企业登记程序规定 Procedure for Enterprise Registration Provisions

ration authority， which shall then notify the relevant authorities to carry out inter-related examination and approval， the examination and approval procedures and time limit shall be implemented in accordance with the regulations of the local people's government.

　　Article 15　Except where a decision to grant registration is rendered pursuant to Item （1） of Article 12 hereof， the enterprise registration authority shall issue an Acceptance Notice where it decides to accept an application. If it decides not to accept an application， it shall issue a Non-acceptance Notice and state therein the reasons for not accepting the application.

　　Article 16　If the enterprise registration authority grants preliminary verification and approval to an enterprise name， it shall issue a Notice of Preliminary Verification and Approval of Enterprise Name. If it grants registration of establishment of an enterprise， it shall issue a Notice of Grant of Establishment Registration and notify the applicant to obtain a business licence within 10 days of the date of decision. If it grants registration of change in enterprise， it shall issue a Notice of Grant of Change of Registration and notify the applicant to obtain a business licence within 10 days of the date of decision. If it grants deregistration of an enterprise， it shall issue a Notice of Grant of Deregistration and collect the business licence.

　　If the enterprise registration authority decides not to grant registration， it shall issue a Notice of Rejection of Registration and state therein the reasons for not granting registration， and shall notify the applicant of its rights to apply for administrative review or institute an administrative action according to law.

　　PART FOUR　DEREGISTRATION FOR CANCELLATION AND REVOCATION

　　Article 17　In any of the following circumstances， registration may be cancelled by the enterprise registration authority or its superior authority at the request of an interested party or on the basis of its authority：

　　1. the decision to grant registration has been rendered through abuse of authority or dereliction

of duties；

　　2. the decision to grant registration has been rendered ultra vires；

　　3. the decision to grant registration has been rendered to an applicant that does not qualify to apply or does not meet the statutory conditions； or

　　4. other circumstances in which the decision to grant registration may be cancelled in accordance with the law.

　　If registration is obtained by a licensee through fraud， bribery or other improper means， it shall be cancelled.

　　If cancellation of registration pursuant to the two preceding paragraphs may result in material damage to public interests， registration shall not be cancelled but an order of correction and rectification shall be issued.

　　Article 18　If the registration of establishment of an enterprise is cancelled or if its business licence is revoked according to law， the enterprise shall cease business activities and organize liquidation according to law. The liquidation organization shall， within 30 days of the completion of liquidation， apply for deregistration according to law.

　　Article 19　If the registration of establishment of an enterprise is cancelled or if its business licence is revoked according to law， the non-legal person branches established by the enterprise shall cease business activities and complete its deregistration according to law. Affiliated enterprises invested in and established by the enterprise shall complete change of registration or deregistration according to law.

　　PART FIVE　PUBLIC NOTICE AND DISCLOSURE OF REGISTRATION

　　Article 20　The enterprise registration authority shall publicize the following particulars at the enterprise registration venue：

　　1. registration items；

　　2. basis for registration；

　　3. conditions for registration；

　　4. registration procedure and time limit；

　　5. list of application materials to be submitted；

　　6. registration fee standards and basis； and

　　7. model application forms.

　　The enterprise registration authority shall state and explain the contents in the public notice specified in the preceding paragraph at the request of applicants.

　　Article 21　The enterprise registration authority shall set up an enterprise register for public inspection.

　　If the registration materials of an enterprise involve State secrets， trade secrets or personal privacy， the enterprise registration authority shall not disclose such information to the public.

　　PART SIX　SUPPLEMENTARY PROVISIONS

　　Article 22　For the purposes of these Provisions， the term “enterprises” include all types of enterprises and their branches.

　　Article 23　The registration of enterprise groups， resident representative offices of enterprises from foreign countries （regions） and enterprises from foreign countries （regions） that engage in business activities in China shall be carried out with reference to these Provisions.

　　Article 24　These Provisions shall be implemented as of 1 July 2004

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