration and associated oversight management activities within the city's administration are applicable.

Article IV. The business administration sector is the business registration authority in this city responsible for the registration of the subject matter of business and its related oversight management, and is responsible for organizing this approach.

Other relevant administrative departments, within their respective responsibilities, are responsible for the administration of business-related projects and their supervision.

Article 5 Implementation of commercial registration should be guided by the principles of market ownership, subject autonomy and efficiency.

Chapter II Registration and filing

Article 6. Registration of business subjects includes:

(i) Names;

(ii) The place of residence of corporate legal persons, the residence of the individual exclusive enterprise, the main operating place of the partnership, the place of business of the sub-enter, the place of the branch or the place of operation, the address of the business unit and the place of operation of the individual business sector;

(iii) Types;

(iv) The statutory representative or other subject matter of business;

(v) Total funding;

(vi) Period of business;

(vii) The name of the investor (name).

Article 7. Reservations of business subjects include:

(i) statutes or agreements;

(ii) Operational scope;

(iii) Directors, custodial and senior management;

(iv) The members and heads of the liquidation team;

(v) Other operating places outside the provisions of article 6 (ii) of this approach.

Article 8. Types of business subjects include corporate legal persons, illegal business, corporate branches and individual business owners, which are specifically classified in accordance with the standards set by the National Business Administration.

Article 9. The name of the subject matter of a business shall be in accordance with the provisions of the law, administrative regulations and reflect its industrial or operational characteristics. Business activities carried out by business actors involve a variety of industries and should be described as an industry or business feature in the name.

The subject matter of business was pre-approved by the Commercial Registration Body for the application of the name, with the pre-approval period of six months and the automatic expiry of the expiry of the effective period. The name pre-approved shall not be used for the operation and shall not be transferred.

After registration by the commercial registration body, the owner may use its name and be entitled to name.

Article 10. The scope of operation is governed by documents such as statutes or agreements adopted by the business subject, which should be consistent with the classification criteria for the national economy.

Commercial registration authorities should provide guidance to business actors, in accordance with economic development needs, on the basis of the criteria for adjusting the scope of operation in a timely manner, in conjunction with national economic industries.

Article 11. Commercial registration authorities shall prepare lists of matters before the registration of a commercial matter and a directory of the matter of approval before the registration of a commercial matter shall be changed, implemented after the approval of the Government of the city and made public to society.

The business project is the subject of approval and is directly related to national security, ecological safety and security, and is included in the directory of pre-registration clearance matters, and other projects are included in the directory of the approval of the matter before the commercial registration.

Article 12. The scope of the operation of the business subject concerned the replacement of the approval of the matter before the registration of the business and the business registration authority should operate in the event of the approval of the notice of registration or a change in the scope of the operation by the subject matter of the business, in writing to the subject matter of the business to obtain a licence or approval of the document.

The business subject under the preceding paragraph is not granted a licence or approval of a document from the date of the business registration or modification of the scope of the operation, which shall be communicated to the society by the commercial subject matter information platform.

Article 13 Limited liability companies and the launch of the company's equity companies have introduced the registration of capital recognition systems. Commercial registration authorities register all shareholders, launchers' registered capital or buy-in shares and do not register capital.

A limited liability company and the launch of the establishment of a company withholding a minimum limit is not allowed.

The registered capital and the registration management of the capital received by the company for the creation of the company was implemented in accordance with the relevant laws, regulations.

The laws, administrative regulations and the Department of State have decided to register capital contributions for a limited liability company and shares, as well as the minimum capital threshold for registration.

Article 14. A limited liability company shareholders and the launch of an owner of the company's company, shall be subject to an agreement on the amount of funds, the means of funding, the proportion of non-monetary payments and the duration of funding, and to the corporate statute.

The duration of the funding shall not be agreed upon as a period of time and shall not exceed the period of time specified in the corporate statute.

shareholders, launchers are responsible for the authenticity of the payment of registered capital.

Article 15. The place of residence and operation of the business subject shall be fixed. The subject matter of business shall submit a certificate of use in the place of residence or in the place of operation when registration is made by the commercial registry.

The same address may be used as a residence or a place of operation under article 6, subparagraph (ii), of this approach, for registration by a commercial registration authority:

(i) Enterprises associated with investment;

(ii) Enterprises in specialized parks such as industrial parks, science and technology parks, approved by the Government of the people at district, district level.

Article 16 adds the place of operation within the area of residence, the district level, without requiring registration by the branch, but should be made available to the commercial registry.

The business subject shall apply for the registration of an additional operating place other than the place of residence, the district and district.

Article 17 The Commercial Registration Body should develop the material norm to be submitted by the subject matter of the business and the need for the filing of the case and make it available to society.

The applicant shall apply for the registration or filing of a business subject and shall submit the material in accordance with the normative requirements issued by the Commercial Registration Agency and be responsible for its authenticity.

The applicant shall apply for registration to the commercial registration authority after approval by the external administration.

Article 19 After the receipt by the commercial registry of the applicant's submission by the subject matter of registration, the processing shall be based on the following:

(i) If the material is incomplete or incompatible with the statutory form, the applicant shall be informed, within one working day of the date of receipt of the material, that the material is not known to be considered to be admissible, and that the material has a mistake that can be corrected at the present stage should allow the applicant to be corrected at the present stage.

(ii) The material is fully and in accordance with the statutory form, and the business registration authority shall be admissible and registered within three working days from the date of receipt. The business registration authority could not make a decision on registration within three working days, with the approval of the head of the business registration authority, which could extend three working days.

Article 20 Upon receipt by the Commercial Registration Agency of the submission of the submission of the material submitted by the author of the transaction, the processing shall be based on the following:

(i) The material is incomplete or not in accordance with the statutory form and should be communicated to the respondent within one working day of the date of receipt of the material to the material that is required to be filled and that the material is not known as being admissible, and that the material has a mistake that can be corrected at the present stage should be allowed to bring the copies to correction.

(ii) The material is fully and in accordance with the statutory form, and the business registration authority should be admissible. The registrar shall report the material in a field manner, and the business registration authority shall be present at the time when it is available; the licensor will report the material, including correspondence, fax, electronic data exchange and e-mail, and the business registration authority has been able to do so within three working days from the date of receipt.

When article 21, the subject matter of registration of a business subject or a change in the matter, the business subject shall, within 30 days of the change in the resolution or decision of the decision, process a change in registration or a change in the record.

Article 22 establishes important columns of the business licenses of the business subject, which contain the scope of the operation of the business subject, the registration of capital, the means of financing, the duration of the operation, the duration of the operation, the annual report, the licence approval, etc., and the method of obtaining information.

Chapter III Annual report and operation of an unusual name

Article 23 of this city introduces the annual report system of business subjects.

The business subject shall submit the previous annual report to the commercial registry from 1 January to 30 June each year.

The subject matter of business established in the year was presented in the next annual report.

In the context of the annual report submitted by the business subject, the enterprise should complete the basic information sheets, accompany the statement of assets liabilities, the profitable form, which is also required to submit the cash flow tables; the branch, the individual business and industry only complete the basic information form.

Business subjects are responsible for the authenticity of the contents of the annual report.

Article 25 The Commercial Registration Body shall, within 15 working days from the date of receipt of the annual report submitted by the subject matter of the business, submit annual reports to the social identifier and establish a system for the examination of annual reports.

Article 26 The subject matter of business shall be subject to the suspension of the licence of the business or the suspension of the registration, and shall be subject to timely write-off registration without having to submit an annual report to the commercial registry.

Article 27 of the Commercial Registration Body shall establish an omnibus by the subject matter of the business and include a business subject in one of the following cases, an omnibus of the operation, and issue through a commercial subject information platform:

(i) No annual report is submitted for two consecutive years;

(ii) The owner of the business of the commercial registry does not operate in the approval of the residence.

Commercial registration authorities should be included in the credit regulatory system by the subject matter of the operation of an unusual directory and its legal representative, the investor.

Article 28 of the Commercial Registration Body incorporates the subject matter of a business subject in an unusual directory, which shall be communicated to the business subject by an information leaflet on the business subject, the grounds and the basis of the statement and the right of the business subject.

The commercial registration authority has not fulfilled its notification obligations, which is enshrined in the operation of an unusually script.

The subject of article 29 was included in the operation of a omnibus under three years and was corrected to be included in the omnibus of the operation, which could be transferred to the Commercial Registration Agency for an application from an unusual directory. The commercial registry shall decide and inform the applicant within 10 working days of the date of receipt of the request.

The subject matter of business is included in an unusual directory for more than three years and cannot be transferred from an unusual directory.

Chapter IV

Article 33 establishes a unified business registration information platform and a public information platform for business actors.

The commune government administration is responsible for the construction, management of the information platform for the management of commercial registration and the commercially important information platform; and the municipal information management sector is responsible for supporting the technology and maintenance of the platform.

Article 31 of the Commercial Registration Agency and other relevant administrations should be communicated, received, feedback from the subject matter of the commercial registration management information platform, registers, reserves, administrative licences and confirmations, annual reports, administrative penalties, etc., to achieve the sharing of information and to inform society in a timely manner through the information sheets platform of the subject matter.

Article 32 The Commercial Registration Agency shall transmit information on registration and filing matters to the Business Registration Information Platform within three working days from the date of the issuance of the notice of the granting of registration and the return.

Other relevant administrative departments at the municipal level should receive information through the Business Registration Information Platform within one working day and distribute information to the relevant administrative departments at the district and district levels in a timely manner in accordance with the management authority.

Article 33 shall be communicated to the Business Registration Information Platform within three working days after the approval or confirmation of administrative licences at all levels of the municipality.

The State, the provincial administrative licence approval department provides for administrative approval or confirmation, and the business subject matter may apply to the municipal counterpart management to transmit the approval or confirmation of the information on the matter to the Business Registration Information Platform; the municipal level does not correspond to the management, with the responsibility of the commercial registration authority to be sent under the request.

Article 34 quantify the following information shall be communicated by the commercial subjective information platform:

(i) The basis, procedures and duration of the business registration and filing;

(ii) Substantive norms, forms for the processing of commercial registration and submission;

(iii) Registration and archiving information of business subjects;

(iv) Submission of annual reports by business actors;

(v) The subject matter of the business is included in the publication of an unusual directory;

(vi) Information on the Honours of the subject matter of business by more than communes;

(vii) Information on administrative penalties imposed by the Commercial Registration Agency on the subject matter;

(viii) Other information that should be disclosed.

Other relevant administrative departments, such as administrative licence approval, shall communicate the following information through the informational platform of the business subject matter:

(i) The basis, procedures and deadlines for the processing of administrative authorizations and confirmations;

(ii) Substantive norms, forms for the processing of administrative authorizations and confirmations;

(iii) Information on administrative licence clearance and confirmation of matters;

(iv) The Government of the city-level people, and the above-mentioned executive organ of the city, which grants information on the honour of the subject matter of business;

(v) Information on administrative penalties imposed by this sector on the subject of business;

(vi) Other information that should be disclosed.

Article XVI provides information on the Honours by the Commercial Registration Agency and other relevant executive branches, and should include information on the award of organs, specific content and the duration of effectiveness.

Information on the administrative penalties of the subject matter of a commercial registry and other relevant administrations should include information on the name of the party, the characterization of the offence, the basis for the punishment, the type of punishment, the time of the punishment, and the time taken for the imposition of sanctions decisions.

Article 37 Commercial registration authorities and other relevant administrations should establish a mechanism for the accuracy of information about the information transmitted to commercial registration management information platforms and the business subjectal information platform, which should be found to be missing and wrong and should be corrected within two working days of the date of the discovery.

Chapter V Legal responsibility

Article 33 is one of the following cases: the Commercial Registration Body is in line with the Regulations on Conduct without Care in the Province of Broad Orientale and the relevant laws, regulations and regulations, and the relevant administrative licence approval authorities cooperate in the statutory terms of reference:

(i) The absence of a licence of business to carry out a production activity without authorization;

(ii) To continue to operate after the write-off;

(iii) borrowing, renting, licensed to operate;

(iv) Contrary-fessional licenses to operate;

(v) Other acts of misconduct under laws, regulations.

In connection with the investigation of an offence by the administrative licensor, it was found that the parties were suspected to be involved in the above-mentioned unwarranted operation and should be informed or transferred to the commercial registration body in a timely manner; it was found that the parties were suspected of committing an offence and transferred to the judiciary by law.

In one of the following cases, the relevant administrative licence approval authority is governed by the Ordinance on Conduct without Care in the Province of Broad Orientale and the relevant laws, regulations and regulations, and the Commercial Registration Authority cooperates within the statutory mandate:

(i) The law should be granted without administrative permission to carry out business activities;

(ii) No commercial registration is required under the law, but no administrative licence shall be obtained and the business activity within the scope of the licence shall be carried out;

(iii) The administrative licence has been revoked by law, cancelled, cancelled, cancelled and validated, and has not been subject to a provision for the reprocessing of administrative licences and has continued to operate within the scope of the licence.

In cases where the administrative licensor's investigation is carried out, it is not within the scope of the duties of this sector to be transferred in a timely manner to the administrative management inspectorate with administrative responsibilities; it is found that the parties have multiple offences, it should be known that the relevant administrative authorities are promptly checked or co-existed; it is found that the parties are suspected of committing crimes and transferred to the judiciary by law.

Article 40 consists of one of the following acts by the Commercial Registration Body and other relevant administrative departments, which impose administrative penalties in accordance with the relevant laws, regulations and regulations, and incorporate the information on the adverse conduct into the credit regulatory system by means of a public information platform for the commercial subject matter; legal, legislative, legislative or regulatory provisions do not provide for administrative penalties, fines of more than 500,000 dollars for corporate legal persons, fines up to 500,000 dollars for the self-employed, and fines over 3,000 dollars for other business actors:

(i) Submission of false material or other means of fraud conceal important facts, registration, filing or licensing procedures;

(ii) Submission of false evidence for the application of a public licence approval.

Article 40

(i) There is no requirement for a change in the registration process and a change of the duration of the period of time is being changed; a fine of up to 500,000 dollars for the self-employed and business occupants is less than 3,000 for other business actors.

(ii) In the absence of a provision for the processing of changes to the duration of the period of time; uncorrected, fines of up to €200 million for the self-employed and business occupants and up to 5,000 dollars for other business actors.

Article 42, in violation of article 23 of this approach, does not submit an annual report under the terms of the length of time being converted by the business registration authority; unprocessarily, a fine of up to $50 million for the individual business and business occupants and a fine of more than 5,000 for other business actors.

In violation of article 24 of this approach, the business subject submits false annual reports material, fines for more than 50,000 corporate legal entities and fines for more than 500,000 dollars for individual business and business owners and fines for more than 3,000 dollars for other business actors.

Article 44 governs the executive branch, such as the Commercial Registration Agency, the administrative licence approval and its staff, in the registration of commercial subjects and in the related oversight management process, there is abuse of authority, negligence, provocative fraud, by their office or by the inspection authority, in accordance with the authority of management, and criminal responsibility.

Annex VI

Article 48 fifteenth subjects of business are required to prove their specific scope of operation by the commercial registration body, which should be certified in accordance with the application of the business subject.

Article 46 Commercial registration authorities and other relevant administrations should develop regulatory implementation approaches that are consistent with this approach, in accordance with the provisions of this approach.

Article 47