Measures for the Annual Inspection of Enterprises
Measures for the Annual Inspection of Enterprises
Measures for the Annual Inspection of Enterprises
Order of the State Administration for Industry and Commerce [2006] No. 23
February 24, 2006
Article 1 With the goal of strengthening the supervision and administration of enterprises and maintaining the order of market economy, these Measures are formulated in accordance with the Administrative Regulations of the People's Republic of China on Company Registration, the Regulations on the Registration Administration of Enterprise Legal Persons, and the Administrative Measures for the Registration of Partnership Enterprises.
Article 2 These Measures apply to the limited companies, joint-stock limited companies, non-corporate enterprise legal persons, partnership enterprises, sole proprietorship enterprises and their branches, the enterprises from foreign countries (regions) that engage in business operations in China as well as other business operational entities (hereinafter referred to as the enterprises) that have obtained business licenses.
Article 3 The annual inspection of enterprises (hereinafter referred to as the annual inspection) refers to a supervision and management system whereby the enterprise registration organs carry out regular inspections according to law on the relevant conditions of enterprise registration depending on the annual inspection documents submitted by the enterprises once a year.
Article 4 An enterprise shall hand in the annual inspection documents to the enterprise registration organ from March 1 to June 30 every year. In the case of any justifiable reason, an enterprise may hand in an application for postponing the participation in annual inspection to the enterprise registration organ before June 30, and 30 days may be postponed upon approval of the enterprise registration organ. An enterprise shall be responsible for the authenticity of the annual inspection documents it hands in.
An enterprise registered in the current year shall be subject to the annual inspection as of the next year.
Article 5 The enterprise registration organs at all levels shall take charge of the annual inspection of the enterprises registered thereby.
An enterprise registration organ at a higher level may entrust the enterprise registration organ at a lower level for the annual inspection of the enterprises registered thereby.
An enterprise registration organ may entrust the administrative offices for industry and commerce at the locality of enterprises registered thereby for the annual inspection of these enterprises.
Article 6 The procedures for annual inspection shall be as follows:
1. An enterprise hands in its documents for annual inspection;
2. The enterprise registration organ accepts and examines the annual inspection documents;
3. The enterprise pays the fee for annual inspection; and
4. The enterprise registration organ affixes a seal of annual inspection on the duplicate of the business license of the enterprise and gives back the duplicate of the business license to the enterprise.
Article 7 An enterprise shall hand in the documents for the declaration for annual inspection as follows:
1. An annual inspection report;
2. The certification of the representative or the entrusted agent designated by the enterprise;
3. The duplicate of the business license;
4. The photocopies of the relevant licensing certificates or approval documents with the seal of the enterprise if there is any business item pertinent to pre-registration administrative license in the business scope of the enterprise; and
5. Other documents are required to hand in prescribed by the State Administration for Industry and Commerce.
An enterprise legal person shall hand in its annual balance sheets and profit and loss statements, and a company or foreign- funded enterprise shall hand in the audit report issued by an accountant firm.
If an enterprise has any non-legal-person branch, it shall also hand in a photocopy of the duplicate of the branch's business license.
An enterprise under liquidation shall only hand in the documents mentioned in Paragraph 1.
Article 8 Besides the documents submitted by a non-legal-person branch of an enterprise, the enterprises from foreign countries (regions) that engage in business operations in China and other business operational entities mentioned in Paragraph 1 of Article 7 of these Measures, a non-legal-person branch of an enterprise shall also need to hand in the photocopy of the duplicate of the business license of its parent enterprise that has passed the annual inspection in the previous year, and other business operational entities shall also need to hand in a photocopy of the qualification certification of its parent institution.
Article 9 A annual inspection report shall include the contents as follows:
1.
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