Interim Measures For The Management Of Enterprise Registration Agencies

Article 1 These measures are formulated for the purpose of standardizing the enterprise registration agency activities and ensuring the legitimate rights and interests of the enterprise registration agencies and trustees.

The second enterprise registration agency referred to in these Measures refers to an enterprise legal person or other intermediary service institution entrusting to the enterprise registration agency business in accordance with the provisions of these measures.

Third enterprise registration agencies accept the guidance and supervision of the administrative organs for Industry and commerce.

(fourth) an enterprise registration agency must abide by laws, regulations and rules, and abide by the principles of openness, fairness, voluntariness and good faith, so as to safeguard the rights and interests of the principal.

Article fifth. The establishment of an enterprise registration agency shall comply with the conditions prescribed by the enterprise registration administration regulations, and there must be more than 3 full-time business personnel with the qualification of the enterprise registration agent.

If an intermediary service institution applies for an enterprise registration agency business, there must be more than 3 full-time business personnel with the qualification of the enterprise registration agent, and the business license shall be applied for, or the registration and alteration of the registration agency shall be increased.

Sixth the registration and administration of enterprise registration agencies shall be carried out in accordance with the regulations on the administration of registration of enterprise legal persons or the regulations on the administration of company registration.

(seventh) after the establishment of an enterprise registration agency, when it belongs to a full-time business person who has the qualification of enterprise registration agent for less than 3 persons, it shall make up the prescribed number within 3 months and report it to the registration authority for the record.

(eighth) the qualification of enterprise registration agent has been obtained through examination, and the relevant matters shall be held by the State Administration for Industry and commerce.

Upon examination, the State Administration for Industry and Commerce has issued the certificate of qualification for business registration.

(ninth) the enterprise registration agency shall submit the certificate of enterprise registration qualification to the registration authority for annual inspection within the term of annual enterprise inspection.

Those who fail to carry out annual inspection shall not continue to engage in Agency registration activities of enterprises.

Tenth persons who have the qualifications of the enterprise registration agent to change the enterprise registration agency or resign shall submit the registration certificate of enterprise registration to the issuing organ for endorsement within one month.

Without endorsement, the license issuing authority may cancel its "enterprise registration agent qualification certificate".

(eleventh) an enterprise registration agency can accept the entrustment to handle the following agency business: (1) to write the necessary documents for the registration of enterprises; (two) to apply for registration of enterprises and to apply for annual inspection of enterprises; (three) to provide business registration consultation; and (four) to be an enterprise registration consultant.

The twelfth enterprise registration agency handles the agency business and is not restricted by the administrative region.

Thirteenth. An enterprise registration agency shall have the right to collect remuneration in accordance with the entrustment contract, but the remuneration paid shall not violate national laws, regulations and policies.

(Fourteenth) an enterprise registration agency shall produce or submit the following documents to the registration authority when it applies for the registration of enterprises or the annual inspection of enterprises: (1) a copy of the business license of the enterprise registration agency or a copy of the business license affixed with the seal of the issuing organ; (two) the letter of authorization issued by the principal; (three) the document of the designated or authorized personnel of the enterprise registration agency, and the qualification certificate of the enterprise registration agent.

Fifteenth persons who have obtained the qualification certificate of enterprise registration agent shall be employed in a lawful enterprise registration agency to engage in registration activities of enterprises, and shall not engage in registration activities of enterprises in the name of individuals.

第十六條 企業(yè)登記代理機(jī)構(gòu)有下列行為之一的，工商行政管理機(jī)關(guān)可以視其情節(jié)輕重，處以警告、沒收違法所得、1000元以上2萬元以下罰款、責(zé)令停業(yè)整頓、吊銷營業(yè)執(zhí)照等處罰，并可以吊銷直接責(zé)任人員的《企業(yè)登記代理資證書》： (一)代理企業(yè)登記時隱瞞真實情況，弄虛作假的； (二)采用隱瞞或者夸大真實情況等不正當(dāng)手段，誘使他人委托其從事企業(yè)登記代理活動的； (三)以不正當(dāng)手段損害國家、社會公共利益和他人合法權(quán)益或者貶低、損毀有關(guān)機(jī)關(guān)、單位聲譽的； (四)代理企業(yè)登記業(yè)務(wù)質(zhì)量低劣或者造成嚴(yán)重后果； (五)索取、收受委托合同規(guī)定以外的酬金或者其他財物，或者謀取其他不正當(dāng)利益的； (六)涂改《企業(yè)登記代理資格證書》的； (七)具有企業(yè)登記代理資格的專職從業(yè)人員不足規(guī)定人數(shù)，而不及時補足的； (八)從事其他非法活動的。

To revoke the business license or the qualification certificate of enterprise registration agent shall be made by the original registration authority or the issuing authority.

Seventeenth institutions that have been established before the implementation of these measures for agency activities of enterprises shall apply for re registration in accordance with these procedures.

(eighteenth) the registration organs of enterprises shall be approved and registered by the local administrative departments for Industry and commerce at all levels. The registration authorities shall file the record with the State Administration for Industry and commerce within one month from the date of approval and registration.

Nineteenth. Those who engage in registration agency business of individual industrial and commercial households shall be governed by these measures.

These twentieth measures shall come into force on the date of promulgation.