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 enterprise, application shall be filed with the competent civil aviation authority under the State Council for operating licence, and registration with the administrative department for industry and commerce shall be performed according to law, where a public air transport enterprise fails to obtain operating licence, no registration shall be performed for such enterprise by the administrative department for industry and commerce.

Article 93 The establishment of a public air transport enterprise shall satisfy the following conditions:

(1) It has the civil aircraft conforming to the requirements of ensuring flight safety as stipulated by the State;

(2) It has the necessary airmen who have been issued licences according to law;

(3) It has the registered capital not less than the minimum limit prescribed by the State Council; and

(4) Other conditions prescribed by laws and administrative rules and regulations.

Article 94 The provisions of the Company Law shall be applicable to the form of organization and institutional framework of public air transport enterprises.

Where the form of organization and institutional framework of the public air transport enterprises established before the implementation of this Law do not — 36 —