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Enterprise Annual Inspection Procedures

Original Language Title: 企业年度检验办法

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(February 24, 2006 of the State administration for industry and Commerce announced 23rd come into force on March 1, 2006) first in order to strengthen the supervision and administration of enterprises, maintaining the market economic order, based on the registration administration of Companies Ordinance, the registration regulations, the management of partnership enterprise registration and other relevant provisions of these measures.
    Second approach applies to the registration of a limited liability company, Corporation, non-legal person of the company, partnership, sole proprietorship enterprises and their branches, come to China to engage in business activities of foreign countries (regions) enterprises, as well as other business units (hereinafter enterprise).
    Third annual examination (hereinafter examination), submit to the enterprise registration authority shall on an annual basis in accordance with inspection of the materials, and periodically conducts inspections relating to registration matters of supervision and management system. Fourth section runs from March 1 to June 30, companies should submit annual information to the registration organ. Justified before June 30 and you can submit postponed the inspection request to the enterprise registration authority, approved by the registration authority may be extended to 30th.
    Enterprises should be responsible for its authenticity to the inspection of the material.
    Established registered company, starting from next year to participate in the annual inspection.
    Article at all levels of the enterprise registration authority is responsible for the registration of companies undergoing the inspection.
    By the registration authority may authorize a subordinate registration authority on registration of enterprise annual inspection.
    Enterprise registration authority may be entrusted by the local administration for industry and commerce on registration of enterprises to carry out inspection.
    Sixth annual Inspector program: (a) submit annual materials, (ii) materials for enterprise registration authorities accepting and examining the enterprise annual inspection and (iii) enterprises pay annual fees; (iv) enterprise registration authority in the stamped copy of business license inspection stamp and return the business license copy.
    Seventh article Enterprise declared annual should submitted following material: (a) annual report book; (ii) enterprise specified of representative or delegate agent of proved; (three) license copy; (four) business range in the has belongs to enterprise registration Qian reset administrative license business project of, stamped Enterprise seal of related license documents, and approved file of copies; (five) National Business Administration General provides requirements submitted of other material.
    Enterprise legal person shall submit the balance sheet and profit and loss accounts, companies and enterprises with foreign investments shall also submit the audit reports issued by the accounting firm.
    Unincorporated branches of enterprises, should also be submitted to the branch's business license copy.
    Has entered a liquidation of enterprises submit only materials listed in the first paragraph.
    Article eighth unincorporated branches, come to China to engage in business activities of foreign countries (regions) enterprises, other business units reporting inspection in addition to the materials of the first paragraph of this article seventh, non-branch shall also submit the attached photocopy of the business license of the enterprise last year had annual; other operating units shall also submit the certificate of qualification attached to the body copy.
    Article Nineth annual report included the following: (a) the registration, (ii) filing matters and (iii) foreign investment; (d) the establishment, dissolution branch (v) operations.
    Unincorporated branches of enterprises, to engage in business activities in China of foreign (region) enterprises and other business unit annual report covers only the preceding paragraph (a) of the content.
    Submit to the tenth annual inspection of materials, content integrity, and the enterprise registration authority shall accept and accept the notice issued, but in accordance with these measures except for the 12th annual inspection stamp stamped on the spot.
    Submitted by annual inspection of materials are complete or incomplete, the enterprise registration authority not to accept and issue contained inadmissible on the grounds of a rejection notice.
    11th the registration organ shall be completed within 5 working days from the date of the acceptance for registration of companies involved in the inspection of materials, for the record book-review of relevant content, except that the substance needs to be verified.
    The substance needs to be verified, should be assigned more staff for verification. 12th, upon examination in accordance with provisions of the stamped copy of business license annual inspection stamp and return the business license copy; do not meet requirements, ordered to rectify, in line with the requirements, copy of business license annual inspection stamp stamped and returned to the business license.
    One, belonging to it shall change registration and change of licence particulars, changes after registration, stamp inspection stamp on the new copy of business license.
    13th article enterprise registration organ on company of annual material main review following content: (a) company whether according to provides using company name, change name whether according to provides handle change registration; (ii) company change residence whether according to provides handle change registration; (three) company change statutory representative people whether according to provides handle change registration; (four) company has no false registered capital behavior; shareholders, and sponsors whether according to provides paid funded, and has no flight funded behavior; (Five) business range in the belongs to enterprise registration Qian reset administrative license of business project of license documents, and approved file whether was revoked, and revoked or validity expires; business activities whether in registration of business range within; (six) shareholders, and sponsors transfer equity whether according to provides handle change registration; (seven) business term whether due; (eight) company modified articles, and change Director, and prison thing, and Manager, whether according to provides handle record procedures; (nine) established branch whether according to provides handle record procedures,
    Whether branch is dissolved, ordered to close down or revoked by law; (j) after the company entered liquidation, the liquidation in accordance with the provisions of filing procedures (11) If a natural person established a more limited liability company.
    14th article enterprise registration organ on non-company corporate of annual material main review following content: (a) enterprise whether according to provides using Enterprise name, change name whether according to provides handle change registration; (ii) enterprise change residence, and business places whether according to provides handle change registration; (three) enterprise change statutory representative people whether according to provides handle change registration; (four) enterprise change economic nature whether according to provides handle change registration;
    (Five) business range in the belongs to enterprise registration Qian reset administrative license of business project of license documents, and approved file whether was revoked, and revoked or validity expires; enterprise business activities whether in registration of business range within; (six) has no flight, and transfer registered funds behavior; (seven) business term whether due; (eight) established, and revoked branch institutions whether according to provides handle change registration; (nine) competent sector change whether according to provides handle record procedures; (ten) Enterprise articles has no modified. 15th article enterprise registration organ on partnership enterprise of annual material main review following content: (a) enterprise whether according to provides using Enterprise name, change name whether according to provides handle change registration; (ii) enterprise change business places whether according to provides handle change registration; (three) enterprise change implementation partnership Affairs of partner whether according to provides handle change registration; (four) business range in the belongs to enterprise registration Qian reset administrative license of business project of license documents, and approved file whether was revoked, and
    Revoked or validity expires; enterprise business activities whether in registration of business range within; (five) enterprise of business way whether in registration of business way within; (six) partner of name and the residence change whether according to provides handle change registration; (seven) partner of funded amount and the funded way change whether according to provides handle change registration; (eight) established, and revoked branch institutions whether according to provides handle change registration. 16th article enterprise registration organ on personal owned enterprise of annual material main review following content: (a) enterprise whether according to provides using Enterprise name, change name whether according to provides handle change registration; (ii) enterprise change residence whether according to provides handle change registration; (three) investors of name and homes change whether according to provides handle change registration; (four) business range in the belongs to enterprise registration Qian reset administrative license of business project of license documents, and approved file whether was revoked, and revoked or validity expires
    Enterprise business activities within the registered scope of business; (e) enterprise mode of operation within the registration mode of operation; (vi) investors ' contributions and contribution to change in accordance with the provisions for registration of change.
    17th article enterprise registration organ on Enterprise illegal people branch institutions, and to China engaged in business activities of foreign (area) enterprise, and other business units of annual material main review following content: (a) whether according to provides using name, change name whether according to provides handle change registration; (ii) business (business) places change whether according to provides handle change registration; (three) head change whether according to provides handle change registration;
    (D) business enterprises registered in front of administrative license business licensing documents, whether the approval is withdrawn, revoked or expired business activities within the registered scope of business; (v) other business units affiliates change in accordance with the provisions for registration of change.
    18th entrusted to companies undergoing the inspection business registration office and the Administration for industry and commerce should be commissioned by Enterprise annual inspection report before the July 31 registration organ.
    Enterprise registration authority shall be notified on July 31 before the inspection of the condition of the company by the local administration for industry and commerce, industry and commerce administration inspection information should be included in the economic accounts of the enterprise information. 19th enterprises not subject to annual testing pursuant to the provisions of section, the registration organ shall order its deadline to accept an annual inspection. Belonging to the company, and a fine of 10,000 yuan and 100,000 yuan fine. Belongs to the branch, non-legal person of the company and its subsidiaries, to engage in business activities in China of foreign (region) enterprises, as well as other business units, and a fine of 30,000 yuan fine.
    Belonging to the partnership, sole proprietorship enterprises and their branches, and a fine of 3000 Yuan fine. Enterprises in the order is not accepted within a period of annual inspection, the enterprise registration authority shall be published.
    From the date of announcement, still do not accept inspection within 60 days, revoked business licenses. 20th Enterprise annual inspection of concealing facts, fraud, companies registration office should be ordered to correct them. Belonging to the company, with more than 10,000 yuan to 50,000 yuan fine; the circumstances are serious, revoke their business licenses. Belongs to the branch, non-legal person of the company and its subsidiaries, to engage in business activities in China of foreign (region) enterprises, as well as other business units, and a fine of 30,000 yuan fine.
    Belonging to the partnership, sole proprietorship enterprises and their branches, and a fine of 3000 Yuan fine.
    21st enterprise registration authorities through annual inspections, found violations of the provisions on administration of enterprise registration, in addition to correction can also be punished in accordance with the relevant provisions on administration of enterprise registration.
    22nd enterprise registration organs and their staff to meet the requirements of the grant examination or does not meet the requirements of enterprise annual inspection, as well as annual fees, charges for a ride on behalf of withholding other costs, solicitation or acceptance of other people's property, or seeking other interests, in charge and other personnel directly responsible, law and discipline to hold corresponding responsibilities.
    Article 23rd annual report format, enterprises inspection stamp style, formulated by the State administration of industry and commerce. 24th article this way come into force on March 1, 2006.
  December 13, 1996, Commerce, 61st announced on December 3, 1998, Commerce amended the 86th annual inspection procedures abolished at the same time.