In China's laws, whether it is a wholly state-owned enterprise or an enterprise registered in other forms, the registration of the business scope of the enterprise must abide by the relevant laws and regulations formulated by the state. Legally registering the business scope can prevent enterprises from operating other businesses, and it is also a management system for enterprises by the government. Provisions on the Administration of Registration of Business Scope of Enterprises Article 1 In order to standardize the administration of registration of business scope of enterprises, standardize business activities of enterprises and safeguard the legitimate rights and interests of enterprises, these Provisions are formulated in accordance with laws and administrative regulations on the administration of enterprise registration. Article 2 These Provisions shall apply to enterprises registered in People's Republic of China (PRC). Article 3 The business scope refers to the business scope of an enterprise registered by the enterprise registration authority according to law. The business scope of an enterprise shall be registered by the enterprise registration authority according to the application of investors or enterprises. The business scope of an enterprise shall conform to the provisions of its articles of association or partnership agreement. Article 4 The business scope is divided into licensed business projects and general business projects. Licensed business projects refer to projects that should be reported to the relevant departments for approval according to laws, administrative regulations and the State Council decisions before the enterprise applies for registration. General business projects refer to projects that enterprises can apply for independently without approval. Article 5 To apply for a project business license, an application shall be submitted to the examination and approval authority in accordance with laws, administrative regulations and the State Council decisions, and after approval, an application shall be submitted to the enterprise registration authority with the approval documents and certificates. If the examination and approval authority has restrictions on the operating period of the licensed project, the registration authority shall register the operating period, and the enterprise shall engage in business within the operating period approved by the examination and approval authority. To apply for general business projects, the applicant shall independently select one or more business categories with reference to the classification of national economic industries and relevant regulations, and apply for registration directly to the enterprise registration authority according to law. Article 6 The enterprise registration authority shall register the licensed business projects according to the approval documents and certificates of the examination and approval authority. If the approval documents and certificates do not clearly indicate the permitted business projects or the expressions are not standardized, they shall be registered in accordance with relevant laws, administrative regulations, the State Council decisions and the classification of national economic industries. The enterprise registration authority shall, according to the articles of association, partnership agreement or application, refer to the categories and relevant provisions in the Classification of National Economic Industries, and register general business projects. Article 7 The business scope of an enterprise shall include or embody the industry or business characteristics in the enterprise name. For cross-industry enterprises, the industry to which the first business item in its business scope belongs is the industry to which the enterprise belongs. Article 8 If an enterprise changes its business scope, it shall apply to the enterprise registration authority for registration of change within 30 days from the date when the enterprise makes a resolution or decision on change. Involving licensed projects, it shall, within 30 days from the date of approval by the examination and approval authority, apply to the enterprise registration authority for registration of change with the approval documents and certificates. Where a partnership enterprise or a sole proprietorship enterprise changes its business scope, it shall apply to the enterprise registration authority for registration of change within 05 days from the date of making the change decision. Article 9 Where an enterprise newly established due to division or merger applies to engage in licensed business projects, it shall apply to the examination and approval authority stipulated by laws, administrative regulations and the State Council decisions before applying for registration, and after approval, it shall apply to the enterprise registration authority with approval documents and certificates; Where an enterprise that survives due to division or merger applies to engage in licensed business projects, if it has been approved by the examination and approval authority before the change registration, there is no need to go through the examination and approval procedures again. Article 10 Before an enterprise changes its type, it is not necessary to go through the examination and approval procedures again for the licensed business projects that have been approved by the examination and approval authorities. Except as otherwise provided by laws, administrative regulations and the State Council. Article 11 If an enterprise changes its investor, it does not need to go through the examination and approval procedures again for the licensed business project originally approved by the examination and approval authority. Except as otherwise provided by laws, administrative regulations and the State Council. Where an enterprise investor is changed from a domestic investor to an overseas investor, or an enterprise investor is changed from an overseas investor to a domestic investor, the enterprise registration authority shall re-register its business scope in accordance with the approval documents and certificates of the examination and approval authority. Article 12 The business scope of a branch that cannot bear civil liability independently (hereinafter referred to as a branch) shall not exceed the business scope of its affiliated enterprises. If a branch engages in licensed business projects within the business scope of its affiliated enterprises, it shall report to the examination and approval authority for approval. Except as otherwise provided by laws, administrative regulations and the State Council. Where the examination and approval authority separately approves the project licensed by the branch, the enterprise may apply to increase the corresponding business scope by the approval documents and certificates of the project licensed by the branch, but the words "(branch operation)" shall be marked after the application for increasing the business scope. Article 13 The enterprise registration authority shall not register an enterprise under any of the following circumstances: (1) Laws, administrative regulations and the State Council have decided to prohibit the enterprise from operating; (2) If it is a licensed project, the approval documents and certificates of the examination and approval authority cannot be submitted; (3) The registered capital does not reach the minimum amount of registered capital of business projects as stipulated by laws and administrative regulations; (four) the laws, administrative regulations and the State Council regulations stipulate that enterprises in a specific industry can only engage in approved projects, and enterprises apply for other projects; (5) Other circumstances stipulated by laws, administrative regulations and the State Council. Article 14 Under any of the following circumstances, an enterprise shall stop the operation of related projects and apply to the enterprise registration authority for change of business scope or cancellation of registration in time: (1) The enterprise fails to apply for examination and approval in accordance with the provisions after the general business projects in the business scope have been adjusted into licensed business projects due to laws, administrative regulations and the State Council regulations; (two) the business projects within the permitted business scope require re-examination and approval by laws, administrative regulations and the State Council decisions, but the enterprise fails to apply for examination and approval according to the regulations; (three) the licensed business projects within the business scope, after the expiration of the business period approved by the examination and approval authority and approval, the enterprise has not gone through the examination and approval procedures again; (4) The licensed business projects within the business scope are cancelled by the examination and approval authorities. Article 15 If an enterprise engages in the operation of licensed projects without approval and registration, or violates the provisions of Article 14 of these Provisions, it shall be investigated and dealt with by the enterprise registration authority in accordance with the Measures for Investigating and Banning Unlicensed Operation. Article 16 Where an enterprise engages in unregistered general business projects, the enterprise registration authority shall investigate and deal with it according to the law according to the out-of-scope business. The Regulations on the Registration and Management of Business Scope of Enterprises is applicable to all registered enterprises in China, so the business scope of wholly state-owned enterprises must also abide by this regulation. When we register the business scope of a wholly state-owned enterprise, the business scope must be approved by the relevant government units, and the business items of the enterprise need to be indicated in the articles of association.
Legal objectivity:
Article 4 The name of an enterprise shall not be the same as that of an enterprise in the same industry approved and registered by the same enterprise registration authority. The provisions of this article shall apply to the following situations: (1) The name of the enterprise in the same industry registered in the same registration authority is the same, or it has been approved but not registered, and it is still within the validity period, or it has been applied but not approved; (2) It has the same name as an enterprise in the same industry that has gone through the cancellation of registration less than 1 year; (3) It is the same as the original name of the same industry less than 1 year before the enterprise of the same registration authority changed its name; (4) Having the same name as an enterprise in the same industry whose establishment registration has been cancelled and whose business license has not been cancelled.