State Administration for Industry and Commerce Order of the State Administration for Industry and Commerce No. 23 The Measures for the Annual Inspection of Enterprises, which were amended at the executive meeting of the State Administration for Director of the State Administration for Industry and Commerce, Wang Zhongfu February 24, 2006 Measures for the Annual Inspection of Enterprises Article 1 In order to strengthen the supervision and administration of enterprises and maintain the order of market economy, these Measures Article 2 These Measures apply to the limited companies, joint-stock limited companies, non-corporate enterprise legal persons, partnership Article 3 The annual inspection of enterprises (hereinafter referred to as the annual inspection) refers to a supervision and management system Article 4 An enterprise shall hand in the annual inspection documents to the enterprise registration organ from March 1 to June 30 every year. 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 An enterprise registration organ may entrust the administrative offices for industry and commerce at the locality of enterprises registered 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 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 (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 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 Article 9 A annual inspection report shall include the contents as follows: (1) The conditions on the registered items; (2) The conditions on the items that are kept on records; (3) The conditions on foreign investments; (4) The conditions on the establishment and cancellation of branches; and (5) The conditions on business operations. The annual inspection report handed in by a non-legal-person branch of an enterprise, an enterprise from a foreign country (region) Article 10 Where an enterprise hands in comprehensive documents for annual inspection with intact contents, the enterprise registration organ Where the submitted annual inspection documents are not comprehensive or the contents are not intact, the enterprise registration Article 11 An enterprise registration organ shall, within 5 workdays as of the acceptance of the annual inspection documents, accomplish the Where the essential contents of the annual inspection documents need to be verified, the enterprise registration organ shall send Article 12 Where the annual inspection documents accord with the provisions upon examination, the enterprise registration organ shall affix a Article 13 An enterprise registration organ shall mainly examine such contents in the annual inspection documents handed in by a company as follows: (1) Whether the company has used its name in accordance with the provisions, or whether the company has gone through the formalities of (2) Whether the company has gone through the formalities of alteration registration in accordance with the provisions for changing its (3) Whether the company has gone through the formalities of alteration registration in accordance with the provisions for changing its (4) Whether the company makes a false report on its registered capital, whether its shareholders or promoters have made their contributions (5) Whether the relevant licensing certificates or approval documents have been cancelled, revoked or have expired if there is any business (6) Whether the company has gone through the formalities of alteration registration in accordance with the provisions for the equity transfer (7) Whether the business term of the company has come to the due date; (8) Whether the company has gone through the formalities for archival filing in accordance with the provisions for the modification of (9) Whether the company has gone through the formalities for archival filing in accordance with the provisions for the establishment of (10) Whether the liquidation group has gone through the formalities for archival filing in accordance with the provisions after the company (11) Whether one natural person has invested to set up two or more one-person limited companies. Article 14 An enterprise registration organ shall mainly examine such contents in the annual inspection documents handed in by a non-corporate (1) Whether the enterprise has used its name in accordance with the provisions, or whether the enterprise has gone through the formalities (2) Whether the enterprise has gone through the formalities of alteration registration in accordance with the provisions for changing (3) Whether the enterprise has gone through the formalities of alteration registration in accordance with the provisions for changing (4) Whether the enterprise has gone through the formalities of alteration registration in accordance with the provisions for changing (5) Whether the relevant licensing certificates or approval documents have been cancelled, revoked or expired if there is any business (6) Whether have the act of withdrawn or transferred the registered capital; (7) Whether the business term of the enterprise has come to the due date; (8) Whether the enterprise has gone through the formalities of alteration registration in accordance with the provisions for the setting (9) Whether the enterprise has gone through the formalities for archival filing in accordance with the provisions for changing its department (10) Whether the enterprise has modified its articles of association. Article 15 An enterprise registration organ shall mainly examine such contents in the annual inspection documents handed in by a partnership (1) Whether the enterprise has used its name in accordance with the provisions, or whether the enterprise has gone through the formalities (2) Whether the enterprise has gone through the formalities of alteration registration in accordance with the provisions for changing (3) Whether the enterprise has gone through the formalities of alteration registration in accordance with the provisions for changing (4) Whether the relevant licensing certificates or approval documents have been cancelled, revoked or have expired if there is any business (5) Whether the business operational mode of the enterprise is within the scope of its registered business operational modes; (6) Whether the enterprise has gone through the formalities of alteration registration in accordance with the provisions for changing (7) Whether the enterprise has gone through the formalities of alteration registration in accordance with the provisions for changing (8) Whether the enterprise has gone through the formalities of alteration registration in accordance with the provisions for the setting Article 16 An enterprise registration organ shall mainly examine such contents in the annual inspection documents handed in by a sole-investor (1) Whether the enterprise has used its name in accordance with the provisions, or whether the company has gone through the formalities (2) Whether the enterprise has gone through the formalities of alteration registration in accordance with the provisions for changing (3) Whether the enterprise has gone through the formalities of alteration registration in accordance with the provisions for changing (4) Whether the relevant licensing certificates or approval documents have been cancelled, revoked or expired if there is any business (5) Whether the business operational mode of the enterprise is within the scope of the registered business operational modes; and (6) Whether the enterprise has gone through the formalities of alteration registration in accordance with the provisions for changing Article 17 An enterprise registration organ shall mainly examine such contents in the annual inspection documents handed in by a non-legal-person (1) Whether the relevant enterprise has used its name in accordance with the provisions, or whether it has gone through the formalities (2) Whether the relevant enterprise has gone through the formalities of alteration registration in accordance with the provisions for (3) Whether the relevant enterprise has gone through the formalities of alteration registration in accordance with the provisions for (4) Whether the relevant licensing certificates or approval documents have been cancelled, revoked or expired if there is any business (5) Whether any other business entity has gone through the formalities of alteration registration in accordance with the provisions for Article 18 An enterprise registration organ or administrative office for industry and commerce that is authorized to implement the annual inspection An enterprise registration organ shall, before July 31, report the annual inspection circumstance to the administrative office for Article 19 If an enterprise fails to accept the annual inspection in accordance with the provisions, the enterprise registration organ shall If an enterprise still fails to accept the annual inspection within the time limit after being ordered to do so, the enterprise registration Article 20 If an enterprise keeps from actual situation or resorts to deceits in the annual inspection, the enterprise registration organ shall Article 21 Where an enterprise registration organ finds, in the course of annual inspection, that an enterprise commits any act in violation Article 22 Where an enterprise registration organ or any of its functionaries refuses to implement the annual inspection for an enterprise which Article 23 The formats of the reports on annual inspection and the styles of the seals for annual inspection shall be uniformly regulated by Article 24 These Measures shall be implemented as of March 1, 2006. The Measures for the Annual Inspection of Enterprises, which was promulgated |
State Administration for Industry and Commerce
2006-02-24