Circular of the State Administration for Industry and Commerce on Printing and Issuing the Interim Regulations for Administration of Registration for Enterprise Groups

Circular of the State Administration for Industry and Commerce on Printing and Issuing the Interim Regulations for Administration of Registration for Enterprise Groups

Gong Shang Qi Zi [1998] No. 59

April 6, 1998

The Administrations for Industry and Commerce of all the provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan,

According to the spirits of the Circular on Deepening the Pilot Work of Large Enterprise Group (Guo Fa [1997] No. 15) of the State Planning Committee, State Economic and Trade Committee and State System Reform Committee, approved and forwarded by the State Council, the State Administration for Industry and Commerce formulated the Tentative Regulations for Administration of Registration for Enterprise Groups. It is hereby printed and distributed for your observance and implementation.

Appendix:
Interim Regulations for Administration of Registration for Enterprise Groups

Article 1 The provisions are formulated according to the relevant state regulations with the purpose of strengthening the registration administration of enterprise groups and regulate the organizations and acts of enterprise groups.

Article 2 An enterprise group in China shall be established according to these provisions. A company without registration may not be engaged in any enterprise activities in the name of an enterprise group. The State Administration for Industry and Commerce and the local administration for industry and commerce at all levels are the competent registration organs.

Article 3 An enterprise group is the corporate consortium composed of parent company, subsidiary companies, joint stock companies and other member enterprises and agencies, in which the parent and subsidiary companies are the main part of the group and connected by capital and the articles of association of the group is commonly abided by. An enterprise group does not have the qualification of legal person.

Article 4 An enterprise group is composed of the parent company, subsidiary companies, joint stock companies and other member entities. Corporation institutions and corporation social organizations can also be the members of an enterprise group. A parent company shall be the share-controlled enterprise which has registered according to laws and gotten the qualification of legal person. A subsidiary company shall be the corporate enterprise in which the parent company has a full or controlling interest; other member entities of an enterprise group shall be the other corporate enterprises, corporate institutions or corporate social groups, part of the shares of which are bought by the parent company or which has the production operation or cooperation relationship with the parent company.

Article 5 The enterprise groups shall possess the following qualifications:
1.
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