Administrative Measures On The Registration Of Institutions In Jiangsu Province

Original Language Title: 江苏省事业单位登记管理办法

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(June 21, 2007 the river 89th meeting consideration and adoption of your provincial people's Government of Jiangsu Province, on July 2, 2007, the 35th release as of August 1, 2007) Chapter I General provisions article in order to regulate the registration of institutions management, safeguards the legitimate rights and interests of the institutions, of the interim regulations on the registration and administration of public institutions under the State Council (hereinafter referred to as the regulations) and the facts of the province, these measures are formulated.
    Second institution mentioned in these measures refers to social welfare for the purpose, organised by the State or other organizations organized by the use of State-owned assets, engaged in education, science and technology, culture, health and other social services organizations.
    Third institution within the administrative area of the province by the local people's Governments at or above the county level and their departments concerned (hereinafter referred to as approval authority) approved establishment shall, in accordance with the provisions of the Ordinance and these rules, registration or filing.
    Institutions should be qualified as legal persons.
    Fourth public institutions shall comply with laws, rules, regulations and national policies. Fifth Government set-up authority of local people's Governments at or above the county level shall belong to institutions registration authority (hereinafter referred to as the registration authority) is responsible for the implementation of the institution's management of the register.
    Government set-up authority of local people's Governments at or above the county level shall strengthen the institutions of registration authority registration and administration of supervision and inspection. Sixth the registration authority in accordance with the Ordinance and these rules, to supervise and administer the institutions.
    Institutions shall accept and cooperate with the registration authority's supervision and management.
    Chapter II jurisdiction of registration article seventh graded registration management in public institutions.
    Provincial registration management work shall be responsible for the registration of institutions across the province.
    Eighth article province, and set district of city, and County (City) registration management organ perform following duties: (a) law developed about institutions registration management of specific provides; (ii) is responsible for this level registration jurisdiction range within institutions registration management work; (three) province and set district of city registration management organ Guide and supervision check subordinate registration management organ of institutions registration management work; (four) law investigation violation Ordinance and this approach of behavior; (five) is responsible for institutions registration management of electronic of work;
    (F) the provision of relevant social services, (VII) shall carry out other duties in accordance with law.
    Nineth article province, and set district of city, and County (City) registration management organ is responsible for following institutions of registration management: (a) this level party, and Government directly under the institutions; (ii) this level Standing Committee, and CPPCC held of institutions; (three) this level court, and Attorney held of institutions; (four) this level party, and Government the sector held of institutions; (five) directly or indirect using this level financial funding of social groups held of institutions;
    (Six) this level State-owned assets supervision management institutions perform funded people duties of enterprise held of institutions; (seven) this paragraph Qian six items listed institutions held of institutions; (eight) other organization held of Crown this level administrative name words of institutions; (nine) superior registration management organ authorized registration management of institutions; (ten) law should by this level registration management organ registration management of other institutions.
    The County (City) registration authority responsible for registration management of township organized by the institutions to which they belong.
    Tenth District, district registration administration organ shall perform the duties and jurisdiction of registration, district of the city established by the registration authority in accordance with the Ordinance and these rules stipulate provincial registration authority record.
    11th different levels of joint institutions, organized by the high levels of unit institutions registered with the registration authority management; institutions of the same level, different administrative units organized, by their respective administrative areas common to the registration authority of higher registration authorities registration and management.
    12th chapter III registration and registration procedures registration of institutions include: name, residence, purpose and scope of business, legal representative, sources of funding (start-up funding), organizer, etc.
    13th institution name, refers to the character of the institution, by size, industry, organization, composed.
    Institution name must not contain the following text: (a) detrimental to the public interests of the State and society, (ii) may result in fraudulent or misleading, (c) prohibited by laws and regulations.
    14th an application for registration of the company name may not be registered name and cancellation of registration for less than 3 years of business units have the same name or similar. Institutions generally use a name. Applicants applying for registration of more than one name, the registration authority identified by the review necessary can be approved and registered and the certificate of legal persons in public institutions will be the first name on the name displayed in parentheses after the first name.
    Unit for seal, bank account and other uses of the name should match the name registered and approved.
    15th article approved and registered by the registration authority of the institution name is protected by law. 16th institution residence, refers to the principal place of business in public institutions.
    Registration of a business entity can only apply for a residence.
    Institutions applying for registration should post the home address can be served on the address.
    17th institution purposes, refers to the main purpose of organized institutions. Business scope of public institutions shall comply with the requirements for the purpose of, and its capital, sites, equipment, personnel and technology to adapt.
    National business subject to accreditation or licensing matters, institutions must obtain the approval of the relevant departments or after licensing, before they can apply for registration.
    18th legal representatives of public institutions, and is in accordance with the statutory procedures, representative institutions to exercise civil rights and responsibility to fulfil civil obligations.
    19th institution funding source refers to the institution's revenue streams, including financial support (fixed allowance for budget management, financial) and non-financial assistance (from the) two categories. Start-up funds in public institutions, refers to the institution when it was approved and registered can bear civil liability for all currencies reflected.
    Start-up funds in public institutions including the organization units or contributors grant ownership of property in public institutions and the institution's own assets.
    Start-up funds in public institutions should be denominated in Renminbi.
    20th institutions holding unit, refers to the organized institution of investment bodies or administrative authorities, or are investors and held together as a unit by the Administrative Department. 21st institution registration of establishment, change of registration, cancellation of registration in accordance with the following procedures: (a) application.
    The applicant the registration request to the registration authority.
    Applicant shall fill in the application, and the application is responsible for the authenticity of the material. (B) accepted.
    Registration authority on the preliminary review of the application submitted by the applicant, to accept or not to accept the decision. (C) review.
    Registration authority in accordance with the relevant provisions examines whether the applicant meets the required conditions for registration. (D) approval. Registration administration organ shall, from the date of receipt of the application materials in the 30th, to approve the decision to register or not to register.
    Is not registered, it shall explain the reasons. (V) (pay) certificate, chapter.
    The registration authority to grant registration certificate of institution to the institution of legal person; submit grant of the institution to change certificate of the institution of legal person, collection of changes before the certificate of legal persons in public institutions, should also be collected before the change of the name of the unit of change seal to granting institutions withdraw the institution of the cancellation of registration certificate of legal entity and seal. (Vi) notice.
    Registration of registered and approved by the regulatory body or institution, through a public offering of newspapers and other media to society announcements.
    Announcements include: institution name, home, business, legal representative, the sources of funding (start-up funding), the certificate number of the units, institutions organized legal.
    22nd article of the fourth chapter establishment registration apply for registration of legal persons of public institutions, subject to the following conditions: (a) approved by the approving authority, (ii) has its own name, organization and premises, (iii) their business activities in China and (d) its operational activities funded; (v) the ability to independently assume civil liability. 23rd article application institutions corporate registration, should to registration management organ submitted following file: (a) institutions established registration applications; (ii) institutions statutory representative people registration application table; (three) institutions articles draft; (four) approval organ approved established of file; (five) funding source of related proved file; (six) statutory inspection funding institutions issued of assets proved; (seven) residence property proved, and authorized using proved or rental proved; (eight) intends any statutory representative people of served file and residents body
    Certificate copy; (IX) other relevant documents as required by the registration administration organ.
    Enterprises, institutions, social organizations, such as the use of State-owned assets held in public institutions, shall also submit the proof of the legal personality of the holding unit.
    Scope of business in the State to implement accreditation or licensing and management matters, shall produce proof of accreditation or licensing.
    24th institution has to handle other types of legal persons registered, should be after the cancellation of other type of legal entity, can apply for and institutions corporate registration.
    25th due to a merger or Division and the newly established institutions shall apply for registration.
    26th registration authority registration sites in established institutions, through the integration of the registration.
    Registration authorities to implement e-Government, establish institutions registration Web site.
    27th institution should be received within 60 days from the date of the certificate of legal persons in public institutions, seal design, bank account number and other registration authority record. Fifth chapter registration 28th institutions of the need to change of registered particulars, shall be filed with the registration authorities to apply for registration of change.
    Unauthorized alteration, public institutions are not allowed to change registration.
    29th article changes matters, the institutions shall be approved by the relevant departments or change the date of the decision in the 30th, the registration administration organ for change registration. Article 30th institution apply for registration of change, alternation shall be submitted to the registration authority an application for registration and of the original and copy of the certificate of legal persons in public institutions. According to change matters of different, also should according to following provides submitted other corresponding file: (a) change name of, submitted approval organ approved file; (ii) change residence of, submitted new residence proved file; (three) change purposes and business range and content involved national implemented qualification recognized or practice industry license management matters of, submitted qualification recognized or practice industry license proved file; (four) change statutory representative people of, submitted institutions statutory representative people registration application table, and
    Of appointment of the legal representative to be appointed, and copies of identity cards (v) change the funding source, funding source change documentation; (vi) change the start-up funding, capital verification certificate issued by a statutory capital verification organization.
    31st due to a merger or Division of public institution changes its registered items, you should apply for registration of change.
    32nd institution changes its name, and should be received within 60 days from the date of the certificate of legal persons in public institutions, will change after the unit seal design, bank account number and other registration authority record.
    Sixth chapter cancellation registration 33rd article institutions has following case one of of, should to registration management organ application cancellation registration: (a) held units decided dissolved of; (ii) for merged, and Division dissolved of; (three) in accordance with legal, and regulations and this units articles, itself decided dissolved of; (four) institutions corporate registration law was revoked, or institutions corporate certificate was revoked of; (five) law should cancellation registration of other case.
    Article 34th institution prior to cancellation of registration, should set up a liquidation organization under the guidance of the approval authority, and complete the work of settling its accounts.
    35th article institutions should since liquidation end of day up 15th within, to registration management organ submitted following file, handle cancellation registration: (a) cancellation registration applications; (ii) revoked or dissolved of proved file; (three) about organ confirmed of liquidation report; (four) institutions corporate certificate original, and copy and the units seal; (five) registration management organ requirements submitted of other related file.
    Article 36th by the registration authority to cancel the registration of institutions, approved the cancellation of registration the date of termination. Seventh chapter record 37th article meet following conditions one of of institutions, should in was approved established or about decided made of day up 30th within, by about competent sector or the institutions to registration management organ record: (a) legal provides has corporate conditions, and since approved established of day up that made corporate qualification of institutions; (ii) legal, and administrative regulations provides has corporate conditions, and by about competent sector law audit or registration, has made corresponding of practice industry license book of institutions; (three) party
    , National people's Congress, Government, institutions directly under the established by the Committee.
    The 38th record of institutions, in addition to the matters listed in article 12th, should also include proof of licensing or approval document of the establishment.
    Registered institution, the registration administration organ shall, from the date of receipt of the filing certificate of legal persons in public institutions will be issued in the 30th.
    39th article of record items change in public institutions, shall be filed with the registration authorities handle the change record is dissolved, disbanded, and should cancel the record.
    The eighth chapter certificate of management and use of the 40th institution is the institution of the legal certificate of the legal entity as the only legitimate credentials.
    The institution includes an original and a copy of the certificate of legal persons, shall have the same legal effect. 41st article institutions for following activities Shi, should to about sector show institutions corporate certificate: (a) engraving seal, and handle motor vehicle ship licence; (ii) bid about social security; (three) application open state bank account, and loan; (four) bid tax registration, and relief tax, matters; (five) application engaged in business activities, apply for about card as; (six) handle state-owned assets registration, and statistics registration, and land registration, and property registration; (seven) bid charges license, purchased led receipt, and invoice; (eight
    ) Agencies establishment; (I) the formalities for the transfer of personnel and wage fund management; (j) legal proceedings, civil matters, (11) bid for customs matters (12) to require the production of certificates of other activities of legal persons in public institutions.
    42nd article repealed by the certificate of the institution legal institutions, application for a new certificate of the institution of legal person, in accordance with the procedures of applying for establishment registration.
    The 43rd article of any unit and individual shall forge, alter, lease, lend, transfer or intentionally damaging the certificate of legal persons in public institutions. Outside the 44th article in addition to the registration authority, and any other entity or individual shall confiscate or detain the certificate of legal persons in public institutions.
    Otherwise provided by laws and regulations, from its provisions.
    Article 45th loss, damage to the institution of public institution certificate of legal entity shall, in accordance with provisions in the public offering of the newspaper declared void after, replacement, renewal application to the registration authority.
    46th Nineth supervision and management institutions shall operate within the business scope registered and approved.
    Activities of public institutions, in accordance with the relevant provisions of the State's legal income, must be used in accordance with the purposes and scope of business activities.
    Institutions receiving donations, subsidies, must conform to the institution's purpose and scope, in accordance with donor and sponsor at the prescribed time, and legitimate purposes.
    47th institutions concerned must be national finance, price, personnel, and management system, accept the financial, taxation, price, audit, supervision of the personnel department.
    48th registration administration organs shall supervise institutions mainly include: (a) monitoring institution in accordance with the provisions for registration and submission of annual reports, (ii) to monitor public institutions carrying out activities in accordance with the registration, (iii) stopping, investigating institution acts in violation of the Ordinance and these rules.
    49th public institutions shall be from January 1 to March 31 of each year, to the registration authority and approving organ on the annual implementation of the regulations and the annual report on the way.
    The 50th annual report of the public institutions should include the following: (a) operational activities; (b) profit and loss of assets, (iii) performance and reward, and (iv) litigation and social complaints; (v) the registration situation at the end of; (vi) other circumstances shall be reported in accordance with law.
    51st article institutions in submitted annual report Shi, also should submitted following file: (a) institutions corporate certificate original, and copy; (ii) about qualification recognized or practice industry license proved file; (three) Shang a annual end of balance sheet or statutory inspection funding institutions issued of audit report; (four) statutory representative people served file; (five) residence proved; (six) registration management organ requirements submitted of other related file.
    52nd registration administration organ shall, on receipt of the institution's annual report and related documents within 30th of, in accordance with the relevant provisions of the State review, the examination institution, in its original and on the copy of the certificate of legal persons in public institutions make the qualifying mark.
    53rd tenth chapter legal liability institutions not legally registered, registered by the registration authority ordered a replacement procedures fails to go through, by registration authority recommends that the unit in charge and other direct liable persons shall be given disciplinary sanctions.
    54th institution by fraud, bribery or other improper means to obtain approval and registration, registered by the registration authority be revoked according to law, it is recommended that the unit in charge and other direct liable persons shall be given disciplinary sanctions.
    55th article institutions has following behavior one of of, by registration management organ give warning, ordered deadline corrected, and informed its held units; plot serious of, by approval organ agreed, be revoked registration, collection institutions corporate certificate and seal: (a) not law handle change registration, and cancellation registration of; (ii) altered, and rental, and lending institutions corporate certificate or rental, and lending seal of; (three) violation provides accept, and using donation, and funding of. 56th institution has one of the following acts, rectification by the registration authority or the relevant Department, it is recommended that the unit in charge and other direct liable persons shall be given disciplinary sanctions.
    Otherwise provided by laws and regulations, those provisions shall: (a) is not in accordance with the registration activities; (b) the flight of start-up funds and (iii) does not comply with the requirements to submit annual reports; (d) refused to accept the registration authority of supervision and inspection.
    57th staff at registration authority the registration of institutions in the management of abuse, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    11th chapter supplementary articles article 58th institution registration fee in accordance with the national and provincial management regulations.
                                                                                                                59th these measures shall come into force on August 1, 2007.