Zhuhai Special Economic Zone Hengqin New Business Registration Management

Original Language Title: 珠海经济特区横琴新区商事登记管理办法

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Zhuhai Special economic zone hengqin new business registration management

    (May 23, 2012, Zhuhai city, the eighth session of the Standing Committee of the people's Government of the 4th consideration by May 23, 2012, Zhuhai city people's Government announced as of May 24, 2012, 83rd) Chapter I General provisions

    First to build the rule of law, international business environment, according to the Zhuhai Special economic zone hengqin Ordinance and the provisions of relevant laws and administrative regulations, based on actual Zhuhai Special economic zone, these measures are formulated. Article in the Zhuhai Special economic zone in hengqin commercial registration and the related regulatory procedures apply.

    Not specified this way, apply the provisions of relevant laws and regulations.

    Article refers to commercial registration applicant for the establishment, change or termination of business qualification, to apply to the business registration office, be registered by the business registration office.

    Business subject refers to a firm, non-legal person of the company and its subsidiaries.

    Fourth hengqin, Zhuhai city hengqin is the Administrative Department for industry and commerce business registration organ.

    Five applicants to apply for business registration, an application shall be submitted in accordance with provisions of materials, together with a written undertaking stating that application materials.

    Required for the application for registration of commercial material, be publicized by the business registration organ.

    Business registration forms review of materials submitted by the applicant, materials complete, in compliance with the statutory form, is permitted to be registered. Sixth hengqin new implementation of system of individual exemptions from registration. Natural persons engaged in business activities, without having to go through the individual registration, tax registration directly.

    Relates to license projects, approved by the licensing approval file operations.

    Chapter II business qualification

    Seventh business qualification registration includes:

    (A) name;

    (B) the places of domicile and business;

    (C) the legal representative (owner) name;

    (D) the registered capital;

    (E) commercial body type;

    (F) the shareholders of a limited liability company or joint sponsor's name or title, and the amount of subscribed capital.

    Commercial registration office registered items should be recorded in the commercial register. Commercial registration of the eighth article implementation of the online application, acceptance, examination, licensing, archive registration mode.

    Electronic files and paper files have the same legal effect. Commercial registration office e-business license, electronic business licenses and paper license shall have the same legal effect.

    Commercial subjects according to the needs, you can apply for business registration organ to issue paper license.

    Article the applicant apply for business registration, you can not apply for name pre-approval.

    Tenth business subject prior to the establishment of the law shall be submitted to the approval of the national exclusive industry, when applying for registration should be submitted to the commercial register authority the relevant documents of ratification.

    11th commercial main scope of business is divided into general business and licensing business. Adopted by the commercial subject scope stipulated in the articles.

    Scope set forth in the articles referring to the sector of the national economy and the relevant categories under. 12th general approval of the projects is not required, commercial entity can operate independently of the project.

    After the commercial license, business license General engaged in the project.

    Commercial registration Office license scope of bar call "general business projects operate independently."

    13th licensing project refers to projects should be reported to the relevant authorities.

    Licensing project shall submit an application to the approval authorities in accordance with law, approved by the licensing approval file operations. Licensed operation items do not need to apply for registration of commercial registration.

    Business registration institution in the scope of business license bar raises "licensed operation engaged in the project approval document or license."

    14th article subject's principal place of business shall be its domicile, undertakings engaged in business activities is its place of business.

    Inconsistent business principal place of business and residence.

    15th business bodies when applying for a residence and place of business registration, simply submit a proof of residence and business premises access, commercial registration office does not examine homes and locations the statutory purpose and function.

    Access to relevant departments according to law permits for operating establishments, business subject should apply to the relevant approval authorities, approved by the licensing approval file operations.

    16th business subject can place in the residence of an additional business and registered with the commercial registration Department.

    Business principal place of business without a business registration office within their respective jurisdictions, shall apply for the establishment of branch offices.

    17th in hengqin new area office within the region through hengqin residential certificate issued by the relevant Department of the Management Committee, the same address can be used as the residence of many commercial subject. 18th limited-liability companies with registered capital subscribed, its registered capital subscribed capital for all shareholders.

    Shareholders subscribed capital contributions to the extent of the amount of corporate responsibility, the company, with all of its property to the liability of the company. Commercial registration office registered limited liability company's paid-up capital, do not charge the capital verification certificate file. Commercial registration Office license paid up capital raise "hengqin implementation of registered capital subscribed, no registration the paid-up capital".

    Laws, administrative regulations and decisions of the State Council on specific provisions of the paid-up capital of the subject, from its provisions. 19th limited liability companies can apply to the business registration organ paid-up capital for the record.

    Application for filing shall submit the verification report. 20th shareholder limited liability company name or name, as well as subscription and the amount of capital contribution actually paid, investment and contribution forms and other matters agreed by shareholders, and recorded in the company's Charter.

    Shareholders actually paid the capital, of the investment certificates issued by a company to its shareholders.

    The authenticity of registered capital paid by the company and its shareholders.

    Chapter annual report

    The 21st annual reporting system of commercial registration of commercial subject and the need for annual inspection regime.

    Commercial subjects should submit an annual report each year to the business registration office.

    22nd of the business subject to the period from March 1 to June 30 of the annual report.

    Established registered commercial entity, since the annual report next year.

    23rd annual report should include the registration of commercial subject change, registered capital paid up, access to business permits, mainly engaged in business project and the balance sheet and profit and loss account.

    24th through online business bodies submit annual reports, submitted an undertaking declared content of the annual report.

    25th commercial entity is not required to submit an annual report, commercial registration office should be entered in the commercial register.

    Fourth chapter of commercial subject removal

    Article 26th commercial entity is not required to submit an annual report for two consecutive years, commercial registration office to be removed from the commercial register, credited business bodies removed from list.

    27th commercial subjects were less than two years removed from, and meet one of the following conditions may make the application for restoration, after the examination and verification by the business registration organ, removed from the commercial subject list deleted, again recorded in the commercial register:

    (A) prove that de-listing does not exist;

    (B) required to pay annual report.

    Fifth chapter of commercial registration regulation

    28th commercial subject scope of business, undertakings relating to approval matters, is responsible for the approval of the relevant administrative departments responsible for supervision should be made without obtaining permission to engage in related business activities, by the relevant licensing examination and approval departments shall be investigated and dealt with according to law.

    General management project for the day-to-day supervision of the relevant functional departments, depending on function, which should be made without obtaining the business license, a commercial entity engaged in business activities without authorization, the commercial registration organs shall be investigated and prosecuted.

    Licensing project approval departments to carry out supervisory duties; license management projects involving more than one license and approval Department and licensed according to the provisions of the laws and regulations of the competent departments to meet regulatory responsibilities within their respective mandates; relevant departments for the administration of the general business and license shall, within the terms of reference of the project to perform supervisory duties.

    29th organ under commercial registration and approval authorities should take advice, counselling, reminders, exhortations, demonstration, warning, caution, publicity, such as in public administrative guidance, strengthen the monitoring of commercial subjects, to guide their legitimate and trustworthy management.

    The sixth chapter information publicity 30th the hengqin new District Management Committee should establish a unified business information publication platform.

    Relevant departments should a public information platform for commercial body, licensing, approvals and regulatory information exchange and information be publicized.

    31st hengqin new area management Committee should license the project directory in the public area.

    32nd under commercial registration office should be public notice of the following information: (a) the business registration and filing of information in the register;

    (B) business subject to submit an annual report of the situation;

    (C) the commercial subject directory of removal;

    (D) commercial subjects were investigated and dealt with;

    (V) the commercial subject write-offs;

    (Vi) other matters should be publicized.

    33rd approval departments and units should be public and commercial subjects related to the approval and supervision of administrative license and other credit information.

    Article 34th commercial subject shall timely information platform of publicity of its Statute, scope, payment of the registered capital, and locations and other information and their changes over time.

    Regulations shall set forth the matters stipulated by laws and administrative regulations, establish or amend the articles of Association shall comply with the statutory procedures.

    35th limited liability company shall have a company Secretary, responsible for the company's shareholders ' meeting and Board meeting preparation, file storage and information management company shareholders, company information disclosure should be open to the public, and government administrative departments related to the company's situation.

    Company Secretary system shall be specified in the regulations, and to the public.

    Names and change of Company Secretary the Company Secretary, the company shall provide the business registration organ for the record.

    36th commercial body of information involving State secrets, business secrets and personal privacy shall not be external publicity.

    The seventh chapter legal liability

    37th article commercial subject without public notice publicity truthfully or not 34th and 35th article of these measures, by the business registration office a rectification, and may be fined not more than RMB 30,000 yuan.

    Business subject in violation of these regulations the fifth paragraph and the 24th of the regulations, submit materials (annual report) does not match with its Declaration, rectification by the commercial registration authority, and may be fined not more than RMB 30,000 yuan; otherwise provided by laws and regulations, from its provisions.

    38th of the related departments in contravention of this regulation, shall be investigated for criminal liability.

    39th commercial registration and approval departments and units, is not in accordance with this approach the 32nd and 33rd section public information, coordinated by the hengqin new district management committees, in serious cases, investigate the relevant responsibility.

    The eighth chapter supplementary articles

    40th article this way prior to the introduction of a business license of the enterprise, application of this approach to regulation.

    Enterprises in accordance with the approach to the registration authority for the renewal of commercial subject in commercial business license.

    The 41st individual proprietorship enterprises and partnership enterprises in accordance with the measures implemented. 42nd these measures come into force on May 24, 2012.