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Liaoning Provincial Regulations on the Management of Market Intermediary Organizations

Chapter 1 General Provisions Article 1 In order to strengthen the management of market intermediary organizations, regulate the behavior of market intermediary organizations, protect the legitimate rights and interests of market intermediary organizations and parties, and promote the healthy development of market intermediary organizations, in accordance with relevant national laws and These regulations are formulated in accordance with the provisions of laws and regulations and in light of the actual conditions of the province. Article 2 These Regulations shall apply to the provision of market intermediary services within the administrative region of this province, as well as the supervision and management of market intermediary organizations and their employees. Article 3 The term "market intermediary organization" (hereinafter referred to as "intermediary organization") as mentioned in these Regulations refers to a company registered and established by the industrial and commercial administrative department in accordance with the law, using professional knowledge or skills to provide clients with certification, agency, information technology services, etc. The following for-profit organizations providing intermediary services:

(1) Accounting and other independent auditing organizations;

(2) Assets, production safety, environmental protection, etc. assessment (valuation) organizations;

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(3) Testing, inspection, certification, appraisal and other verification organizations;

(4) Construction engineering and other supervision organizations;

(5) Legal consultation, credit, Engineering, market research and other consulting organizations;

(6) Securities, futures, insurance, financial management, guarantee, pawn, technology and other brokerage organizations;

(7) Taxation, trademarks, patents , advertising, real estate, bidding, auctions, accounting, industrial and commercial registration, immigration, logistics and other agency organizations;

(8) Human resources, marriage, housekeeping services, study abroad and other introduction organizations;

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(9) Other intermediary organizations that comply with the provisions of these regulations. Article 4 The people's governments of provinces, cities with districts (hereinafter referred to as cities), and counties (including county-level cities and districts, the same below) shall establish management mechanisms to promote and regulate the development of intermediary organizations.

The development and reform departments of provincial, municipal, and county people's governments are the comprehensive coordination departments for the management of intermediary organizations. They are responsible for researching and formulating policies and measures to promote and standardize the development of intermediary organizations, and coordinating and solving major problems in the development of intermediary organizations. Article 5: Relevant administrative departments at all levels shall, in accordance with the division of management authority and responsibilities, do a good job in the supervision and management of intermediary organizations and their employees.

The supervisory department shall conduct administrative supervision in accordance with the law on the conduct of administrative departments and their staff involving these Regulations. Article 6 Intermediary organizations and their employees shall abide by laws and regulations, safeguard national interests and social public interests, follow the principles of independence and objectivity, equality and voluntariness, fairness and justice, and honesty and credit, and abide by professional rules and professional ethics. Article 7 Industry associations of intermediary organizations shall conscientiously perform functions such as industry service, self-discipline, and coordination, formulate industry service standards and self-discipline norms, improve the service level of intermediary organizations and their employees, promote honest operations, guide competition in accordance with the law, and safeguard the integrity of intermediary organizations. legitimate rights and interests, and promote the healthy development of intermediary organizations in this industry. Article 8: Any unit or individual who discovers that an intermediary organization and its employees are engaged in illegal activities shall have the right to complain or report to the administrative department responsible for supervision.

If any unit or individual discovers that the administrative department or the comprehensive coordination department of an intermediary organization fails to perform its supervisory duties or performs improper or illegal supervision, it has the right to file a complaint or report to the supervisory department. Chapter 2 Establishment of Intermediary Organizations Article 9 Intermediary organizations shall register with the industrial and commercial administrative department and apply for a business license in accordance with the law; they shall apply for tax registration in accordance with the law. If laws and regulations stipulate that intermediary organizations should be examined and approved by the relevant administrative departments before handling industrial and commercial registration, such provisions shall prevail.

When an intermediary organization establishes a branch, it shall go through industrial and commercial registration procedures in accordance with the law at the location of the branch. If laws and regulations provide otherwise, such provisions shall prevail.

If foreign, overseas legal persons or other organizations establish or participate in the establishment of intermediary organizations in this province, or establish branches of intermediary organizations, they must go through relevant procedures in accordance with our country's laws and regulations. Article 10: If laws and regulations stipulate that intermediary organizations implement a qualification licensing system, the intermediary organization shall obtain the corresponding qualifications in accordance with the law and engage in business activities within the approved business scope.

If laws and regulations stipulate that employees of intermediary organizations implement a professional qualification system, the employees shall have corresponding qualification certificates obtained in accordance with the law.

In industries that do not implement a professional qualification system, employees must have the knowledge, skills, health conditions, etc. necessary to carry out business.

Article 11 The development and reform department shall organize the establishment of a collaboration mechanism between the industrial and commercial administrative department and other relevant administrative departments, and promptly communicate and announce the establishment, change, revocation, and cancellation of business licenses of intermediary organizations or revoke licenses, reduce or cancel qualifications and other information. Article 12: Intermediary organizations shall not be affiliated with state agencies or public institutions with administrative law enforcement functions, and shall not have any interest relationship with state agencies or public institutions with administrative law enforcement functions.

Staff of state agencies or staff of public institutions with administrative law enforcement functions are not allowed to work part-time in intermediary organizations. Chapter 3 Business Management Article 13: Clients have the right to independently choose intermediary organizations to provide services for them in accordance with the law.

The legitimate business practices of intermediary organizations and their employees are protected in accordance with the law, and no unit or individual may interfere.

State agencies may not designate intermediary organizations for parties. Article 14 When the client entrusts an intermediary organization to provide services, it shall be purchased with a fee.

The fees charged by intermediary organizations should be clearly marked, and they are not allowed to set up charging items and set charging standards in violation of regulations. If intermediary service charging items are subject to government pricing or government-guided price management, they must obtain the approval procedures from the price authority before charging.