Sole Proprietorship Enterprise Law of the PRC

【Date】 1999.08.30
issued timeliness】 【effective
implementation date】 【Key Words】 【2000.01.01
111701199902
breath 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 11 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 action of individual proprietorship enterprises, protection of individual proprietorship enterprises legitimate rights and interests of investors and creditors, maintaining social and economy order, subserve the development of the socialist mall economy , 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 always individuals, investors personal property for its unlimited liability for corporate debt business thing.
Article sole proprietorship with its headmaster domicile.
Article
sole proprietorship enterprises engaged in business activities must obey by laws and administrative regulations and abide by the rule of nice belief, not injure the public interest.
individual proprietorship enterprises shall carry out its tariff liability.
The state owned enterprises according to law the protection of private property and other legitimate rights and interests.
For individual proprietorship enterprises shall recruit personnel. The legitimate rights and interests protected by law.
individual proprietorship enterprises shall establish their trade alliance activities in accordance with the law.
Article VII of individual proprietorship enterprises in the Chinese Communist Party Constitution in consensus with the Chinese Communist Party activities.

Chapter II Establishment of Individual Proprietorship Enterprises

Article VIII establishing a sole proprietorship enterprise shall meet the following conditions:
(a) the investment is a normal person;
; (b) the name of a legitimate business;
(c) investors endowed by the investor;
(d) Have a fixed area of business and the required conditions of operation;
(e) of the necessary personnel.
Article IX
establishing a sole proprietorship enterprise shall be entrusted by the investor or his deputy to an individual proprietorship enterprise registration authority to build the situation of the application, the identity of investors certified creation establishments using documents and other documents. Agent when the applying for registration shall be published by the investor the power of lawyer and the legal personality of agents.
owned enterprises shall not agree in private laws, executive regulations deter the operation of the business; busy in legal and governmental regulations have to be submitted for approval by the relevant business application for registration shall be submitted in the relevant permission documents .
Article
set up a sole proprietorship enterprise application shall include the following:
(a) the name and residence;
(b) the investor's name and residence;
(c) the investor the measure and fashion 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 invariable.
Article XII

registration authority should be in invoice 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 reaction stating the cause.
Article XIII
sole proprietorship of the business license issuance date, date of establishment for the sole proprietorship.
receiving a sole proprietorship business license before the individual investor owned enterprises shall not engage in business activities on behalf of.
Article XIV
individual proprietorship enterprises to set up bough, ought be entrusted by the investor or his agent to the branch location of the registration authority for registration and obtain a affair prerogative.
branch accepted 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 subsistence of a sole proprietorship enterprise registration is changed, the determination 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 of 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 provide in the time of application for establishment as a mutual property of the family clearly its own outlay, they shall be the common property of the household unlimited liability for corporate debt .
Article XIX
individual proprietorship enterprises to invest in companies who can manage their own affairs, can appoint or employ another person with the capacity for civil behave shall be responsible for transaction management.
person appointed or employed variant person to administer 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 execute integrity, diligence obligations, in accordance with the contract signed with the investor is responsible for managing the happenings of individual proprietorship enterprises.
investor agent or employee of the personnel features of the restrictions,Womens Lacoste Trainers New, or bona fide third celebration.
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 approve bribes;
(b) the use of his location or go to thieve enterprise property;
(c) misappropriation of corporate funds for personal use or lending it to others;
(d) without license, or an individual enterprise asset 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 agree, without the corporate trademark or other mastermind property transferred to others for use;
(ix) disclosure of the corporate trade mysteries;
(x) the laws and administrative regulations prohibit the other acts.
Article
a sole proprietorship enterprise shall set up account writings and accounting.
twenty-two individual proprietorship enterprises employ workmen, they shall sign labor contracts with workers, labor safety and conservation of employees, full and timely payment of wages.
twenty-three individual proprietorship enterprises shall partake in social insurance according to state regulations, pay social insurance bonuses for their employees.
Twenty-four individuals
owned enterprises tin apply for loans and obtain land use rights and enjoy the legal and administrative regulations of other rights.
Twenty-five

element or individual may violate any laws, administrative regulations, by any manner individual proprietorship enterprises to provide financial, material, human; the law enforcement provide financial, material,Lacoste Protect Laser Trainers, people behavior, personal owned enterprises have the right to refuse.

individual proprietorship enterprises Chapter IV Dissolution and Liquidation
Twenty-six individuals

owned enterprises of the retinue circumstances shall be liquefied;
(a) of the investor decides to dissolve;
(b) the investor dies or is alleged die 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 appointed creditors apply to court for a liquidator.

investors own liquidation,Lacoste Tennis Trainers, the liquidation shall be notified in writing within fifteen days before the creditors can not placard, 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 demands.
the twenty-eighth An individual proprietorship enterprise is dissolved, the elemental 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 assurance prices ;
(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 treatise ahead debts are paid, the investor may not migrate or conceal property.
第三十一条 personal property is not enough to remunerate the debts owned enterprises,Lacoste Finham SPM Trainers, the investor should be with his other property accommodation.
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 artificial 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 label of individual proprietorship enterprises to use their label in the registration authorities do not conform, shall be imposed, a fine of two thousand yuan the following nice.
第三 fifteen changed, leased, transferred its business license, ordered to make alterations, confiscate the illegal income, impose a fine of three thousand Yuan; serious cases, revoke their licenses.
forged a business license shall be ordered to halt 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 later 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 alteration among a time limit; fail to work, 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 harm caused to the investors bear civil liability.
第三 nineteen
individual proprietorship enterprise namely violates the provisions of this Law, infringes upon legitimate rights and interests, not protect the safety of its workers to pay social insurance premiums, in accordance with relevant laws, administrative rules and regulations will be punished and held responsible person's responsibility.
fourth ten
human appointed alternatively hired in violation of this Law, Article XX, violations of property rights and interests of individual proprietorship enterprises shall be arrayed apt make restitution; apt the corporation losses are reasoned, be liable because compensation according to decree; there is illegal proceeds 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 cater financial, substance and manpower, in accordance with relevant laws and administrative regulations shall be punished, and to prop the persons responsible responsibility.
第四 twelve
individual proprietorship enterprises and their investors during the time before liquidation or liquidation of the concealed or transferred assets to avert debts, according to retrieve 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,Lacoste Zepher MR2 Trainers, his property is insufficient to pay, or be sentenced to confiscation of property, should be premier bear civil liability.
第四 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 guilty liability.
第四 fifteen
registration authority of the higher authorities of the capable registration authority does not compel commanders 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 deeds,Lacoste Radiate Croc Trainers, the person instantly responsible shall be given administrative sanctions; constitutes a crime, be held criminally responsible.
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 send 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.