国家工商行政管理总局关于外商投资传销转型企业分支机构登记问题

工商外企字[2002]第88号

颁布日期：20020416 　实施日期：20020416 　颁布单位：国家工商行政管理总局

　　GongShangWaiQiZi [2002] No.88

　　April 16， 2002

　　The administrations for industry and commerce of all provinces， autonomous¹ regions， municipalities directly under the Central Government and authorized² cities：

　　In order to carry out the Provisions of the Relevant Issues in the Implementation³ of the Circular Concerning the Change of Sales Method by Direct Sale Enterprises with Foreign Investment（GongShangGongZi [2002] No.31） jointly⁴ promulgated⁵ by the State Administration for Industry and Commerce， the Ministry⁶ of Foreign Trade and Economic Cooperation and the State Economic and Trade Commission， the relevant matters of the establishment and alteration⁷ of branches and stores of transformed direct sale enterprises with foreign investment （hereinafter referred to as transformed enterprises） are hereby notified as follows in accordance with the provisions of the Company Law， the Regulations on the Administration of Company Registration⁸ and the Regulations on the Administration of Business Corporation Registration：

　　1. The registration organs of the branches of transformed enterprises shall， on the basis of anew checking off the original examination and approval documents and the transformation⁹ approval documents， determine the title of the branch over again. If the title is inconsistent with the examination and approval documents or the examination and approval documents demarcate special business area within the place the name of which is used in the title of the branch， the title shall be checked and determined¹¹ over again in accordance with the principle of “consistency between the place name in the title and the ratified¹² business area”。

　　2. Where a transformed enterprise adds new stores within the business area of its branch， it shall be the transformed enterprise to apply for registration to its registration organ and to the enterprise with foreign investment registration organ of the place where the store is located. The registration organ shall handle the application in accordance with the registration procedures for branches of enterprises with foreign investment.

　　If the transformed enterprise adds new stores within the business area of its branch that has already been approved， then no examination and approval is required.

　　3. With respect to the business scope or service scope of a transformed enterprise and its branches， the words “within the ratified administrative¹³ areas， set up stores and employ sales persons， and sell products in accordance with the relevant provisions of the State……” shall be added uniformly on the basis of the narration¹⁴ of the examination and approval documents.

　　4. The title of the branch of a transformed enterprise shall be determined uniformly in accordance with the principles provided for in this Circular and the format¹⁰ as “title of the transformed enterprise + name of the ratified business area + Branch”， the title of the store shall be determined uniformly in the format as “title of the branch + specific address of the store + Store”。

　　5. The transformed enterprises and their branches shall display， at the eye-catching places of their business sites， the special provisions of the State on transformation to the sales method of setting up stores and employing sales persons.