Issuing Authority: State Administration for Industry and Commerce, March 2003-65438+March 2003.
Article 1 In order to effectively use enterprise registration files to serve the public, these Measures are formulated in accordance with the Archives Law of People's Republic of China (PRC), the Regulations on the Registration of Enterprises as Legal Persons in People's Republic of China (PRC) and the Regulations on the Registration of Companies in People's Republic of China (PRC).
Article 2 The administrative departments for industry and commerce at all levels shall do a good job in filing and developing enterprise registration files in accordance with the Measures for the Administration of Enterprise Legal Person Registration Files. The query of enterprise registration files should follow the principle of unified leadership and hierarchical management, maintain the integrity and safety of files, and facilitate the use of all sectors of society.
Article 3 The administrative departments for industry and commerce at all levels shall gradually adopt computer network engineering and automatic inquiry technology to establish an accurate, fast, wide-area and economical enterprise registration file information inquiry service system.
Article 4 The administrative department for industry and commerce shall inquire about the enterprise registration files according to the administrative authority.
The administrative department for industry and commerce that has realized computer networking can make remote inquiries about the enterprise registration files in the networking area.
Article 5 The query of enterprise registration files can be divided into machine-readable file query and paper file query according to the mode of provision.
The query contents of machine-readable files include:
(1) enterprise registration items: name, domicile, business premises, legal representative or person in charge, economic nature or enterprise category, registered capital or registered capital, business scope, mode of operation, competent department, investor, business term, registration number, date of approval and registration, etc.
(2) Enterprise registration approval documents: department approval documents, articles of association, capital verification certificate, residence certificate, legal person qualification certificate or natural person identity certificate, legal representative's employment documents and identity certificate, and name pre-approval notice.
(3) Enterprise change: the date of approving the establishment of subsidiaries or branches, various registration documents related to the change of name, domicile, legal representative, economic nature or enterprise category, registered capital or registered capital, business scope and mode of operation, and the date of approving the change.
(4) Enterprise cancellation (cancellation): the date of court bankruptcy ruling, enterprise resolution or decision, documents ordered by administrative organs to close, liquidation organization and liquidation report, and approval of cancellation (cancellation).
(5) Supervision and inspection items: the record, date and annual inspection of the enterprise's punishment (except the enterprise's operation, financial status, bank and account number).
The query content of books and archives includes the original registered archives of all approved registered enterprises.
Article 6 Any organization or individual may inquire about machine-readable files from the local administrative department for industry and commerce.
Article 7 Public security organs, procuratorial organs, judicial organs, state security organs, and discipline inspection and supervision organs at all levels may, on the strength of the relevant official letters and the valid certificates of the inquirers, inquire about the files with the administrative departments for industry and commerce at all levels. The law firm acts as an agent in litigation activities, and the inquirer can inquire about the written file by presenting the court filing certificate and lawyer's certificate.
Confidential matters involved in book-style archives must be approved by the administrative department for industry and commerce before they can be consulted.
When handling cases involving the administrative department for industry and commerce, only the internal approval documents of the administrative department for industry and commerce can be consulted.
Eighth machine-readable files, books and files, at the request of the inquirer, can be stamped with the special seal for file inquiry of the administrative department for Industry and commerce.
Article 9 No one may modify, smear, move, mark, damage or copy the enterprise registration files without authorization.
Inquirers shall not use the obtained information to carry out paid service activities or publish enterprise registration files.
Article 10 When inquiring and copying enterprise registration files, the inquirer shall pay the inquiry fee and copying fee. There is no charge for public prosecution, law enforcement, discipline inspection and supervision, and state security organs to inquire about books and archives (excluding civil cases).
The specific charging standards for inquiry fees and copying fees shall be approved by the administrative authorities for industry and commerce at or above the provincial level in conjunction with the administrative authorities for industry and commerce at the same level.
Eleventh provinces, autonomous regions and municipalities directly under the central government administrative departments for Industry and commerce may formulate specific implementation measures according to these measures.
Article 12 These Measures shall be implemented as of the date of promulgation. Where the provisions on the inquiry of enterprise registration files are inconsistent with these measures, these measures shall prevail.