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Regulations of Ningbo Municipality on the Protection of the Rights and Interests of Private Enterprises
Article 1 In order to encourage and guide the healthy development of the private economy and protect the legitimate rights and interests of private enterprises, these Regulations are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this Municipality. Article 2 The term "private enterprise" as mentioned in these Regulations refers to a profit-making economic organization established or controlled by a natural person and approved and registered by the administrative department for industry and commerce to engage in production and business activities. Article 3 People's governments at all levels shall encourage and guide the healthy development of private enterprises, protect their legitimate rights and interests and create a level playing field.

The relevant administrative departments shall, in accordance with their respective responsibilities, do a good job in the management and service of private enterprises. Article 4 Private enterprises shall abide by laws and regulations, obey the supervision and management of relevant administrative departments, and shall not harm the national interests, social public interests and the legitimate rights and interests of workers, consumers and other citizens. Article 5 A private enterprise shall have the right to possess, use, benefit and dispose of all its property according to law, and may independently decide to lease, mortgage, transfer or dispose of all its property in other ways according to law.

No organization or individual may seize, plunder, destroy, extort money or infringe upon the legitimate property of private enterprises by means of illegal seizure, seizure, freezing and confiscation. Article 6 No organization or individual may occupy the production and business premises legally used by private enterprises; Due to the need of demolition, the construction unit shall be resettled or compensated according to law. Article 7 No organization or individual may infringe upon the exclusive right to use a registered trademark or patent. Obtained by private enterprises according to law. Article 8 No organization or individual may illegally change the economic nature of private enterprises in any way.

If a private enterprise is affiliated with a unit of collective ownership or registered by the nature of collective ownership, it shall apply to the registration authority to get rid of the affiliated relationship, clarify the property rights and go through the registration formalities again. Affiliated units and relevant competent departments shall take the initiative to break away from affiliated relations with private enterprises, and shall not obstruct private enterprises from re-registering according to law. Article 9 Private enterprises shall enjoy operational autonomy according to law, and no organization or individual may illegally interfere. Article 10 A shareholder or partner of a private enterprise registered and established in accordance with the Company Law of People's Republic of China (PRC) and the Partnership Law of People's Republic of China (PRC) shall not commit any of the following acts:

(1) Failing to pay their respective capital contributions in accordance with the shareholders' agreement, articles of association or partnership agreement;

(2) Withdrawing investment after the establishment of the enterprise;

(3) Transferring the capital contribution without the consent of the shareholders' meeting or other partners;

(4) Other acts that infringe upon the rights and interests of shareholders and partners. Article 11 Directors, supervisors, managers, partners and employees of a private enterprise shall not commit any of the following acts:

(a) taking advantage of his position to ask for or accept bribes;

(2) taking advantage of his position or work to occupy the property of the enterprise;

(3) misappropriating enterprise funds by taking advantage of his position;

(four) to open an account for the enterprise funds in the name of an individual;

(five) to provide security for the debts of others with the assets of the enterprise without authorization;

(6) Failing to perform the obligations stipulated in the articles of association or the partnership agreement;

(seven) the disclosure of business secrets such as technology, production technology and business strategy that the enterprise has taken security measures;

(eight) damage to the equipment, tools, facilities and other property of the enterprise;

(nine) other acts that infringe upon the rights and interests of enterprises as stipulated by laws and regulations. Article 12 The management personnel appointed by a private enterprise shall perform their duties within the scope authorized by the enterprise. If an enterprise engages in business activities beyond the scope authorized by the enterprise, or causes losses to the enterprise due to intentional or gross negligence, it shall bear legal responsibility according to law. Thirteenth private enterprises can engage in other industries and projects except those prohibited by the state.

Encourage private enterprises to engage in high-tech industries, and enjoy preferential treatment stipulated by the national, provincial and municipal people's governments for projects that have been identified as transforming high-tech achievements; Encourage private enterprises to participate in the investment and operation of infrastructure and municipal engineering projects such as energy, transportation and water conservancy; Encourage private enterprises to engage in the comprehensive development of mountain and marine agriculture.

Encourage private enterprises to participate in public welfare undertakings and activities. Fourteenth private enterprises can contract, lease, purchase and merge various enterprises according to law, and can conduct joint operations with economic organizations or individuals in different regions, different industries and different ownership systems. No unit or organization may force or obstruct it. Article 15 Private enterprises may, according to law, establish joint ventures and cooperative enterprises with companies, enterprises and other economic organizations or individuals from foreign countries and Hongkong, Macao and Taiwan Province, and carry out processing with supplied materials, assembling with supplied materials, processing with supplied samples and compensation trade, as well as foreign investment and business activities. Sixteenth private enterprises enjoy the following rights in production and business activities:

(a) to enjoy the exclusive right to use the registered name and font size within the prescribed scope;

(2) To decide independently the organization, management system, production and operation, profit distribution and product sales of this enterprise according to law;

(three) to apply for and obtain the patent right and the exclusive right to use a registered trademark according to law, and have the right to apply for the recognition of well-known and famous trademarks;

(4) Obtaining import and export rights according to law;

(5) Appointing and dismissing employees according to law, and determining the wage distribution mode and wage level according to law;

(six) to decide the commodity prices and service prices of enterprises independently within the scope prescribed by the state and the province;

(seven) to open an account in a bank or other financial institution and apply for a loan with valid documents such as a business license;

(eight) to participate in the honorary title and advanced appraisal authorized by the government, and to participate in activities such as studying abroad;

(nine) to declare the national scientific research projects and development projects;

(ten) to participate in product appraisal and quality certification, technical appraisal, exhibition ordering, cultural and technical training, professional and technical title evaluation, domestic and foreign economic and trade fairs, commodity fairs and other industry activities organized by the state or relevant departments;

(eleven) other rights stipulated by laws and regulations.