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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II REGISTRATION APPLICATIONS CHAPTER III EXAMINATION, ACCEPTANCE AND DECISION CHAPTER IV DEREGISTRATION FOR REVOCATION AND WITHDRAWAL CHAPTER V REGISTRATION ANNOUNCEMENT AND PUBLICITY CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. With a view to regulating the enterprise registration acts and promoting the registration efficiency, the present Provisions are formulated in accordance with the Administrative License Law and other relevant laws and administrative regulations. Article 2. The present Provisions shall be applicable to the establishment registration, modification registration and advance approval of enterprises' names. Article 3. An enterprise registration organ shall, in accordance with the law, examine whether the application materials are complete or not, and whether they meet the statutory form or not. Under statutory conditions and procedures, if it is necessary to verify the actual content of any application material, it shall do so in pursuance of law. Article 4. An enterprise registration organ shall establish an enterprise registration office to handle the matters relating to enterprise registration in a unified way. An enterprise registration organ shall, where possible, set up an enterprise registration website to accept the enterprise registration applications and to facilitate the applicants in downloading the standard application form, submitting the application materials and inquiring about the enterprise registration handling information and the administrative provisions on enterprise registration. Article 5. The functionaries of an enterprise registration organ shall, within the scope of their duties, examine the enterprise registration applications and make acceptance or registration decisions on behalf of the enterprise registration organ. CHAPTER II REGISTRATION APPLICATIONS Article 6. When applying for enterprise registration, an applicant or its authorized agent may submit an application by the following ways: (1) Going to the enterprise registration office directly; or (2) By mail, fax, electronic data exchange and e-mail, etc. Where an application is submitted by a fax, electronic data exchange or e-mail, the contact information and correspondence address of the applicant or its agent shall be offered. As for an application accepted by the enterprise registration organ, the applicant shall, within 15 days from the day when it receives the Acceptance Notice, submit the original application materials that conform to the fax, electronic data exchange or e-mail and tally with the statutory form. Article 7. An applicant shall submit an application according to the standard application formulated by the State Administration for Industry and Commerce (hereinafter referred to SAIC) as well as the relevant materials according to the enterprise law, administrative regulation, and rules and bylaws of the SAIC. Where an application involves any licensing item prior to enterprise registration determined by the law, administrative regulation and decision of the State Council, the applicant shall submit the statutory licensing certificate or approval documents. Article 8. An applicant shall faithfully submit relevant materials to the enterprise registration organ and inform it of the actual information, and shall be liable for the authenticity of the substantial content of the application materials. CHAPTER III EXAMINATION, ACCEPTANCE AND DECISION Article 9. After a registration organ receives an registration application, it shall examine whether the application materials are complete or not and whether they tally with the statutory form. The complete application materials refer to all the materials that the enterprise registration laws, administrative regulations and rules require an applicant to submit. The application materials that tally with the statutory form means that the application materials are submitted within the statutory time limit, they satisfy the statutory requirements in content and their text formats conform to the standards. Article 10. After the enterprise registration organ examines the registration application submitted by an applicant, it shall make a decision whether to accept it or not in light of the different circumstances as follows: (1) If the application materials are complete and tally with the statutory form, it shall decide to accept the registration application; (2) If the application materials are complete and tally with the statutory form, but necessary to be verified, it shall decide to accept the application and inform the applicant in writing of the matters subject to verification, the reasons and time; (3) Where the errors in the application materials can be corrected on the spot, a person who has right to make corrections shall be permitted to do so on the spot, and the person who completes the corrections shall affix his signature or seal to the correction places and mark the date. After that, if the application materials are complete and tally with the statutory form, it shall decide to accept it or not; (4) Where the application materials are incomplete or inconsistent with the statutory form, it shall inform the applicant on the spot or inform it within 5 days of all the items that need to be supplemented or corrected. When doing so, it shall return the application materials to the applicant and make a decision of rejection. If it informs the applicant of the aforesaid items within 5 days, it shall accept the materials and issue a receipt as proof; (5) Where the matter applied for doesn't fall within the enterprise registration scope or isn't within the jurisdiction of this organ, it shall decide to reject the application at once and inform the applicant of the proper administration organ, to which it shall file an application. Where an application is filed by mail, fax, electronic data exchange or e-mail, the registration organ shall decide whether to accept the application or not within 5 days after it receives it. The term "the person who has right to make corrections" mentioned in the present Provisions refers to the applicant or a handler who, upon explicit authorization of the applicant, may modify the relevant items and diction or content in the application materials. Article 11. Where an enterprise registration organ believes that it is necessary to verify the substantial content of any application material, it shall designate two or more personnel to verify it. After they complete the verification, they shall submit a Report on Verification of Application Material. The enterprise registration organ shall decide whether to approve the registration or not according to the actual circumstances. Article 12. The enterprise registration organ shall, within the prescribed time limit, decide whether to approve the applications that it has decided to accept in light of different circumstances as follows: (1) Where an applicant or its authorized agent submits the application to it at the enterprise registration office and the application is accepted, it shall decide to approve the registration on the spot; (2) Where an application is submitted to it by mail, it shall decide to approve the registration within 15 days from the day when the application is accepted; (3) If an application is submitted to by fax, electronic date exchange or email, and if the applicant or its authorized agent personally sends the original application materials to the enterprise registration office, the enterprise registration organ shall decide to approve the registration or not on the spot. If the original application materials are submitted to it by mail, it shall decide to approve the registration within 15 days after it receives them. If there is any discrepancy between the original copies of the application materials and the ones it has accepted earlier, it shall decide to disapprove the registration. If the original application materials are submitted for a new application, they shall be handled in accordance with Articles 9, 10, 11 and 12. If the enterprise registration organ fails to receive the original application materials within 60 days after it issues the Acceptance Notice, it shall decide to disapprove the registration. If it is necessary to verify the application materials, it shall decide whether to approve the registration or not within 15 days after it accepts them. Article 13. In accordance with law, where an enterprise registration application is subject to the examination of the lower administrative organ before it is reported and submitted to the upper enterprise registration organ for decision, the lower administrative organ shall put forward preliminary examination opinions within 15 days from the day when it accepts the application. Article 14. Where a local people's government provides that the enterprise registration organ shall accept the registration applications in a unified way and tell pertinent departments to conduct networked examination and approval, the examination and approval procedures and the time limit shall be in line with the provisions of the local people's government. Article 15. Except that the registration decides to approve the registration under Article 12 (1) of the present Provisions, if it decides to accept an application, it shall issue an Acceptance Notice; if it decides to reject an application, it shall issue a Rejection Notice, in which it shall indicate the reasons for rejection. Article 16. Where an enterprise registration organ makes a decision of advance approval of an enterprise name, it shall issue a Notice of Advance Approval of Enterprise Name. If it approves the registration of the enterprise, it shall issue a Notice of Approval of Establishment Registration, and inform the applicant that it shall obtain a business license within 10 days from the day when the approval decision is made. If it approves the enterprise' modifying the registration, it shall issue a Notice of Approval of Modifications to the Registration, and inform the applicant that it shall change the business license within 10 days from the day when the approval decision is made. If it approves the enterprise' deregistration, it shall issue a Notice of Approval of Deregistration, it shall withdraw the business license. Where an enterprise registration organ decides to reject the registration, it shall issue a Registration Rejection Notice, in which it shall indicate the reasons for rejection and tell the applicant that it is entitled to apply for administrative reconsideration or lodge an administrative lawsuit. CHAPTER IV DEREGISTRATION FOR REVOCATION AND WITHDRAWAL Article 17. An enterprise registration organ or its superior organ may make deregistration at the request of the interested party or in light of its functions under any of the following circumstances: (1) The functionaries of the registration organ decide to approve an administrative license as the result of abusing their power and neglecting their duties; (2) A decision of registration approval is made due to the decision-makers' going beyond their statutory power; (3) An applicant, who doesn't meet the qualification or the statutory conditions for application, has been approved of the registration; or (4) Other circumstances under which the registration decisions may be annulled in accordance with the law. Where a licensee obtains a registration through cheating, offering bribes or any other illegal methods, the registration shall be annulled; Where the annulment of a registration in accordance with the preceding two paragraphs may seriously impair the public interests, it shall not be annulled; but the licensee shall be ordered to get right or correct. Article 18. Where an enterprise's establishment registration is revoked, or its business license is withdrawn, the enterprise shall terminate the business activities, and shall organize liquidation in accordance with the law. Within 30 days when the liquidation is completed, the liquidation group shall apply for deregistration in pursuance of the law. Article 19. With regard to enterprise whose establishment registration is revoked or whose business license is withdrawn, the non-legal person branch institutions established by it shall terminate their business activities and shall, in accordance with the law, go through the deregistration formalities. The pertinent enterprises established or invested by it shall go through the modification or deregistration formalities in accordance with the law. CHAPTER V REGISTRATION ANNOUNCEMENT AND PUBLICITY Article 20. An enterprise registration organ shall publicize the following contents in the enterprise registration office: (1) The registration matters; (2) The basis for registration; (3) The registration conditions; (4) The procedures and time limit for the registration; (5) The catalogue of the application materials; (6) The standards and basis for the registration fees; and (7) The standard exemplary application. At the request of an applicant, the registration organ shall account for or give explanations about the displayed contents mentioned in the preceding paragraph. Article 21. An enterprise registration organ shall establish enterprise register book, which may be consulted by the general public. No enterprise registration organ may publicize any enterprise registration material that involves state secret, commercial secret or personal privacy. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 22. The enterprises mentioned in the present Provisions include various enterprises and their branch institutions. Article 23. The present Provisions shall apply, by analogy, to the registration of production and business activities of enterprise groups, permanent representative offices of enterprises of foreign countries (regions) and enterprises of foreign countries (regions). Article 24. The present Provisions shall be implemented as of July 1, 2004. |
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