1985.08.13
STATE ADMINISTRATION OF INDUSTRY & COMMERCE
PROVISIONAL REGULATIONS OF THE STATE ADMINISTRATION FOR
INDUSTRY AND COMMERCE ON THE AUTHENTICATION OF ECONOMIC CONTRACTS
(Promulgated on August 13, 1985 by the State Administration for
Industry and Commerce)
These Provisional Regulations are formulated to facilitate the
task of authenticating economic contracts, to implement
legislation on economic contracts and to protect the legal rights
and interests of the parties
concerned.
@@ Article 1. Authentication is the system used by an economic
contract administrative organ to determine legally, at the request
of both parties concerned, the authenticity and legality of an economic
contract.
@@ Article 2. The authentication of an economic contract
shall be conducted on a voluntary basis, except where the State
stipulates otherwise.
@@ Article 3. The State Administration for Industry and Commerce
shall be the organ responsible for the authentication of
economic contracts. Authentication shall generally be executed by
the local Administration for Industry and Commerce in the area
where the contract is signed or implemented.
@@ Article 4. Authentication of an economic contract shall be
executed in accordance with the provisions of State laws,
administrative legislation and policies and shall examine whether:
(1) a party which is a signatory to an economic contract is
qualified and has the necessary authority and competence;
(2) the views given by a party to an economic contract are factual;
(3) the content of an economic contract complies with the
requirements of State laws, policies and plans; and
(4) the content of the principal clauses of an economic
contract is complete, the written expression therein is accurate,
and the signing of the contract complies with required legal procedures.
@@ Article 5. Authentication of economic contracts shall
include the authentication of contracts of purchase, construction
project contracting, process contracting, freight transportation,
electricity supply, storage and custody, property leasing, loans,
property insurance, scientific and technological co-operation and
joint ventures, which are concluded between legal persons, between a
legal person and an individual household operation, a farming
household operation or a specialised household operation, between
individual household operations, between specialised operations or
between an individual household operation and a specialised household
operation.
@@ Article 6. For authentication of an economic contract, both
parties to the contract shall go to the Administration for Industry
and Commerce. If it is necessary[1] [2] 下一页
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