State Administration for Industry and Commerce, Measures for Enterprise Annual Inspection

Promulgated: February 24 2006
Effective: March 1 2006
Applicability: These Procedures apply to limited liability companies, companies limited by shares, non-company type enterprise legal persons, partnership enterprises and wholly individually-owned enterprises, and their branches and sub-branches, as well as foreign (regional) enterprises in China engaging in business activities and other business work units (collectively, Enterprises) (Article 2).

Main contents: Enterprise annual inspection (Annual Inspection) refers to the regulatory system whereby enterprise registries carry out periodic inspections annually in accordance with the law on particulars relating to enterprise registration matters based on the Annual Inspection materials submitted by enterprises (Article 3). From March 1 to June 30 each year, enterprises shall submit Annual Inspection materials to enterprise registries. With proper reasons, they may, prior to June 30, submit applications to delay participating in an Annual Inspection by the enterprise registries, and may delay the inspection 30 days subject to the approval of the enterprise registries. Enterprises shall participate in Annual Inspection from the year following their establishment and registration (Article 4). With regard to Annual Inspection materials required of companies, enterprise registries shall carry out examination mainly on matters such as whether the amendment of registration for the transfer of equity by shareholders and promoters is handled in accordance with the provisions (Article 13). With regard to Annual Inspection materials required of non-company type enterprise legal persons, enterprise registries shall carry out examination mainly on matters such as whether the amendment of registration for change of the enterprise's economic nature is handled in accordance with relevant provisions (Article 14). With regard to Annual Inspection materials required of partnership enterprises, enterprise registries shall carry out examination mainly on matters such as whether the amendment of registration for the change of a managing partner of the enterprise is handled in accordance with relevant provisions (Article 15). With regard to Annual Inspection materials required of wholly individually-owned enterprises, enterprise registries shall carry out examinations mainly on matters such as whether the amendment of registration for changes in the investor's name or residence are handled in accordance with relevant provisions (Article 16). With regard to Annual Inspection materials of (sub)-branches without legal personality of enterprises, foreign (regional) enterprises in China engaging in business activities and other business work units, enterprise registries shall carry out examination mainly on matters such as whether the amendment of registration for change of the person in charge is handled in accordance with relevant provisions
(Article 17).
Related legislation: PRC Regulations for the Administration of Company Registration, Jun 24 1994, CLP 1994 No.6 p.4; PRC Regulations for the Administration of Enterprise Legal Person Registration, Jun 3 1988, CLP 1988 No.7 p.33 and PRC Measures for the Administration of Registration of Partnership Enterprises, Nov 19 1997, CLP 1998 No.1 p.5
Repealed legislation: Order of the State Administration for Industry and Commerce No.61, Dec 13 1996 and Measures for Annual Inspection of Enterprises, Dec 13 1996, CLP 1997 No.3 p.11