Several Implementation Opinions of the Shenzhen Municipal Market Supervision Administration on Encouraging Social Investment to Promote the Transformation of the Economic Development Model
2014-02-15 · To thoroughly implement the Scientific Outlook on Development, establish a new market supervision and management system and mechanism that aligns with international standards and meets the requirements of market economy development, create an excellent environment for enterprise development, and promote the transformation of Shenzhen's economic development model, in accordance with the Shenzhen Municipal Party Committee and Shenzhen Municipal People's Government's "Decision on Accelerating the Transformation of the Economic Development Mode" (Shenfa [2010] No. 12) and the Shenzhen Municipal People's Government's "Several Opinions on Further Encouraging and Guiding Social Investment" (Shen Fu [2010] No. 81), The following implementation opinions are hereby put forward to further regulate market supervision and encourage social investment:
1. Support and promote the regulation and development of the e-commerce market. Pilot the establishment of business secretary enterprises, allowing e-commerce operators without office entities to register their business secretary enterprises' residences or office areas as their corporate addresses. Allowing registration of personalized business names, e-commerce operators can use personalized characters, including the Chinese domain name of their own websites, as the company name (trade name). It is permitted to use words that better reflect the characteristics of e-commerce operations or industries as industry expressions for company names.
2. Support the upgrading and transformation of processing enterprises with supplied materials. For processing enterprises with supplied materials that comply with national industrial policies and the city's industrial development direction, if they plan to convert to the same registered address, two enterprises with different names and natures before and after the transformation may coexist at one address within one year; For the relevant licenses and qualification certificates already obtained by the original material processing factory, if the business scope and business premises of the enterprise remain unchanged after transformation, the relevant departments shall handle the certificate renewal procedures within the validity period. For processing enterprises with supplied materials that face actual operational difficulties and cannot transform and upgrade on schedule, their operating period is allowed to be extended until December 31, 2012, allowing departments to actively study policies and guide enterprises to transition to foreign investment legal entities or partnerships.
3. Support the development of emerging industries. Support for the strengthening and expansion of strategic emerging industries such as biotechnology, new energy, and internet. Projects that do not require pre-approval can flexibly determine business scopes that reflect their industry and service characteristics based on enterprise applications; If it does not involve national economy and people's livelihood, public safety, or the safety of people's lives and property, and where laws, regulations, and State Council decisions do not explicitly require prior approval, actively attempt to identify new industries.
4. Support local high-quality enterprises to go public. Adhering to the principles of seeking truth from facts and respecting history, support high-quality enterprises in clarifying property rights relationships, assist enterprises in improving registration defects caused by historical reasons, actively coordinate with relevant departments to resolve various issues encountered during enterprise operations, and promote compliance with listing regulations. For non-listed joint-stock companies amending their articles of association due to changes in non-promoters, they are allowed to file and register. For joint-stock companies planning to go public, registration is handled immediately upon arrival.
5. Support major projects and enterprise headquarters to settle in Shenzhen. For major projects introduced by relevant municipal government departments, the enterprise registration department should intervene in advance, assign dedicated personnel to provide full-process tracking services, guide enterprises in preparing for business registration, and provide personalized, high-quality, and efficient services for enterprise registration. For industries with long preparation periods that do not involve life and property safety, a preparatory business license may be issued. Except where explicitly provided by laws and regulations, business scope, name, and other registration items may be flexibly determined according to enterprise applications.
6. Encourage enterprises to implement group operations. Further relax the registration requirements for enterprise groups. If the parent company has a registered capital of 15 million RMB or more, owns three or more subsidiaries, and the total registered capital of the parent and subsidiary companies reaches 30 million RMB, the establishment of an enterprise group is permitted. Subsidiaries may include the name of the enterprise group or an abbreviation in their name.
7. Encourage diversified operations using foreign investment and optimize the structure of foreign investment. Actively support the development of foreign-invested partnership enterprises; Relax restrictions on foreign investment enterprises, allowing eligible Chinese citizens to invest in joint ventures or cooperative high-tech enterprises with overseas natural persons or enterprises as natural persons; Foreign (regional) investors are allowed to merge with domestic enterprises whose shareholders are Chinese citizens.
8. Improve the registration of for-profit medical institutions. To support the reform of medical institutions in our city and support the healthy development of private medical institutions, those who independently apply for for-profit medical institutions are allowed to register for business registration.
9. Use modern technological means to promote economic structural adjustment. Actively coordinate relevant departments, fully utilize modern technological means to achieve information interconnection, and rely on the Shenzhen Government Information Resource Sharing Electronic Supervision System to establish an information sharing platform.
10. Pilot the registration method where the legal person's address and business premises are separated. Actively explore the pilot system for separating corporate legal persons' residences from business premises in industries such as trade, consulting, planning, e-commerce, design, and technology development. Enterprise registration only requires the applicant to provide proof of ownership of the address, without reviewing the legal use or function of the premises. This address serves as the place where legal documents are served and the judicial and administrative jurisdiction is determined. Once conditions mature, all industries will fully promote and implement them.
11. Relax the registration requirements for enterprise domicile or business premises. For houses where valid property proof documents cannot be provided at the moment, district governments (new district management committees), subdistrict offices, neighborhood committees, community workstations, park management committees (industrial parks, science parks), market management units, property management companies, and other institutions, departments, and units may issue premises usage certificates agreeing to conduct business activities at the premises. Operators may use these premises usage certificates to directly process business registration. This certificate is only used as proof of the place for registration and is not the basis for compensation for house demolition. If such premises involve government lawful requisition or demolition, operators should proactively change their address or cancel registration; otherwise, they will be treated as having no business premises according to law.
12. Pilot registration of one address as the residence of multiple companies. In industries such as equity investment, e-commerce secretarial services, fund management, and enterprises recognized by the municipal science and technology department as "technology business incubators," a pilot program allows one address to register as the residence of multiple companies. Once conditions mature, it will be fully promoted and implemented across all industries.
13. Enterprises are allowed to independently choose whether to apply for branch business licenses. If an enterprise adds a fixed place outside its registered address to conduct business activities, it may choose to set up a separate branch or directly register the newly established business premises on the business license of the affiliated legal entity, without the need to apply for a separate branch office license. However, if an enterprise engages in business projects with prior permits at the fixed premises of newly established branches, the premises must meet the corresponding conditions stipulated by laws, administrative regulations, and State Council decisions, and the business premises shall complete branch establishment registration.
14. Pilot the subscribed capital system for limited liability companies. In our city's e-commerce, internet-related companies, and the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone, a registered capital subscription system is piloted. This means the company clearly records in its articles of association the amount of capital subscribed by each shareholder, the form or method of contribution, and the legal responsibilities to be borne by each shareholder, without the need to submit a capital verification report. Fully implement the system of shareholders making capital contributions through negotiated valuation of non-monetary assets. For shareholders who contribute in kind, intellectual property, land use rights, and other property rights, all shareholders shall negotiate the valuation, submit a signed confirmation letter of valuation by all shareholders, and issue a commitment to bear joint and several liability for the company's debts. In addition, if the Shenzhen Government Information Resource Sharing Electronic Supervision System can verify the company's registered capital contribution and confirm the status of registered capital, the capital verification report may no longer be required. Once conditions mature, all industries will fully promote and implement them.
15. Support investors in establishing enterprises by contributing their non-patented technologies. Implement capital contribution registration for non-patented technology, supporting investors to invest in limited liability companies and joint-stock companies by using their undisclosed, practically valuable non-patented technologies owned by the owner under appropriate confidentiality measures, including technical knowledge, experience, information, technical solutions, and know-how.
16. Pilot enterprise debt capital contribution registration. Formulate a registration method for enterprise debt contributions, further broadening the methods for enterprises to contribute registered capital. Investors convert their claims against the company or third parties into capital contributions to the company, allowing them to register and register their debts.
17. Enterprises are allowed to extend the period of registered capital contribution. If an enterprise operates lawfully and encounters special circumstances such as force majeure or government policy adjustments that cause difficulties in capital contribution, it may extend the capital contribution period upon application by all shareholders and make corresponding written commitments, but the extension period shall not exceed 2 years.
18. Support university graduates and laid-off and unemployed persons in starting businesses, piloting "zero down payment" for registered capital. University graduates within two years of graduation and laid-off and unemployed persons with Shenzhen household registration applying to establish a limited liability company with a registered capital of less than 100,000 yuan (excluding single-person limited liability companies) may be exempted from paying the first installment of registered capital upon joint written commitment by investors. At the time of establishment registration, the capital verification report may be exempted, but the registered capital must be fully paid within the time limit specified by the Company Law.
19. Relax the registration requirements for enterprises not using industry categories in their names. If the registered capital is 50 million RMB or more, and the nature of the enterprise's economic activities falls within three or more major categories of the national economy, and the name of the enterprise differs from the name of the enterprise approved or registered in our city, it is permitted not to use the national economic industry category terms to describe the industry or business characteristics of the enterprise.
20. The prominent use of enterprise trade names is permitted. For enterprises invested by corporate shareholders, the company name may be prominently used, placing the name before the administrative division.
21. Business licenses are allowed to record the abbreviation of the enterprise name. To enhance the company's reputation and highlight its trade name, companies may choose to record both the name and abbreviation on their business license.
22. Expand the scope of use for enterprise names bearing the word "Shenzhen." Sole proprietorships and partnerships are allowed to use "Shenzhen" as the administrative division in their names, and these enterprises are permitted to voluntarily choose whether to use the administrative division of their jurisdiction.
23. Implement centralized enterprise name registration and promote electronic name certificates. Implement citywide online enterprise name application and centralized approval; Use the Shenzhen Government Information Resource Sharing Electronic Supervision System or the Market Supervision Bureau's external network to verify enterprise name registration information, achieve inter-departmental sharing of enterprise name registration information, and promote electronic name certificates; All pre-approval fees for company names are suspended.
24. Guide individual businesses with a certain scale to "upgrade and transform" and develop towards enterprise-oriented operations. Private enterprises and individual industrial and commercial households are encouraged to participate in the restructuring and restructuring of state-owned collective enterprises through mergers, acquisitions, shareholding, and equity participation. Sole proprietorships, partnerships, and individual industrial and commercial households applying for restructuring to establish a company to expand their business scale are allowed to retain their original trade name. Individual businesses are allowed to change operators as needed. If the business premises remain unchanged and the relevant pre-approval documents are still valid, there is no need to submit pre-approval documents related to the premises when handling operator change registration.
25. Support the upgrading and transformation of various commodity markets (including farmers' markets and specialized markets). For stalls (including independent stores) operating in legally registered various commodity markets, operators are allowed to choose independently whether to apply for a separate business license. If the business items operated by operators in the market are subject to approval according to laws, administrative regulations, or decisions of the State Council, business activities may only be carried out after obtaining approval. Operating activities within the commodity market shall be uniformly managed by the market organizer, and the market operator shall bear relevant responsibilities according to law.
26. Temporary road occupation operators operating with permits issued by relevant departments shall be included in the scope of comprehensive urban law enforcement management and do not require a business license. For those already issued business licenses, extensions or renewals will not be processed after the license expires.
27. Cancel the validity period of the business license. The registration authority shall no longer approve the validity period of the business license when handling registration. For licenses issued under the Qingwu guidance policy that have expired but other registration items remain unchanged, renewal registration can be handled directly. The applicant simply signs the renewal application form, without submitting other documents, and is exempt from fees.
28. Support the standardized development of the catering service industry. Small catering business units are exempt from submitting the sanitary evaluation report for the completion acceptance of construction projects when applying for catering service permits. Under the condition of meeting basic functions and ensuring food safety, specialty snack shops and beverage shops selling herbal tea, sweet soup, and similar beverage shops may not have kitchen areas larger than 8 square meters. Small restaurants may set up two or more fixed dedicated food ingredient washing tanks, and one or more fixed dedicated tableware washing tanks; Specialty snack shops may set up one or more fixed dedicated food ingredient washing tanks, and one or more fixed dedicated dining utensils cleaning tanks. If it is not possible to set up a fixed dedicated dining utensils for cleaning sinks, disposable or centralized disinfection of tableware that meets food safety requirements can be used. Small Chinese fast food restaurants can set up pantries or sealed food vending cabinets with sliding windows and heating or refrigeration functions. These opinions are interpreted by the Municipal Market Supervision Administration.
Get a quote plan
Just state your usage scenario and we can provide you with a quote! Thank you for your cooperation!
