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.

第十六条 企业登记代理机构有下列行为之一的，工商行政管理机关可以视其情节轻重，处以警告、没收违法所得、1000元以上2万元以下罚款、责令停业整顿、吊销营业执照等处罚，并可以吊销直接责任人员的《企业登记代理资证书》： (一)代理企业登记时隐瞒真实情况，弄虚作假的； (二)采用隐瞒或者夸大真实情况等不正当手段，诱使他人委托其从事企业登记代理活动的； (三)以不正当手段损害国家、社会公共利益和他人合法权益或者贬低、损毁有关机关、单位声誉的； (四)代理企业登记业务质量低劣或者造成严重后果； (五)索取、收受委托合同规定以外的酬金或者其他财物，或者谋取其他不正当利益的； (六)涂改《企业登记代理资格证书》的； (七)具有企业登记代理资格的专职从业人员不足规定人数，而不及时补足的； (八)从事其他非法活动的。

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.