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The State Administration for Industry and Commerce
Reply of the State Administration for Industry and Commerce Concerning the Issue on Business Operation Period
GongShangQiZi [2000] No.160
August 3, 2000
Yunnan Administration for Industry and Commerce:
We have studied your request for instructions on your reply to the Letter of the Intermediate People’s Court of Kunming, Yunnan Province
(YunGongShangZi[2000] No.35) and now reply as follows:
I.
In accordance with related business registration administration provisions stipulated in the Regulations on Company Registration Administration,
the Regulations for Controlling the Registration of Enterprises as Legal Persons, and the Implementing Opinions on Related Issues
of Business Registration Administration of the State Administration for Industry and Commerce (GongShangQiZi[1999]No.173), the corporate
capacity or operation qualifications of enterprises should be terminated as of the approval of registration cancellation or suspension
of the business license. Enterprises failing to pass the annual examination are deprived of the qualifications for continuance of
operation prior to the approval of registration cancellation or suspension of the business license; however, their corporate capacity
or qualifications as operating units still continue to exist. Enterprises without the registration approval possess neither the corporate
capacity nor the operation qualifications.
II.
In accordance with Article 9 of the Regulations on Company Registration Administration, Article 9 of the Regulations for Controlling
the Registration of Enterprises as Legal Persons as well as Article 33 of its Implementing Provisions, companies, enterprises with
foreign investment and joint-operation enterprises should operate within the operating period (term of business) stated in their
respective business license approved by competent administrative authorities of industry and commerce. In case of operation beyond
the stated operating period (term of business), companies may be considered in violation of the related regulations and should apply
for registration alteration or cancellation and be dealt with in accordance with Article 63 or 66 of the Regulations on Company
Registration Administration; non-corporate enterprises may be considered operating without a business license and should be punished
in accordance with Items 1 and 3 of Article 66 of the Implementing Provisions of the Regulations for Controlling the Registration
of Enterprises as Legal Persons. In most cases, enterprises not included in the above-mentioned two categories are not limited to
any specified operating period while registering with competent authorities; however, if an operating period is specified in compliance
with the state laws and administrative regulations, the enterprise in question should also follow the principles set forth above.
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