Provisions Of Shanghai Municipality For Administration Of Registration Of Institutions

Original Language Title: 上海市事业单位登记管理若干规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368209.shtml

Provisions of Shanghai municipality for Administration of registration of institutions

    (December 19, 2011 the 130th meeting of Shanghai Municipal review through December 22, 2011 released from the Shanghai Municipal People's Government, the 75th as of February 1, 2012) article (purpose and basis)

    In order to regulate the registration of institutions in the city administration, safeguard the legitimate rights and interests of institutions, promote the healthy development of society, in accordance with the interim regulations on the administration of the registration and relevant regulations of the State in public institutions, combined with the city's actual, these provisions are formulated.

    Article II (scope of application)

    The registration of institutions within the administrative area of the city and its related management activities, these provisions shall apply.

    Article (registration system) Municipal, district (County) Government agencies authority belongs to the registration authority in public institutions (hereinafter referred to as the registration authority) is responsible for the registration and administration of public institutions in the implementation of this area.

    The registration authority to the district (County) registration authorities to guide and supervise the registration management.

    Human resources and social security, quality and technical supervision, public security, finance, taxation and other departments in accordance with their respective responsibilities, to do work related to the registration of institutions management.

    Fourth (responsibilities of the registration authority)

    The registration administration organ shall perform the following duties:

    (A) implementing provisions, relating to the registration of institutions, and the management of the State;

    (B) according to the acts in violation of registration requirements;

    (C) provide services such as management consulting, training and registration information.

    Fifth (municipal jurisdiction of the registration authorities to register)

    Registration authority responsible for the registration of the following institutions:

    (A) municipal institutions;

    (B) organized by the municipal authorities and institutions;

    (C) directly or indirectly from the use of municipal funding of social groups and institutions;

    (D) of subsection (a) to (c), organized by the institutions listed institutions;

    (E) national institutions registered with the registration authority management institutions;

    (F) the law shall be registered by the municipal authorities responsible for registration of other institutions.

    Sixth (the district (County) jurisdiction of the registration authorities to register)

    The district (County) registration authority responsible for the registration of the following institutions:

    (A) region (s) directly affiliated institutions;

    (B) the district (County) level organized by the authorities and institutions;

    (C) directly or indirectly from the use of the district (County) level funding of social groups and institutions;

    (D) of subsection (a) to (c), organized by the institutions listed institutions;

    (E) the township (town) people, neighborhood offices organized by the institution;

    (F) registration authorities designated by the district (County) registration authority registration of other institutions.

    Seventh (network service service system)

    Registration of institutions established in this city management network service system, on-line registration, annual testing, publishing bulletins, information service and complaints, reports and so on.

    Eighth (registration of establishment)

    Institutions shall be established within 6 months from the date of the approval, through the registration of institutions management network service system, to the registration authority at the same level applying for establishment registration.

    Nineth (establishment registration of documents are required)

    Applications for establishment and registration of legal persons of public institutions, shall be submitted to the registration authority the following documents:

    (A) the application for establishment and registration of legal persons of public institutions;

    (B) the application form for registration of the legal representatives of public institutions;

    (C) the draft statute of the institution;

    (D) approval authorities approved the establishment of the document;

    (E) the legal representative to be appointed the current appointment of the administrative functions of the unit;

    (F) copy of identity card of the legal representative to be appointed, or other identity documents;

    (G) funding sources;

    (VIII) a legally authorized investment verification certificate issued by the capital verification certificate;

    (I) residence certificate;

    (10) other relevant documents as required by the registration administration organ.

    Institutions, social organizations and other organizations to use State-owned assets held institution, shall also submit the proof of the legal personality of the holding unit.

    Business matters related to accreditation or licensing matters, required to produce the corresponding accreditation certificate or licensing certificate and submit a copy of.

    Tenth (establishment registration review) Registration administration organ shall, from the date of receipt of a registration request within 20 working days to review the decision whether or not to grant registration.

    To grant registration, issuing the certificate of legal persons in public institutions rejects the registration, it shall explain the reasons.

    11th (change of registration)

    Institution name, legal representative, and the purpose and scope of business, sources of funding, changes in residence, start-up capital and other matters, or due to a merger or Division needs to change some registered items, shall be registered in accordance with law and institutions management network service system, the registration administration organ for change registration.

    12th (change of registration of documents are required)

    Apply for registration of change of public institution, it should be submitted to the registration authority signed by the legal representative of the legal entity for registration of change of public institution application forms and copies of copies of the certificate of legal persons in public institutions.

    Due to different changes, should also be submitted to the other corresponding document:

    (A) changing the name, approval documents submitted to the approving authority;

    (B) change their place of residence, submitting a new proof of residence;

    (C) change the purpose and business scope and content related to accreditation or licensing, produce appropriate proof of accreditation or licensing certificate and submit a copy of;

    (D) change of legal representative, submit application form for registration of the legal representatives of public institutions, current legal representative removed from Office documents, the legal representative to be appointed post files and copy of identity card or other identity document;

    (E) change of funding sources, funding source change documentation;

    (F) change of start-up funding, submitted by a legally authorized investment verification certificate issued by the capital verification certificate;

    (G) other relevant documents as required by the registration administration organ.

    13th (registration review) Registration administration organ shall, from the date of receipt of a registration request within 20 working days, the decision whether or not to grant registration.

    Registration is granted, institutions shall return the certificate of the institution of legal person before the change, by the registration authorities issue a new certificate of the institution of legal person; no change of registration, it shall explain the reasons.

    14th (cancellation of registration)

    Cancellation or dissolution of the institutions shall, within 6 months of liquidation by clearing organizations set up according to law and within 15 working days from the date of completion of liquidation, through the registration of institutions management network service system applying to the registration authority to cancel the registration.

    Cancellation of registration by the registration authority of the institution, institution since the day approved the cancellation of registration of legal person terminates.

    15th (cancellation of registration of documents are required)

    Institutions for cancellation of registration, should be submitted to the registration authority the following documents: (a) signed by the legal representative of the institution application for cancellation of registration of legal persons; (ii) the revocation or dissolution of supporting documents;

    (C) the authority for confirmation of liquidation report;

    (D) publish the proposed application for cancellation of registration certificate;

    (E) the seal of the original and copy of the certificate of legal persons in public institutions and units;

    (F) other relevant documents as required by the registration administration organ.

    16th (registration)

    Registration administration organ shall approve institutions to set up registration, change or cancellation within 3 months from the date of registration, uniform issue to the community notice.

    17th (annual survey)

    The registration authority should be tested before the start of each year, through the press and registration of institutions management network services system, in the form of announcement inform the institution to attend the annual examination.

    Institution shall be from January 1 to March 31 of each year, through the registration of institutions management network service system, to the registration authority to submit its annual report and other related materials. 

    The registration authority shall receive annual reports and other relevant material within 20 working days of the date, through the review of annual reports of public institutions, credit rating or any other means, shall conduct annual inspection on institutions.

    Registration authority may in accordance with the annual examination, institutions are proposed to the relevant Department in the Organization, staffing, funding and other aspects of adjustment and improvement.

    18th (re-apply for the certificate)

    Institution fails to participate in the annual inspection, resulting in the institution automatically abrogated legal person exceed the validity period of the certificate, shall be registered in accordance with the established requirements, re-apply for a certificate of legal persons in public institutions.

    19th (operating requirements) Institution is the institution of the legal certificate of the legal entity as the only legitimate credentials.

    Without obtaining the certificate of legal persons in public institutions, not to institutions carrying out activities on behalf of the legal person.

    Institution shall be registered by the registration authority approved scope of business, carry out activities according to law.

    20th (certificate)

    Institutions carry out the following activities, should be presented to the Department the certificate of legal persons in public institutions:

    (A) the engraved seal, vehicle boat licence;

    (B) the bid organization code certificate;

    (C) application of social insurance;

    (D) opening a bank account, loan;

    (E) bid for tax registration, tax collection and other promotions;

    (F) enterprise and to apply for the license;

    (VII) registration of State-owned assets management and statistical register;

    (H) the registration of land and real estate management;

    (I) the hosting fees and standards, pay a license, purchase receipts, invoices;

    (J) legal proceedings, civil matters;

    (11) employment and wage fund management issues;

    (12) bid for customs matters;
(13) the Department concerned other matters require the production of the certificate of legal persons in public institutions.

    21st (destruction and storage of seals) Institution name change or cancellation of registration formalities in time, seal and should be turned over to the registration authority, destroyed by the public security departments at the transfer of the registration authorities; it is necessary to temporarily retain the seal, shall be filed with the registration authorities turned over to the seal and the seal formalities and be sealed by the registration authority.

    Hold period from the date of approval institution name change or cancellation, of not more than two years after more than two years, destroyed by the public security departments at the transfer of the registration authority.

    Seal of the institution during the term of storage required by the registration authority in accordance with the relevant provisions, supervising their use.

    22nd (actual staff information management)

    Institution shall be registered in accordance with the requirements of the management authority, through the registration of institutions management network service system, reported or confirmed information about actual staff; there is staff changes, shall submit the relevant information within 20 working days.

    23rd (information disclosure)

    Registration administration organ shall be the institution of basic information and test results to the public.

    24th (supervision)

    Violations of the provisions of this Act, any unit or individual can complain to the registration authority, to report.

    The registration administration organ shall, upon receiving the complaint, within 20 working days from the date of the report and put forward opinions and shall inform the complainant or informant.

    25th (not registered in accordance with the provisions of the relevant transactions are processed)

    Institutions failing to apply for registration of establishment, change of registration or cancellation of registration, handled by the registration authority ordered; fails to go through, are handled by the registration authority in accordance with law.

    26th (illegal activities)

    Failing to obtain the certificate of legal persons in public institutions and unauthorized activities on behalf of the institution or the institution certificate of legal persons has been abolished, still carrying out activities on behalf of the institution, the registration authority shall order to stop activities and given a warning.

    27th (beyond the scope of business activities)

    Violation of the provisions of the second paragraph of this article 19th institutions beyond the range approved and registered scope of business activities, the registration authority shall order correction within; it fails, its Organizer, and given a warning.

    28th (breach of staff information management regulations)

    Violation of the provisions of this article 22nd, institutions not registered in accordance with the requirements of the management authority submit or confirm that there is a staff of relevant information, or after the change in actual staff, are not within the specified time limits to submit relevant information, the registration authority shall order correction within; it fails, its Organizer, and given a warning.

    29th (administrative)

    Violation of these provisions, registration authority staff, one of the following acts, shall be given administrative sanctions by the unit or by the competent departments:

    (A) fails to perform the statutory duties, the adverse consequences;

    (B) finding violations, failing to investigate or covering up and conniving illegal acts;

    (C) to verify complaints, reports are not timely received, processing;

    (D) abuse of power, dereliction of duty or engages in other activities.

    30th (execution date) These regulations come into force February 1, 2012.