设立拍卖企业必须经所在地的省、自治区、直辖市人民政府负责管理拍卖业的部门审核许可，并向工商行政管理部门申请登记，领取营业执照。

The establishment of an auction enterprise is subject to the examination and approval by the department in charge of managing the auctioning industry as authorized by the people government of a province, an autonomous region and a municipality directly under the central government where it is located, and shall apply and register with the administrative department for industry and commerce receive a business license.

The establishment of an auction enterprise is subject to examination and approval by the department in charge of managing the auctioning industry as authorized by the government of a province, an autonomous region or a municipality directly under the central government where it is located, and shall apply and register with the administrative department for industry and commerce and receive a business license.

第十二条  设立拍卖企业，应当具备下列条件：

Article 12 Whoever establishes an auction enterprise shall meet the following requirements:

Article 12. An auction enterprise shall meet the following requirements:

（一）有一百万元人民币以上的注册资本；

(1) Having a registered capital of at least one million yuan;

(1) registered capital of at least RMB1million;

（二）有自己的名称、组织机构、住所和章程；

(2) Having his own name, organizational setup, residence and articles of association;

(2) trading name, organisational setup, registered address and constitution;

（三）有与从事拍卖业务相适应的拍卖师和其他工作人员；

(3) Having auctioneers and other staff qualified for the auctioning business;

(3) qualified auctioneers and other staff;

（四）有符合本法和其他有关法律规定的拍卖业务规则；

(4) Having formulated rules on the auction business that comply with this Law and the stipulations of other relevant laws;

(4) rules and procedures that comply with this Law and the stipulations of other relevant laws have been formulated;

（五）有公安机关颁发的特种行业许可证；

(5) Having the permit on a special industry issued by the public security department;

（六）符合国务院有关拍卖业发展的规定；

(6) Complying with the State Council provisions regarding the development of the auctioning industry; and

(5) compliance with the State Council provisions regarding the development of the auction industry;

（七）法律、行政法规规定的其他条件。

(7) Meeting other requirements as prescribed by laws and administrative decrees.

(6) meeting other requirements as prescribed by laws and administrative decrees.

第十三条  拍卖企业经营文物拍卖的，应当有一千万元人民币以上的注册资本，有具有文物拍卖专业知识的人员。

Article 13 Should an auction enterprise handle the auction of cultural relics, it shall have a registered capital of at least 10 million yuan and have personnel with the professional expertise of relics auction.

Article 13. An auction enterprise handling the auction of cultural relics shall have a registered capital of at least RMB10 million and have personnel with professional expertise of the auction of such items.

第十四条  拍卖活动应当由拍卖师主持。

Article 14 Auction activity shall be presided over by an auctioneer.

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