Measures for the Administration of Registration of Wholly Individually-owned Enterprises
Measures for the Administration of Registration of Wholly Individually-owned Enterprises
Measures for the Administration of Registration of Wholly Individually-owned Enterprises
Order of the State Administration for Industry and Commerce [2000] No.94
January 13, 2000
Measures for Administration of Registration of Wholly individually-owned Enterprises deliberated and adopted at the executive meeting of the State Administration for Industry and Commerce are hereby promulgated and shall go into effect as of the date of promulgation.
Director of the State Administration for Industry and Commerce: Wang Zhongfu
Chapter I General Provisions
Article 1 These Measures are hereby formulated in accordance with the Law of the People's Republic of China on Sole Proprietorship Enterprises (hereinafter referred to as Law on Sole Proprietorship Enterprises) with the goal of confirming the business qualification of wholly individually-owned enterprises and regulating the registration of wholly individually-owned enterprises.
Article 2 The establishment, changes and cancellation of a wholly individually-owned enterprise shall register in accordance with the Sole Proprietorship Enterprises and the regulations stipulated herein.
Article 3 A wholly individually-owned enterprise before going through the procedures of examination and registration by the registration authority in accordance with law and getting a business license shall not engage in business.
A wholly individually-owned enterprise shall engage in business within the scope of registered items approved by the registration authority.
Article 4 Administrative departments for industry and commerce shall be the authority of registration for wholly individually-owned enterprises.
The State Administration for Industry and Commerce shall be in charge of the registration of wholly individually-owned enterprises throughout country.
Administrations for industry and commerce of various provinces, autonomous regions, municipalities directly under the central government shall be in charge of the registration of wholly individually-owned enterprises in their respective areas.
The administrations for industry and commerce at municipal and county levels and branches of administrations for industry and commerce in large- and medium-sized cities shall be in charge of the registration of wholly individually-owned enterprises in their respective jurisdiction.
Chapter II Registration of Establishment
Article 5 The establishment of a wholly individually-owned enterprise shall meet the requirements stipulated in Article 8 of the Sole Proprietorship Enterprises.
Article 6 The name of a wholly individually-owned enterprise shall be in accordance with the relevant regulations of administration of enterprise name registration and in conformity with the form of the enterprise's liabilities and the business it will undertake.
Words such as "Limited", "Limited Liability" or "Company" shall not be allowed to be used in the name of a wholly individually-owned enterprise.
Article 7 When applying for the establishment of a wholly individually-owned enterprise, the investor or his entrusted agent shall apply to the registration authority of locality where the wholly individually-owned enterprise is to be located for the registration of establishment.
Article 8 Registration items of a wholly individually-owned enterprise shall include: name of the wholly individually-owned enterprise, domicile of the wholly individually-owned enterprise, name and domicile of the investor, amounts and way of contribution, scope of business and mode of operation.
Article 9 When applying for the registration of establishment, the investor shall submit the following documentations to the registration authority.
1. Application for establishment of a wholly individually-owned enterprise signed by the investor;
2. Certificate of identity of the investor;
3. Certificate of the enterprise's domicile;
4. Other documentations required by the State Administration for Industry and Commerce.
For the establishment of a wholly individually-owned enterprise the business of which shall be subject to the approval of the relevant authority in accordance with laws and administrative regulations, the documentations of approval issued by the relevant authority shall be submitted.
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