中华人民共和国企业法人登记管理条例

1、精品文档 中华人民共和国企业法人登记管理条例（Adopted by the Fourth Executive Meeting of the State Council on May 13， 1988， promulgated by Decree No. 1 of the State Council of the People s Republic of China on June 3， 1988， and effective as of July 1，1988）颁布日期：19880603 实施日期：19880701 颁布单位：国务院 Chapter I General Provisions Article 1 In accordance with relevant provisions of the General Principles of the Civil Law of the Peoples Republic of China， the present Regulations are formulated with a view to establishing a system

2、 for controlling the registration of enterprises as legal persons， confirming their status as such， safeguarding their legitimate rights and interests， stamping out illegal business operations， and preserving social and economic order. Article 2 Any of the following enterprises which are qualified as legal persons shall register as such in accordance with the relevant provisions of the present Regulations： （1） enterprises owned by the whole people； （2） enterprises under collective ownership； （3）

3、 jointly operated enterprises； （4） Chinese-foreign equity joint ventures， Chinese-foreign contractual joint ventures and foreign-capital enterprises established within the territory of the Peoples Republic of China； （5） privately operated enterprises； （6） other enterprises required by the law to register as legal persons. Article 3 Those enterprises applying for registration as legal persons shall be given Business Licenses for Enterprises as Legal Persons and the status of legal persons when th

4、eir applications for registration have been examined and approved by the authorities in charge of the registration of enterprises as legal persons and their legitimate rights and interests shall be protected by laws of the State. Those enterprises， which are required by law to register as legal persons but which have not gone through the procedures of examination and approval registration by the authorities in charge of the registration of enterprises as legal persons， shall not be allowed to en

5、gage in business operations. Chapter II Registration Authorities Article 4 The authorities in charge of the registration of enterprises as legal persons （hereinafter referred to as the registration authorities） are the State Administration for Industry and Commerce and administrative departments for industry and commerce at various levels. Registration authorities at various levels shall perform their functions according to law under the leadership of higher registration authorities and be free

6、from unlawful interference. Article 5 The registration of national corporations， enterprise groups and corporations handling import-export business set up with the approval of the State Council or departments authorized by the State Council shall be examined and approved by the State Administration for Industry and Commerce. The registration of Chinese-foreign equity joint ventures， Chinese-foreign contractual joint ventures and foreign-capital enterprises shall be examined and approved by the S

7、tate Administration for Industry and Commerce or by local administrative departments for industry and commerce authorized by the State Administration for Industry and Commerce. The registration of son （or branch） companies of national corporations， enterprises， enterprise groups or companies handling import-export trade established with the approval of the peoples governments of provinces， autonomous regions or municipalities directly under the Central Government or departments authorized by the

8、m shall be examined and approved by the administrative departments for industry and commerce of the provinces， autonomous regions and municipalities directly under the Central Government. The registration of other enterprises shall be examined and approved by the administrative departments for industry and commerce of the cities of counties （districts） where the enterprises are located. Article 6 Registration authorities at various levels shall institute a file of the registration of enterprises

9、 as legal persons and a system for tabulating statistics relating to such registration， and collect basic information about the registration of enterprises as legal persons so as to serve the development of a planned commodity economy. Registration authorities shall offer， in a planned manner and according to the needs of society， the service of providing the public with data about the registration of enterprises as legal persons. Chapter III Conditions for Registration and Entities to Apply for Registration Article 7 Entities applying for registration as enterprises as legal persons must satisfy the following conditions， i.e. having： （1） name， organization and articles of association； （2） fixed sites for business operations and essential facilities； （3） funds and employees in conformity with State regulations and in line with their scale of production， operation or service； （4） ability to bear civil liabilities independently； （5）

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