【Date】 1999.08.30 ,
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issued timeliness】 【effective
implementation date】 【Key Words】 【2000.01.01
111701199902
expiration date】 【Category】 【Content
General Law
】 【NPC Standing Committee issued units
【Number】 PRC Presidential Decree No. 20
People's Republic of Individual Proprietorship
(1999 年 8 30 November of the Ninth National People's Congress Standing Committee eleven Council, August 30, 1999 Order of the President announced on twenty,
since January 1, 2000 effective)
CONTENTS
Chapter I General Provisions
Chapter II Establishment of Individual Proprietorship Enterprises
Chapter
individual investors owned enterprises and transaction management
individual proprietorship enterprises Chapter IV Dissolution and Liquidation
Chapter V Legal Liability
Chapter VI Supplementary Provisions Chapter I General Provisions
in order to standardize the behavior of individual proprietorship enterprises, protection of individual proprietorship enterprises legitimate rights and interests of investors and creditors,
nike air force one 25th, maintaining social and economic order, promote the development of the socialist market economy,
air force ones, according to law.
second
this law sole proprietorship, is set up in China in accordance with this Law, by a natural investment property for investors of all individuals, investors personal property for its unlimited liability for corporate debt business entity.
Article sole proprietorship with its principal domicile.
Article
sole proprietorship enterprises engaged in business activities must abide by laws and administrative regulations and abide by the principle of good faith, not harm the public interest.
Individual proprietorship enterprises shall carry out its tax liability.
The state owned enterprises according to law the protection of personal property and other legitimate rights and interests.
For individual proprietorship enterprises shall recruit workers. The legitimate rights and interests protected by law.
individual proprietorship enterprises shall establish their trade union activities in accordance with the law.
Article
individual proprietorship enterprises in the Chinese Communist Party activities in accordance with the Chinese Communist Party Constitution.
Chapter II Establishment of Individual Proprietorship Enterprises
Article VIII establishing a sole proprietorship enterprise shall meet the following conditions:
(a) the investment is a natural person;
; (b) the name of a legitimate business;
( c) investors contributed by the investor;
(d) Have a fixed place of business and the necessary conditions of operation;
(e) of the necessary personnel.
Article IX
establishing a sole proprietorship enterprise shall be entrusted by the investor or his agent to an individual proprietorship enterprise registration authority to establish the location of the application, the identity of investors proved production establishments using documents and other documents. Agent when the application for registration shall be issued by the investor the power of attorney and the legal identity of agents.
owned enterprises shall not engage in personal laws, administrative regulations prohibit the operation of the business; engaged in legal and administrative regulations must be submitted for approval by the relevant business application for registration shall be submitted in the relevant approval documents.
Article
set up a sole proprietorship enterprise application shall contain the following:
(a) the name and residence;
(b) the investor's name and residence;
(c) the investor the amount and form of contribution;
(iv) the scope.
Article XI The name of a sole proprietorship enterprise shall be its responsibility to engage in the business forms and consistent.
Article XII
registration authority should be in receipt of the application documents within fifteen days from the date of the conditions stipulated by this law, registration shall be issued a business license; on the conditions do not meet the provisions of this Law, shall not be registered, and shall give a written response stating the reason.
Article XIII
sole proprietorship of the business license issuance date, date of establishment for the sole proprietorship.
Owned enterprises receiving a business license before the individual investors on behalf of a sole proprietorship enterprise shall not engage in business activities.
Article XIV of the establishment of a sole proprietorship enterprise branch offices, shall be entrusted by the investor or his agent to the branch location of the registration authority for registration and obtain a business license.
branch approved registration, registration shall be reported under the sole proprietorship enterprise branch registration authorities.
by the establishment of the civil branch of the sole proprietorship enterprise branch offices.
Article XV
during the existence of a sole proprietorship enterprise registration is changed, the decision should be made to change within fifteen days from the date of the registration authority shall apply to register the change.
Chapter individual investors owned enterprises and transaction management
XVI law and administrative regulations prohibit the person engaging in business activities, not as an investor establishing a sole proprietorship business.
Article XVII
individual proprietorship enterprises to invest in people legally entitled to the enterprise's property ownership, the relevant rights may be transferred or inherited according to law.
Article XVIII
individual proprietorship enterprises to invest in the time of application for establishment as a common property of the family clearly its own expense, they shall be the common property of the family unlimited liability for corporate debt.
Article XIX
individual proprietorship enterprises to invest in companies who can manage their own affairs, can appoint or hire another person with the capacity for civil conduct shall be responsible for transaction management.
Person appointed or employed another person to manage proprietorship enterprise, shall be the agent or employee of a written contract, clearly delegate the specific content and scope of authority granted.
agent or employee shall perform integrity, diligence obligations, in accordance with the contract signed with the investor is responsible for managing the affairs of individual proprietorship enterprises.
investor agent or employee of the personnel authority restrictions, or bona fide third party.
Diershitiao person appointed or employed by the management of the affairs of the individual proprietorship enterprises shall have the following acts:
(a) the use of his position extort and accept bribes;
(b) the use of his position or work to embezzle enterprise property;
(c) misappropriation of corporate funds for personal use or lending it to others;
(d) without authorization, or an individual enterprise funds to account stores opened in the name of others;
(e) provide security business property without authorization;
(f) without consent, engaged in business which is competitive with the business;
(g) without consent, entered into with the enterprise contracts or transactions;
(h) without consent, without the corporate trademark or other intellectual property transferred to others for use;
(ix) disclosure of the corporate trade secrets;
(x) the laws and administrative regulations prohibit the other acts.
Article
a sole proprietorship enterprise shall set up account books and accounting.
twenty-two individual proprietorship enterprises employ workers, they shall sign labor contracts with employees, labor safety and protection of employees, full and timely payment of wages.
twenty-three individual proprietorship enterprises shall participate in social insurance according to state regulations, pay social insurance premiums for their employees.
Twenty-four individuals
owned enterprises can apply for loans and obtain land use rights and enjoy the legal and administrative regulations of other rights.
Twenty-five
unit or individual may violate any laws, administrative regulations, by any means individual proprietorship enterprises to provide financial, material, human; the law enforcement provide financial, material,
air force one mid, human behavior, personal owned enterprises have the right to refuse.
individual proprietorship enterprises Chapter IV Dissolution and Liquidation
Twenty-six individuals
owned enterprises of the following circumstances shall be dissolved;
(a) of the investor decides to dissolve;
(b) the investor dies or is declared dead without an heir or heirs renounced his inheritance;
(c) is to revoke the business license;
(d) laws and administrative regulations of the other cases.
twenty-seventh An individual proprietorship enterprise is dissolved, the liquidation by the investor himself or by the designated creditors apply to court for a liquidator.
investors own liquidation, the liquidation shall be notified in writing within fifteen days before the creditors, not the notice, shall be announced. Creditors should be notified within thirty days from the date, not received such notice shall within sixty days from the date of notice to the investors to declare their claims.
the twenty-eighth An individual proprietorship enterprise is dissolved, the original investor during the existence of a sole proprietorship enterprise shall remain liable to repay the debt, but creditors within five years without compensation to the debtor debt request shall be extinguished.
twenty-ninth An individual proprietorship enterprise is dissolved, the property shall be in accordance with the following order:
(a) wages and social insurance costs;
(b) the taxes due;
( c) other debt.
The third ten
During liquidation, a sole proprietorship enterprise may not engage in business activities unrelated to the liquidation. In accordance with the preceding article before debts are paid, the investor may not transfer or conceal property.
第三十一条 personal property is insufficient to repay the debts owned enterprises, the investor should be with his other property settlement.
Where a sole proprietorship
thirty-second after the liquidation of the enterprise, the investor or the people's court appointed liquidator shall prepare a liquidation report and registration authority within fifteen days for cancellation of registration.
Chapter V Legal Liability
thirty-third violation of this Law by submitting false documents or by other fraudulent means to obtain business registration shall be ordered to correct itself and imposed a fine below five thousand; if the circumstances are serious shall revoke the business license .
thirty-fourth violation of this Law, the name of individual proprietorship enterprises to use their name in the registration authorities do not conform, shall be imposed, a fine of two thousand yuan the following fine.
third fifteen altered, leased, transferred its business license, ordered to make corrections, confiscate the illegal income, impose a fine of three thousand Yuan; serious cases, revoke their licenses.
forged a business license shall be ordered to suspend business, confiscate the illegal income, impose a fine below five thousand. Constitutes a crime shall be held criminally responsible.
thirty-sixth An individual proprietorship enterprise fails to commence business more than six months, or after commencing closure of more than six consecutive months, revoke the business license.
thirty-seventh violation of this Law, without obtaining a business license, the name of an individual proprietorship enterprises engaged in business activities, ordered to cease operation, a fine of three thousand yuan shall be imposed.
sole proprietorship registered items is changed, the regulations related to changes in accordance with this Law shall be ordered to register the change within a time limit; fail to go, a fine of two thousand yuan shall be imposed.
thirty-eighth an investing person appointed or employed individual proprietorship enterprise personnel management violated the contract between the time, the damage caused to the investors bear civil liability.
third nineteen
individual proprietorship enterprise that violates the provisions of this Law, infringes upon legitimate rights and interests, not protect the safety of its workers to pay social insurance premiums,
nike air force one mid, in accordance with relevant laws, administrative rules and regulations will be punished and held responsible person's responsibility.
fourth ten
person appointed or employed in violation of this Law, Article XX, violations of property rights and interests of individual proprietorship enterprises shall be ordered to make restitution; to the enterprise losses are caused,
nike force one, be liable for compensation according to law; there is illegal income shall be confiscated; constitute a crime shall be held criminally responsible.
第四十一条 violation of laws, administrative regulations by individual proprietorship enterprises to provide financial, material and manpower, in accordance with relevant laws and administrative regulations shall be punished, and to hold the persons responsible responsibility.
fourth twelve
individual proprietorship enterprises and their investors during the period before liquidation or liquidation of the concealed or transferred assets to avoid debts, according to recover its property, and in accordance with shall be punished; constitute a crime, shall be held criminally responsible.
forty An investment in violation of provisions of this Law, shall bear civil liability and payment of fines, penalties, his property is insufficient to pay, or be sentenced to confiscation of property, should be first bear civil liability.
fourth fourteen
registration authority does not conform to the requirements of individual proprietorship enterprises shall be registered, or to conform to the requirements of the company refuses to register, the person directly responsible shall be given administrative sanctions; constitutes a crime shall be prosecuted for criminal liability.
fourth fifteen
registration authority of the higher authorities of the competent registration authority does not compel officers conform to the requirements of the business to be registered, or to comply with this Act prescribed conditions are not registered businesses, or the registration authority cover up the illegal registration of acts, the person directly responsible shall be given administrative sanctions; constitutes a crime shall be prosecuted for criminal liability.
forty-sixth The registration authority meets the statutory requirements of the application will not be registered or not exceeding the statutory time limit for reply, the parties may apply for administrative reconsideration or bring an administrative lawsuit.
Chapter VI Supplementary Provisions
Foreign-owned enterprises forty-seventh law is not applicable.
This Law shall
forty-eighth Jan. 1, 2000 shall come into force.
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