Supervision & Administration of Contract
I. Main Responsibility
According to the law, implement the administrative supervision of the contract, be responsible for registering chattel mortgage; according to the law, implement the supervision to the auction activities, be responsible for putting the auction activities on records; and also for putting the form provisions of contract on records; according to the law, investigate and deal with the illegal act such as contract fraud.
II. Conduct the Registration of mortgage
1、The enterprises registered in provincial administration for commerce and industry, with chattel mortgagereserved in Hangzhou downtown, can apply to the provincial administration for commerce and industry for conducting the registration of mortgage.
2、To conduct the registration of mortgage, both parties of mortgage contract should submit the Application of Registering Enterprise’s Mortgage to the registration organ together, actually fill in the application according to its contents, and offer the following documents or the duplicated:
①Main contract and mortgage contract;
②The certificates of proprietary right or usufruct related to mortgage of movables;
③Materials of reserved situation related to mortgage of movables;
④Business licenses of both parties of mortgage contract;
⑤Identification document of identity and authority of both agents;
⑥Other materials needed to offer.
3、The registered items of the mortgage of enterprises’ movable include: mortgagor, mortgagee, mortgage contract, name of estate under mortgage, quantity and value, range of mortgage guarantee, type and amount of secured principal creditor’s right, deadline of the debtor’s fulfilling obligation.
4、If the enterprises are in accordance with the registering conditions, both parties of the mortgage contract will be given the Registered Certificate of Mortgage within 5 working days from the day when receiving all the application materials.
5、In order to change the type and amount of secured principal creditor’s right or the range of mortgage guarantee, both parties of the mortgage contract should bring the change agreement, original Certificate of Registration and other evidentiary materials to the original registration organ to conduct the change registration within 7 days from the day when making the decision of change.
In order to extend the deadline of the debtor’s fulfilling obligation, he/she should bring the agreement of extending the deadline of the debtor’s fulfilling obligation, original Registered Certificate of Mortgage and other proofs to the original registration organ to conduct the renewal registration within 1 month before the deadline.
6、In case of one of the following cases, both parties of the mortgage contract should bring the related evidentiary materials and original Registered Certificate of Mortgage to the original registration organ to apply for conducting the nullification of the registration within 7 days after the situation happened:
①The main contract is finished;
②The mortgagee has realized the right of mortgage;
③The estate under mortgage has been lost;
④The principals cancel the contract in advance.
III. Conduct to Put the Auction Enterprises on Records
All the auction enterprises registered in the provincial Administration for commerce and industryshould put on records in the provincial Administration for commerce and industry within 7 days before the auction, if they want to hold the auction activities in Hangzhou downtown. And the materials for reference that should be offered as follows:
1、Reference Table of Prophase of Auction Activity;
2、Contract of consigning the auction;
3、Authority identification of auction subject matter;
4、List of auction subjects and the duplicated documentation of the related approved documents;
5、Auction notice or auction principle;
6、Other materials;
7、Auction announcement.
Auctioneer should issue the auction announcement in 7 days before the auction. The announcement should clearly write down:
①Time and address of auction;
②Auction subject matter
③Time and address of auction display
④The procedure that should be conducted in order to take part in the biding;
⑤Other items needed to be announced.
The auction enterprises should send the following material to the Provincial Bureau of Commerce & Industry for reference within 7 days after the auction:
①Reference Table of Anaphase of Auction Activity
②Sales confirmation of auction or the duplicated biding card;
③The duplicated ID card of buyer;
④Registration table of bidders (biding sign, name and ID number)
IV. Conduct to Put the Form Provision on Records
The business licenses are checked and issued by the provincial administration for commerce and industry, should send the contract sample to the provincial administration for commerce and industry for reference in 30 days from the day when starting to use the following contract form provisions.
1、The sale, hire contracts of building and its inhabitancy and consign contract;
2、Realty management and fitment and decoration contracts of building
3、Tourism contract;
4、Power, water, heat and gas supply contracts;
5、CATV, postal service and telecom contracts;
6、Consumer credit, life and property insurance contracts;
7、Tourist transportation contract;
8、Other contracts including form provision and which should be put on records according to the regulation of the provincial people’s government.
The enterprise conducting to put the form provision on records, should fill in the reference application of form provision, and submit the following materials:
①The sealed contract text sample including the form provision in duplicate;
②The sealed duplicated Business License of Incorporated Enterprise and Business License or other principal part identification;
③Deputation identification and the duplicated ID of agent;
④Other needed material.
If the form provision should be modified, fill in the reference application of form provision modification, and submit the following materials:
①The modified contract text including the form provision (sealed)
②Other needed materials.
V. Function of Administrative Penalty
To the behaviors that disobey the supervision and administration of contract, the administrative organ for commerce and industry can give the administrative penalty complying with the related laws, articles and regulations of Contract Law, Guarantee Law, Auction Law and Zhejiang Province Supervision and Administration Regulation of Contract Behavior, Management Means of Registration of Estate under Mortgage of Enterprises’ Movables, Provisional of Supervision and Administration of Auction, Provisional Rule Regarding Investigating and Dealing with Illegal Behavior Running through Using Contract.
