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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

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Registration of a number of provisions for the management of the business units of the sea

(Adopted at the 130th ordinary meeting of the Government of the Shanghai City, held on 19 December 2011, No. 75 of 22 December 2011, by Order No. 75 of the Government of the Shanghai City People's Government, which came into force on 1 February 2012.

Article 1 (Deputy and basis)

In order to regulate the registration of the operation of this city unit, guarantee the legitimate rights and interests of the cause unit and promote the healthy development of the social cause, and in accordance with the Provisional Regulations for the Registration of the Career Unit and the relevant provisions of the State, this provision is formulated in conjunction with the actual provisions of this city.

Article 2 (As applicable)

This provision applies to the registration of a unit of the city's administration and its associated management activities.

Article 3 (The registry management system)

The communes and districts (at the district) government agencies are responsible for the registration of the management body (hereinafter referred to as the registration management body) to carry out the management of the business units within the Territory. The municipal registration management authorities provide guidance and oversight on the management of registration authorities in the district (zone).

Human resources social security, quality technicians, public safety, finance and tax sectors, in accordance with their respective responsibilities, are jointly registered in the management-related work.

Article IV (Rights of the registry administration)

The registry management shall perform the following duties:

(i) Execution of regulations governing the registration of units of the State and the city concerned;

(ii) To deal with violations of registration regulations by law;

(iii) Counselling, training and registration of management information queries.

Article 5 (Reservation jurisdiction of the municipal registry administration)

The municipal registration management body is responsible for the registration management of the following units:

(i) Removal units;

(ii) Care units organized by municipal authorities;

(iii) Care units organized by social groups that directly or indirectly use municipal financial funds;

(iv) The unit of the cause set out in subparagraphs (i) to (iii) of this article;

(v) The registration of a unit of cause authorized by the National Agency for the registration of management;

(vi) The law shall be registered by the municipal registry administration.

Article 6 (Reservation authority of the registry administration)

The registration management body is responsible for the registration management of the following units:

(i) The immediate cause unit in the area (the district);

(ii) Care units organized by district (territorial) bodies;

(iii) Care units organized by social groups that directly or indirectly use district-level financial resources;

(iv) The unit of the cause set out in subparagraphs (i) to (iii) of this article;

(v) Care units organized by the Government of the People's Republic and the Street Office;

(vi) The municipal registration management body has designated other business units that are registered by the district (zone) registration authority.

Article 7.

The city has established a registry management network service system to conduct online registration, annual testing, issuance of bulletins, information services and receipt of complaints, reporting, etc.

Article 8 (Establishment of registration)

The unit shall apply for registration to the same-level registration authority within six months from the date of approval of the establishment, through the registration of a management network service system through the unit.

Article 9 (Establishment of documents to be submitted)

The registration of legal persons from the applicant's unit shall be submitted to the registry administration for the following documents:

(i) The establishment of a registration application by a legal person of the enterprise unit;

(ii) The application form is registered by the statutory representative of the enterprise unit;

(iii) Draft statute of the unit of the cause;

(iv) Documents approved by the approving authority;

(v) The present document of the office of the statutory representative of the unit;

(vi) Reprinted or other identification documents to be made available to the population of the authorized representative;

(vii) The source of funding proves;

(viii) Received proof by a statutory qualification body;

(ix) The residence certificate;

(x) Other relevant documents requested by the registry administration.

Organizations such as utilities, social groups and organizations that use State assets to organize business units should also be submitted to the legal personality certificate of the organization.

The scope of the operation involves matters of recognition of qualifications or the licence of the operation, which are required to produce a corresponding certificate of recognition or a licence certificate of the operation and to submit its copies.

Article 10 (Establishment of registration review)

The registry administration shall review within 20 working days of the date of receipt of the request for registration and make a decision to grant registration. The granting of registration, the granting of a certificate of legal personality of the enterprise unit, and the non-registration, should explain the reasons.

Article 11 (Reducation)

The business unit changes in terms of name, legal representative, purpose and scope of operation, source of funding, residence and start-up funds or, in the case of mergers, a change in registration matters, shall apply for registration to the registry management authority by law through the registration of a management network service system.

Article 12 (Removal of documents to be submitted)

The business unit shall apply for a change in registration and shall submit a copy of the application for registration of corporate legal entities signed by the registry administration and the certificate of corporate property of the enterprise unit.

Other consequential documents should also be submitted for changes:

(i) Changes in name and submission of approval documents by the approving authority;

(ii) Changes in residence and submission of new residence certificate documents;

(iii) Changes in the purpose and scope of the operation and the content of the authorization of the authorized or competent industry, presentation of the corresponding certificate of recognition of the qualifications or the certificate of the licence of the operation and submission of copies;

(iv) Changes in the number of statutory representatives, registration of the application form by the statutory representative of the submitting unit, non-employment documents of the current statutory representative, proposed office of a statutory representative and a copy of the resident identification card or other identification documents;

(v) Changes in the source of funds and submissions of evidence reflecting changes in the source of funds;

(vi) Changes in the start-up of funds by submitting a test certificate from the statutory qualifications agency;

(vii) Other relevant documents requested by the registry administration.

Article 13 (Reparation review)

The registration management body shall, within 20 working days of the date of receipt of a change registration application, make a decision to grant a change registration. The granting of a change of registration shall be returned to the pre-removal corporate certificate, which shall be communicated by the registry administration to the new certificate of corporate property of the enterprise unit, and shall justify the reasons.

Article 14.

The unit shall be removed or dissolved and shall be established by law within six months for the liquidation of the liquidation organization and, within 15 working days of the end of the liquidation, the registration of the management network service system to the registry administration authorities for the write-off.

The registrar's unit of origin, which was cancelled by the registry administration, ended with legal entities from the date of approval of the write-off.

Article 15 (Application of documents to be submitted)

In the case of the cancellation of registrations, the registration management body shall submit the following documents:

(i) A written application for registration by a legal entity signed by a statutory representative;

(ii) Removal or disbanding documentation;

(iii) Reimbursement reports confirmed by the relevant organs;

(iv) Issuance of the unit's application for the write-off notice;

(v) The certificate of legal personality of the enterprise unit is in place, in a copy and in a copy thereof;

(vi) Other relevant documents requested by the registry administration.

Article 16 (Case of registration)

The registration management body shall, within three months from the date of the approval of the unit to establish registration, change registration or write-off registration, make the relevant announcements available to society.

Article 17 (Annual test)

The registry management body shall register the management network service system through the press and utilities units, prior to the start of the annual test, in order to inform the cause unit on time to participate in the annual test.

The Unit shall submit annual reports and other related materials to the registry administration through the registration of the management network service system by the cause unit from 1 January to 31 March each year.

The registry administration shall conduct annual testing of the unit by law within 20 working days from the date of receipt of the annual report and other related materials, including through the review of the annual report of the unit and the assessment of its integrity.

The registration management body may propose, in accordance with the annual test, adjustments and improvements to the enterprise units in institutions, staffing, financial inputs.

Article 18 (Requestion of certificates)

The corporate certificate of the enterprise unit should be replicated in accordance with the establishment of registration provisions.

Article 19 (Request for activities)

The certificate of legal personality of the enterprise unit is the only legal evidence of the qualifications of legal persons of the enterprise unit. There are no units that have obtained the certificates of legal persons of the treasury unit, and no activities shall be carried out in the name of the legal person of the enterprise unit.

The unit shall carry out its activities in accordance with the scope of the operation approved by the registry administration.

Article 20 (Up of certificates)

In carrying out the following activities, the corporate certificate of the enterprise unit should be presented to the relevant authorities:

(i) Reprinting, processing of motor vehicle fleets;

(ii) The statute of the organization;

(iii) The issue of social security;

(iv) The opening of bank accounts, loans;

(v) Tax registration, tax relief and other concessional requirements;

(vi) Carrying out business and giving the relevant evidence;

(vii) State asset registration management and statistical registration;

(viii) Land, property registration management;

(ix) The requisitioning project and criteria, the licence, the purchase of receipts, invoices;

(x) Legal proceedings, public hearings;

(xi) The recruitment and management of the wage fund;

(xii) Customs matters;

(xiii) Other matters requiring the presentation of the Corporate Legal Licence of the Business Unit.

Article 21

In the case of a change in name or the cancellation of registration proceedings, the delegation of the seal to the registry management body shall be transferred by the registry administration to the same public security sector for destruction; there is a need for a provisional reservation of the seal shall be made to the registry management body for the record and the processing of the closure of the proceedings. The closure period has been transferred from the registry to the same public security sector for more than two years since the date of the change in the name of the unit of approval or write-off.

The unit will need to use the seal within the time of the closure, which is monitored by the registry administration in accordance with the relevant provisions.

Article 2 (In fact, information management of the author)

The business unit should register, at the request of the registry management body, the management network service system through the unit of the cause, to send or confirm the information that is actually staffed; the information should be sent within 20 working days.

Article 23 (Public information)

The registration management body shall make the basic information and annual test results of the unit public to society in accordance with the law.

Article 24 (Social oversight)

In violation of this provision, any unit and individual may lodge complaints, reports to the registry administration.

The registration management body shall, within 20 working days from the date of receipt of the complaint, submit comments and inform the complainant or the reporting person in writing.

Article 25 (without reference to registration matters)

The unit does not apply for the establishment of registration, modification or write-offs, which is due to the duration of the order of the registry administration, and is processed by the registry administration by law.

Article 26 (Conventional activities)

The certificate of legal personality of the treasury unit has not been obtained by law, has been carried out in the name of the cause unit, or the certificate of legal persons of the treasury unit has been repealed, and activities are still carried out on behalf of the cause unit, and the registration authority is responsible for the cessation of activities and warnings.

Article 27, which goes beyond the processing of activities carried out within the scope of the operation

In violation of article 19, paragraph 2, of the present provision, the unit of the cause goes beyond the authorized scope of the operation, which is modified by the time limit of the responsibility of the registry administration; it was not later rectified to inform its organization and to provide warning.

Article 28 (Contrajecting the treatment of the information management provisions of the organization)

In violation of article 22 of the present provision, the unit of the cause has not been sent to or confirmed that it is true that the information on the part of the registered administration, or that it has not been communicated to the information within the prescribed time frame without change in the staff member, by the time limit of the issuance of the order by the registry management authority; that it has not been corrected; that it is not later, to communicate its organizational units and to give warning.

Article 29 (Administrative responsibility)

In violation of this provision, the staff of the registry administration consist of one of the following acts, which are governed by the law by the unit or by the superior authorities:

(i) The failure to perform statutory duties resulting in adverse consequences;

(ii) The discovery of the offence, the failure to investigate it in a timely manner or to provide it with accommodation and condonment;

(iii) The complaints received, the unduly verified and processed;

(iv) Other acts of abuse of authority, negligence, favouring private fraud.

Article 31 (Actual date of application)

This provision is implemented effective 1 February 2012.