Pingtan Comprehensive Experiment Zone Of Commercial Registration Management

Original Language Title: 平潭综合实验区商事登记管理办法

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Pingtan comprehensive experiment zone of commercial registration management

    (November 26, 2013, 13th meeting of the people's Government of Fujian province through Fujian Provincial people's Government, the 130th November 29, 2013 release come into force on the date of promulgation) Chapter I General provisions

    First in order to promote the opening up and development of Pingtan comprehensive experiment zone, convenient to create an excellent environment for investment and entrepreneurship, in accordance with the relevant laws and regulations and the Standing Committee of the Fujian Provincial people's Congress on accelerating the Pingtan comprehensive experiment zone open development decision, combined with the Pingtan comprehensive experiment zone, these measures are formulated. Article of this regulation is applicable in the Pingtan comprehensive experiment zone of commercial registration, and related supervisory activities.

    This solution has been provided for, in accordance with the provisions of relevant laws and regulations.

Article in the Pingtan comprehensive experiment zone of Administration for industry and Commerce (hereinafter referred to as commercial registration office) in accordance with these measures is responsible for business registration and supervision and administration of commercial registration matters.

    Other administrative departments in charge of administrative approval (hereinafter permit approval authority) in accordance with the laws, rules and regulations, responsibilities in the context of the commercial subject is subject to approval of management supervision and administration, to investigate and punish failure to obtain approval of management behavior.

Article to the business registration office of the applicant to apply for business registration shall follow the principle of honesty and credit, submit application materials shall be true, valid and effective.

    Business registration organ business registration should be fair, fair and open principles, forms review of materials submitted by the applicant.

    Fifth business registration authorities shall set the commercial register record registration of commercial subject matters and matters of record.

Sixth implementation approved by the Registrar of the commercial registration authority system, legally in accordance with terms of reference approved by the Registrar of business registration.

    Provincial administration for industry and commerce shall establish in conjunction with the management of the Civil Service Department in Pingtan comprehensive experiment zone of commercial registration registrars offer, rating, benefits, rewards and punishments, such as supporting system, improve the working mechanism and improve registration efficiency.

    Chapter II registration of commercial subjects and certificate management

Article seventh legally registered commercial entity is divided into corporate, unincorporated enterprises, branches of enterprises and individual business categories, and by the commercial register shall be issued the appropriate business licenses.

Enterprise legal persons and unincorporated enterprises, branches of enterprises and individually-specific type, in accordance with the classification standards set forth by the Administration for industry and commerce under the State Council.

    Hong Kong S.A.R., and Macau S.A.R. Chinese citizens among the permanent residents and Taiwan residents are made in accordance with the relevant provisions of the State, apply for registration for individual businesses.

Eighth business registration matters include:

(A) name;

(B) the subjects of legal residence and business premises, non-principal place of business;

(C) the legal representatives (in charge);

(D) the total subscribed capital;

(E) business scope;

(Vi) term of operation;

(G) commercial body type;

    (H) the name or the name of the investment, and their subscription or undeclared contributions.

Nineth established commercial entity, shall submit the following materials to the business registration office:

(A) the application;

(B) the regulations or agreements;

(C) the domicile or place of business information materials;

(D) investment qualification certificate;

(E) the head of representation of members, senior management and other related documents and identification;

(Vi) other material provided by commercial registration office.

Applying for the establishment of required made the front commercial subjects of an administrative license, shall also submit the name approval notice.

    Commercial registration Department shall develop commercial subject modification and cancellation of registration requires submission directory and to the public. Article tenth "Pingtan" commercial subject's name with the word, the applicant may choose the name of the font size and industry characteristics and applied for registration, without prejudice to national interests, public interests, or violating social customs.

    The name dispute, settled by the parties through consultation, it may bring a civil action. 11th commercial subject's direct registration system, involving national security, safety of life and property of citizens except for the need to achieve the preceding administrative license.

Specific lead administrative license approval list compiled by the Pingtan comprehensive experiment zone, reported to provincial people's Government for approval for implementation.

After the commercial license, can be carried out without approval business operations.

    Commercial subjects shall be submitted to approval by the relevant departments engaged in the project business activities shall, after registration, make an application to the approval authorities in accordance with law, licensing approval to carry out the business activities.

12th commercial main business scope is determined by its own choice, but except as prohibited by laws, regulations and decisions of the State Council.

    Commercial subjects in the statute or the agreement shall set forth the specific operation of the project.

    13th commercial body, with its principal place of business address or contact address for the residence. 14th business subject you can place in the residence of an additional business.

Business principal place of business is not in its commercial registration authority within its jurisdiction, should go through the registration of branches; place of business in the commercial area by the registration authority should choose management branch registration or place of business information business registration organ for the record.

    Commercial subject's place of residence, planning should be made according to law, environmental protection, fire protection and food safety, drug safety, health and other related license approved by the approval authority, it shall make an application to the authorities, approval to operate.

    The 15th when the applicant applies for business registration, should be submitted for proof of residence, site access, commercial registration office does not examine residence, place the statutory purpose and function, to the residence of the applicant, responsible for the authenticity, legitimacy, security in their business sites. 16th limited liability company and initiated the establishment of limited liability company registration capital subscription registration system, shareholders or promoters of its subscribed capital or subscription of shares in limited companies assume responsibility for public share offer limited subscription registration system do not apply.

When applying for establishment registration, commercial registration administration to all its shareholders subscribed registered capital or sponsors, applicants do not need to submit verification documents. Shareholder or promoter's name and subscribed capital contributions and the amount, duration of funding, investment and funding responsibility and other matters prescribed by the shareholders or promoters, and documented in the articles. Actual subscribed by shareholders or promoters, to issue an investment certificate or delivery of shares by the company.

The authenticity and validity of the registered capital paid by company shareholders or promoters are responsible for.

The paid-up capital of the company is no longer as a matter of company registration, accreditation agency established by law by the company paid in capital the capital verification certificate issued by the commercial registration record, record paid up capital as a matter of comment recorded in the license.

    Legal and administrative regulations provide otherwise on registered capital paid up registered, from its provisions. 17th styles developed by the commercial registration office of the business license and release. Commercial body established by law, its date of establishment date of issuance of the business license for the commercial subject.

    Business subject with engraved seal of business license, apply for tax registration, opening a bank account and other matters. 18th commercial body changes its registered items shall be registered with the business registration organ for change.

    Without registration, commercial subject without changing the registered items.

The 19th under any of the following circumstances, business subject should be filed with the commercial registration authority:

(A) the Association or agreement modifications, change;

(B) the paid-up capital of the company;

(C) personnel changes of Directors, supervisors and senior management;

(D) increases or reduce branches;

    (E) establishment of the liquidation team and member of the liquidation team and head movements.

20th under any of the following circumstances, subject to the business registration office shall be applied for cancellation of registration:

(A) the operating period prescribed by statute or agreement expires or the other grounds for dissolution occurs;

(B) dissolution of the resolution or decision made under law;

(C) dissolution of the merger or Division;

(D) the dissolution of the people's Court according to law;

(V) is declared bankrupt according to law;

(Vi) is ordered to close down according to law;

(G) the dissolution of the laws and regulations on the other.

    Business registration cancellation of registration, commercial body terminates.

    21st application for registration of commercial subjects, applicants can submit their applications to the business registration office, or by letter, telegram, telex, fax, electronic data interchange and e-mail applications, or directly through the business registration online service platform to declare.

22nd the application materials are incomplete or not in compliance with the statutory form, the commercial registration authority shall, within 1 working day of receiving the material once informed the applicant needs to supplement materials and application materials will be returned to the applicant.

The application materials are complete and comply with the statutory format, commercial registration office should be accepted, apart from the outside can be made on the spot decision of commercial registration, commercial registration authorities shall be registered within 3 working days and issue a license.

Not under commercial registration areas or outside the jurisdiction of the authorities of the matter shall decide not to accept immediately, and inform the applicant to apply to the relevant administrative departments.

    Commercial registration office within 3 working days to complete registration, business registration agency head approval can be extended accordingly. 23rd commercial subject is divided into an original and a copy of business license, copy of the original and has the same legal effect.

Business subject can be tailored to business needs to copy of commercial registration authority for the issuance of the business license number. Implementation of e-business licenses and full registration management.

    Commercial registration office can issue various types of commercial electronic license with paper license shall have the same legal effect.

24th no unit and individual shall forge, alter, rent, lend, transfer of business licenses.

    Business license is lost or damaged, the commercial subjects should be at or above the provincial level press statement void apply for a replacement.

    Chapter III supervision and management

25th Pingtan comprehensive experiment zone to establish a unified commercial credit information publication platform (hereinafter referred to as platform), used information platform for collecting, publishing and commercial subjects related to the administrative licensing approval and credit information, credit education for commercial body, ratings, warn.

    Licensing examination and approval departments and units should be relevant administrative approval and regulatory information timely and accurately and completely into the information platform.

The 26th annual report of the commercial registration system. From March 1 to June 30 each year, business subject should be addressed through information platforms to commercial registration office to submit an annual report to the public.

Established registered commercial entity, starting from next year, last year's annual report.

    Commercial entity annual reports submitted electronically through the Internet, e-file an annual report with a paper document shall have the same legal effect. 27th annual report business subject content must be true, lawful and effective.

Annual report should include the registration of commercial subject matter changes and filing matters, capital contribution, business project approval, mainly engaged in business and balance sheet and profit and loss account and other assets.

    Commercial registration authority annual report implementation of checks of the subject of the monitoring system.

28th article management exception list system.

Business subject, one of the following circumstances, by the business registration office will remove it from the commercial register, load management exception list, and incorporated into the credit monitoring system:

(A) failing to submit an annual report;

(B) by registered place of residence or business cannot be contacted.

Business registration institution in load management exception list before a decision is made, shall be notified by information as provided herein and commercial load management exception list decisions of the principal facts, reason and evidence, and informs its rights according to law.

    Business subject to load individual responsibility management exception list of investors, owners, directors, supervisors, Senior Manager information into credit supervision system.

    29th commercial load management exception list for less than 3 years and load management exception list disappears, commercial subject can request a recovery recorded in the commercial register of; commercial registration after examination and verification, to be removed from the exception list out, recovery recorded in the commercial register.

30th, commercial subject with any of the following circumstances, permanent load operation exception list, no recovery recorded in the commercial register, registration number instead of the name of:

(A) load management exception list for 3 years;

    (B) violation of the provisions on administration of Enterprise name registration, business registration office ordered corrective action fails to change.

    31st permanent load operation exception list, commercial subjects and its investors, owners, directors, supervisors, senior management shall bear the legal responsibility.

    Articles 32nd to load directory of business exception error, the registration authority shall revoke a decision to restore commercial subject's original entry in the register, and publicity.

33rd the following acts by the agencies responsible for the supervision and investigation of commercial registration:

(A) without obtaining the business license shall be obtained without authorization and engage in general business project management activities;

(B) approval has been made, without obtaining the business license shall be obtained according to law, without authorization, in the name of commercial subjects engaged in the operation of the licensed projects;

(C) submitting false materials or other fraudulent means to obtain business registration and filing;

(D) is not in accordance with the provisions for registration of change;

(E) is not in accordance with the provisions for the record;

(Vi) is not required to submit an annual report and of concealing the real situation, submitting false annual reports;

(VII) forge, alter, lease, lend, transfer of business licenses;

    (VIII) other circumstances as stipulated by laws and regulations.

Article 34th commercial subject scope of business, domicile and business establishments licensing approval, by the relevant administrative departments responsible for approval, in accordance with statutory duties to oversee.

    Should be made without obtaining permission to engage in related business activities, be investigated by the relevant approval Department.

    35th organ under commercial registration and licensing approval authority may take guidance, advice, recommendations and other administrative guidance, strengthen the monitoring of commercial subjects, to guide their legitimate and trustworthy management.

    The fourth chapter legal liability

36th in violation of this article fourth and 33rd in the first paragraph (c), (f) the provision of any of the following acts, by the business registration office a rectification; fails, more than 3000 Yuan and 30,000 yuan fines:

(A) the applicant did not submit application materials for the real, legitimate and effective;

(B) the commercial subject filing submitted false materials or other fraudulent means;

    (C) the commercial entity is not required to submit an annual report or concealing the real situation, submitting false annual reports.

    37th article violates this article 33rd (e) provides, not complying with the provisions of the record business bodies, by the business registration office a rectification; fails, less than 2000 Yuan and 20,000 yuan in fines.

    Article 38th commercial subjects of violations of these rules, approved by the business registration and licensing department or other relevant departments in accordance with this approach and other relevant laws and regulations be investigated and prosecuted.

    39th commercial registration and approval departments and units, is not in accordance with the provisions of the present article 25th publication credit information by the supervisory organs shall be ordered to correct, and criticized, in serious cases, pursue the administrative responsibility of those responsible.

    40th of the related staff in the management of commercial registration activities, abuse of power, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter supplementary articles

41st commercial registration in these measures refers to the applicant to apply to the business registration office, by the business registration office of commercial subject establishment, modification or cancellation of registration in the commercial register and public behavior.

    Business subject in these measures refers to being legally registered, for-profit business activities of natural persons, legal persons and other organizations.

42nd before the implementation of these measures has received business license remain in force. Commercial subjects shall from the date of implementation of these measures within 1 business register, apply for a new license.

    Change according to the specific measures shall be formulated by the business registration office. 43rd these measures come into force on the date of promulgation.