Decision of the State Administration for Market Regulation on Revising and Repealing Certain Rules
Decision of the State Administration for Market Regulation on Revising and Repealing Certain Rules
Decision of the State Administration for Market Regulation on Revising and Repealing Certain Rules
Order of the State Administration for Market Regulation No.34
December 31, 2020
The Decision of the State Administration for Market Regulation on Revising and Repealing Certain Rules has been deliberated and adopted at the 14th Executive Meeting of the State Administration for Market Regulation in 2020 on December 31, 2020, and is hereby promulgated for implementation as of January 1, 2021.
Zhang Gong, Director
Decision of the State Administration for Market Regulation on Revising and Repealing Certain Rules
(Order of the State Administration for Market Regulation No.34 on December 31, 2020)
In order to implement the Civil Code, effectively link the departmental rules with the Civil Code, maintain the unity, dignity and authority of the country's legal system, and meanwhile implement the requirements for adjustments to institutional functions, the State Administration for Market Regulation has decided to revise and repeal the following rules:
I. The Measures for the Registration of Equity Pledge with Administrative Authorities for Industry and Commerce (promulgated by the Order of the State Administration for Industry and Commerce No.32 on September 1, 2008) shall be revised.
1. The Measures for the Registration of Equity Pledge with Administrative Authorities for Industry and Commerce shall be revised to the Measures for the Registration of Equity Pledge.
2. The "Real Rights Law of the People's Republic of China" in Article 1 shall be revised to the "Civil Code of the People's Republic of China".
3. "The equities that have been frozen by people's courts may not be applied for equity pledge registration prior to the removal of the freezing” in Article 5 shall be revised to “The equities that have been frozen in accordance with the law may not be applied for equity pledge registration prior to the removal of the freezing".
4. The "contract on pledge right" in Articles 6, 7, 9, 12 and 13 shall be revised to the "pledge contract".
5. The "administrations for industry and commerce" in Article 3 shall be revised to the "market supervision and administration departments".
6. The "State Administration for Industry and Commerce" in Articles 7, 9 and 16 shall be revised to the "State Administration for Market Regulation".
II. The Measures for Supervision and Handling of Contract-related Violations (promulgated by the Order of the State Administration for Industry and Commerce No.51 on October 13, 2010) shall be revised.
1. The "Contract Law of the People's Republic of China" in Article 1 shall be revised to the "Civil Code of the People's Republic of China".
2. The "administrations for industry and commerce" in Articles 4,5,12 and 14 shall be revised to the "market supervision and administration departments".
3. The "State Administration for Industry and Commerce" in Article 15 shall be revised to the "State Administration for Market Regulation".
4. "The parties shall not commit the following fraudulent acts by use of the contract" in Article 6 shall be revised to "The parties shall not, by use of the contract, commit the following fraudulent acts that endanger national interests and social public interests."
III. The Measures for the Registration of Mortgages on Movable Property (promulgated by the Order of the State Administration for Industry and Commerce No.30 on October 17, 2007) shall be repealed.
This Decision shall come into force as of January 1, 2021.
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Order of the State Administration for Market Regulation No.34
December 31, 2020
The Decision of the State Administration for Market Regulation on Revising and Repealing Certain Rules has been deliberated and adopted at the 14th Executive Meeting of the State Administration for Market Regulation in 2020 on December 31, 2020, and is hereby promulgated for implementation as of January 1, 2021.
Zhang Gong, Director
Decision of the State Administration for Market Regulation on Revising and Repealing Certain Rules
(Order of the State Administration for Market Regulation No.34 on December 31, 2020)
In order to implement the Civil Code, effectively link the departmental rules with the Civil Code, maintain the unity, dignity and authority of the country's legal system, and meanwhile implement the requirements for adjustments to institutional functions, the State Administration for Market Regulation has decided to revise and repeal the following rules:
I. The Measures for the Registration of Equity Pledge with Administrative Authorities for Industry and Commerce (promulgated by the Order of the State Administration for Industry and Commerce No.32 on September 1, 2008) shall be revised.
1. The Measures for the Registration of Equity Pledge with Administrative Authorities for Industry and Commerce shall be revised to the Measures for the Registration of Equity Pledge.
2. The "Real Rights Law of the People's Republic of China" in Article 1 shall be revised to the "Civil Code of the People's Republic of China".
3. "The equities that have been frozen by people's courts may not be applied for equity pledge registration prior to the removal of the freezing” in Article 5 shall be revised to “The equities that have been frozen in accordance with the law may not be applied for equity pledge registration prior to the removal of the freezing".
4. The "contract on pledge right" in Articles 6, 7, 9, 12 and 13 shall be revised to the "pledge contract".
5. The "administrations for industry and commerce" in Article 3 shall be revised to the "market supervision and administration departments".
6. The "State Administration for Industry and Commerce" in Articles 7, 9 and 16 shall be revised to the "State Administration for Market Regulation".
II. The Measures for Supervision and Handling of Contract-related Violations (promulgated by the Order of the State Administration for Industry and Commerce No.51 on October 13, 2010) shall be revised.
1. The "Contract Law of the People's Republic of China" in Article 1 shall be revised to the "Civil Code of the People's Republic of China".
2. The "administrations for industry and commerce" in Articles 4,5,12 and 14 shall be revised to the "market supervision and administration departments".
3. The "State Administration for Industry and Commerce" in Article 15 shall be revised to the "State Administration for Market Regulation".
4. "The parties shall not commit the following fraudulent acts by use of the contract" in Article 6 shall be revised to "The parties shall not, by use of the contract, commit the following fraudulent acts that endanger national interests and social public interests."
III. The Measures for the Registration of Mortgages on Movable Property (promulgated by the Order of the State Administration for Industry and Commerce No.30 on October 17, 2007) shall be repealed.
This Decision shall come into force as of January 1, 2021.
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