Shenzhen market supervision and administration

 

On November 25, 2013

 

Shenzhen market supervision and administration of business subject registration regulation interim measures

 

The first chapter the general

 

Article 1 in order to create a good business environment, maintaining the legitimate rights and interests of commercial subject, promote the healthy and orderly development of commercial subject, innovation registration regulation way, increase the efficiency of the registration regulation, according to the provisions commercial registration of shenzhen special economic zone (hereinafter referred to as "provisions") and other relevant laws, regulations and relevant provisions, combined with the actual, these measures are formulated.

 

Article 2 the term "commercial subject registration regulation, refers to the market supervision department in accordance with the law of commercial subject in violation of the provisions" and other registration administration laws and regulations in the behavior of the implementation of supervision and inspection, processing and other management activities.

 

Article 3 according to certain rules set up by the business subject, and the several provisions on the set up according to the relevant laws and regulations before the implementation of business subject to the registration regulation shall apply to the certain rules, certain rules and other relevant provisions of the registration administration laws and regulations inconsistent, in the shenzhen special economic zone within the scope of the several provisions shall apply.

 

"Several provisions, before carrying out the supervision department of the market business subject violation of the registration administration laws and regulations, not yet make a decision on administrative punishment, certain rules and shall apply the relevant provisions of the measures to deal with; Already make a decision on administrative penalty, the certain rules and the present measures shall not apply.

 

Article 4 to conduct business subject to register supervisory work should advocate combination of regulation and self-discipline, autonomy, combined with work, fully utilizing information bulletin, information sharing and credit constraints to promote business subject autonomy self-discipline, strengthen social supervision and coordinated regulatory department.

 

Article 5 the registration in accordance with the established business subject, the legal management behavior are protected by law.

 

Market supervision departments in accordance with the measures and the relevant laws and regulations to carry out registration regulation. In addition to the following conditions, any regulatory personnel shall not, without the business subject to supervise and inspect the registered items:

 

(a) the superior deployment and the arrangement of the special projects;

 

(2) report complaints;

 

(3) according to the business subject to register and license for examination and approval of the credit information of the public platform (hereinafter referred to as the information platform) of the public information, supervision and inspection of the need for business subject;

 

(4), as required by other regulatory information, for the supervision and inspection of the business subject.

 

Branch, regulation should according to the preceding paragraph and the area actual situation, formulate business subject registration supervisory work plan, and organize their implementation.

 

Article 6 the business subject in any of the following violations, according to the type of business subject, respectively, according to the relevant registration administration laws and regulations shall be investigated:

 

(a) a licence;

 

(2) the registered capital paid in falsely registered capital system of commercial subject, the promoter, shareholders a false capital contribution, smoke escape capital contribution;

 

(3) the business subject business term not cancelled or delayed registration in accordance with the provisions;

 

(4), head of the business subject change does not make alteration registration in accordance with the provisions;

 

(5) business subject to submit false registration documents or take other frauds concealing important facts to obtain commercial registration.

 

Article 7 the business subject, one of the following violations of the law on the basis of the several provisions on the article 31 and article 33 of the regulations on business exception list processing, included in the credit supervision system:

 

(a) business subject change of domicile or business site does not make alteration registration in accordance with the provisions;

 

(2) the business subject not submit the annual report;

 

(3) the business subject in violation of the provisions of name registration and management.

 

Article 8 commercial subject in any of the following violations, included in the credit supervision system:

 

(a) business subject registration items change, not for the record in accordance with the provisions;

 

(2) implement the registration system of commercial subject registered capital subscribed registered capital actually contributed situation do not tally with the paid-in capital for the record;

 

(3) the business subject to submit annual reports to hide the truth, fraud and deception.

 

Article 9 the market supervision departments at all levels in accordance with the duties permissions to carry out the business subject registration regulation:

 

City bureau shall be responsible for the business subject registration regulation of organization, coordination, guidance, and for each branch to carry out the supervision work of business subject registration inspection and examination;

 

Bureau is responsible for the jurisdiction within the scope of business subject registration regulation coordination, guidance and inspection of the work and the responsibility to organize the implementation of business subject registration;

 

Regulations (including the regulatory department, hereinafter the same) is responsible for the duty concrete implementation jurisdiction within the scope of business subject registration regulation.

 

The second chapter supervision system and regulatory information

 

Article 10 the market supervision and management departments at all levels can be through the business subject registration regulation system (hereinafter referred to as the regulation system) to generate, dispatch, tracking task registration regulation.

 

Article 11 branches shall designate personnel responsible for regular from information platform for fall within the scope of the jurisdiction of business subject related registration regulatory information, and dispatch jurisdictions by regulatory or other related department to deal with.

 

Article 12 the information platform of the public business subject registration regulation information and complaints to report, jurisdiction regulation or by the relevant departments should be within seven working days to check business subject. Emergency situation, should be checked immediately.

 

On-site inspection shall truthfully fill out the business subject to supervise and inspect the table of registered items. Business subject illegal behavior can be corrected on the spot, shall require the correction on the spot; Cannot be corrected on the spot, instruct its deadline to correct, and in a timely manner after the expiry of the time limit shall be ordered to correct for review.

 

Business subject has illegal ACTS in article 6 hereof, shall be filed for investigation in accordance with the law, according to the case processing.

 

Of illegal business subject with article 8 of these measures, shall conduct investigation to verify, and after approval by the bureau leadership, the investigation to verify the violation information recorded regulatory system and through the public information platform.

 

Regulators should be in accordance with article 13 hereof will the department responsible for timely and correctly handle the business subject the supervision and inspection and the result of the administrative punishment and other regulatory information entry regulation system.

 

The third chapter registration regulation

 

Article 14 for the following in a fixed place of business, engaged in unlicensed behavior by the commercial registration authority to investigate and punish them in accordance with:

 

(a) shall be obtained and has not obtained the business license, to engage in business activities in the name of the business subject;

 

(2) is in accordance with the law after revocation of business license or cancel the registration of establishment, continue to engage in business activities;

 

(3) after the cancellation of registration, and continue to engage in business activities;

 

(4) to borrow, rent or accepting other people engaged in business activities of business license;

 

(5) a fake license engaged in business activities;

 

(6) of the Hong Kong special administrative region, Macao special administrative region and Taiwan area and foreign enterprises, other organizations and individuals without commercial registration authority in accordance with the registration and obtain business licenses of engaged in business activities;

 

(7) of the Hong Kong special administrative region, Macao special administrative region and Taiwan area and foreign enterprises, other organizations resident representative office directly engaged in business activities.

 

(eight) knows or should know belongs to unlicensed behavior and to provide the sites of production and business operation, transportation, storage, warehousing and other conditions;

 

(9) in violation of the relevant provisions of the invoice, bank accounts, for unlicensed operators to prove.

 

Article 15 branch, regulation should be urged by unlicensed operators to handle business license, to refuse to issue a business licence, continue to engage in business activities, shall be investigated in accordance with the law.

 

Harm to human body health, there are serious security hidden danger, threaten public security, damage the environment resources of unlicensed, once discovered, shall be investigated in accordance with the law to ban immediately.

 

Article 16 for the daily supervision found and other functional departments through the information platform to inform and complain inform against unlicensed clues, jurisdiction regulation should conduct site inspection in 7 working days.

 

Regulators to conduct site inspection of unlicensed, should be delivered to the rectification notice, order them to immediately stop their business activities.

 

For they shall be ordered to correct the unlicensed operators, regulators should be in the process of reviewing found still engaged in unlicensed business operations, shall be investigated according to law.

 

Article 17 the regulators in the inspection found that does not belong to our bureau to investigate and punish the unlicensed business conduct within the scope of responsibility, should be found within 3 working days after entry without a licence clues to inform system, system via unlicensed operation leads to push to information platform, for the use of relevant departments of the query.

 

Article 18 the make and the business subject, the registered capital contributed shall fully pay the capital contribution in accordance with the law. In instalments of the registered capital, the supervision system in business subject investment after maturity date generated monthly 1 investment inspection tasks.

 

Business subject for inspection should be completed when the month after task generation:

 

(a) is to handle the registration of change of the registered capital, the inspectors shall be through the system to query if it to complete the registration of change of registered capital, the registered capital to complete the registration of change and has invested in place, the registration results into the regulatory system.

 

(2) not to handle formalities for registration of change of the registered capital, the inspectors should reach a prescribed period rectification order, in accordance with the law fails to correct, in accordance with the case file processing program.

 

Article 19 the practice the system of registered capital subscribed business subject, can apply for paid-in capital to the business registration authority for the record. City bureau according to the actual situation, formulate business subject's registered capital paid-in registration selectiving examination work plan, audit qualification of institutions entrusted to moderate in proportion sampling. Specific operation method separately.

 

Business subject with a registered capital of the actual payments, which are incompatible with their paid-in capital for the record to be public information platform.

 

Article 20 the business subject business one month prior to the expiry of the period, regulatory system to generate business term expires. City bureau through the information platform prompt business subject cancelled or delayed registration in time.

 

Article 21 a business subject business term did not deal with the cancellation or delay the registration of the regulatory system in the second month 1 to generate business term expired inspection tasks.

 

Jurisdiction regulation should be performed when the month after task generated by on-site inspection, found that continue to engage in business activities, dealt with in accordance with the law.

 

Article 22 the regulatory system in the new monthly generated on 1st January to set up the business subject (including the change of address) address check work tasks.

 

Article 23 city bureau should be conducted on a regular basis the city's new business subject (including the change of address) special contact letter, mail to confirm business subject can through the domicile or business site contact.

 

Article 24 city bureau is responsible for the city's new business subject to mail letters and submit it to the result data import regulation system.

 

Branch should be checked in three working days business subject to mail letter to the information, will not belong to the jurisdiction of the bureau of business subject list returned to the city bureau, the city bureau to adjust to the corresponding district branch.

 

Article 25 are unable to contact the business subject, the branch should be checked in 5 working days after the completion of work, to load the list of abnormal operation decision, after approval by the bureau leadership, through the information platform for announcement told that announcement period for 30 days.

 

Article 26 of the following circumstances, the substation, supervision should be within 3 working days by internal supervision system application to load the list of abnormal operation information of the input, run by office within 5 working days start loading exceptions list tell announcement procedures:

 

(a) found in the process of registration supervision business subject through the domicile or business site could not be reached;

 

(2) or notify relevant departments through information platform business subject through the domicile or business site could not be reached.

 

Article 27.

 

Found in the present measures business subject in the process of registration of supervision (1) of article 7 of the illegal situation, regulators should first instructs its deadline to correct, do not make the corrections within the time limit, the regulatory system application to load the list of abnormal operation information of the input, run by office within 5 working days start loading exceptions list tell announcement procedures.

 

Article 28 the business subject during the announcement period for its still registered residence or business places as objection, can through the information platform or to the jurisdiction area of the registered address of the proposed regulation dissent application.

 

Jurisdiction regulation shall, within 7 working days after acceptance by on-site inspection, confirmed are still registered residence or place of business, led by the examination and approval, shall not be loaded operation exception list.

 

Article 29 of the proposed loading operation exception list inform announcement period expires, the branch shall be in accordance with the law to load the list of abnormal operation decision, after approval by the bureau leadership, through the information platform of proclaiming the loading list of abnormal operation business subject related information.

 

Article 30 business subject with its still registered residence or business places petitioned for restoring recorded in the register of commercial affairs, and can through the information platform or to the jurisdiction area of the registered address of the proposed regulation.

 

Jurisdiction regulation shall, within 7 working days after acceptance by on-site inspection, confirmed are still registered residence or place of business, led by the examination and approval, recorded in the commercial register.

 

Article 31 the city bureau according to the arrangement of the superior deployment and special projects, supervision special inspection of the actual need to develop business subject registration regulation action plan.

 

Branch, the regulation according to the arrangement of the superior deployment and special projects, district actual formulate special inspection of the jurisdiction of the business subject registration regulation action plan, and organize their implementation.

 

Article 32 the city bureau organized business subject registration special inspection of the regulatory action, can be set by regulatory system, distributed special inspection tasks.

 

City bureau through the regulatory system in a timely manner to master special inspection tasks completed progress and each branch of the overall situation of completing the task.

 

The fourth chapter information bulletin and credit constraints

 

Article 33 the business subject registration regulation information to be public information platform of the following:

 

(a) the results of administrative penalty information;

 

(2) of the registered capital contributed for the record the results of information;

 

(3) operating exception list information;

 

(4) have personal responsibility for business subject to load operation exception list of investors, head, directors, supervisors and senior management personnel of information;

 

(5) business subject to submit annual report information;

 

(6) business subject does not make the record information in accordance with the provisions;

 

(7) other relevant information shall be in accordance with the public.

 

Article 34 the business subject to load operation exception list and not recorded in the register of commercial affairs, and the market supervision departments should be prompt and press the following way:

 

(a) business subject to apply for registration of change, and for the record, registration department should inform its recovery recorded in the commercial register. Business subject to restore the recorded in the commercial register, just can go through the relevant alteration registration for its registration department and for the record.

 

For through the registered residence or business places to contact and load the list of abnormal operation business subject, you can go through the formalities of address change.

 

(2) market regulators to handle the licensing examination and approval matters, should tell the business subject to deal with recovery, recorded in the commercial register business subject to restore the recorded in the commercial register, just can deal with relevant license for its application.

 

Article 35 business subject to load operation exception list and not recorded in the register of commercial affairs, and shall not enjoy the market regulators to support, encourage enterprises to develop the related preferential policies.

 

Business subject to load operation exception list and not recorded in the register of commercial affairs, and the need to deal with recovery after recorded in the commercial register, may apply to the market regulators for mayor quality prize, patent award, science and technology awards (standard award) and chi famous trademark, brand-name products and so on the title.

 

Article 36 the query by any organization and individual information platform business subject of regulatory information.

 

Administrative organs, aptitude, registered and approved a yearly check year careful, tendering and bidding, government procurement, management activities, such as model recommended by credit platform regulatory information query and use business subject.

 

The fifth chapter bylaws

 

Article 37 the shenzhen market supervision and administration shall be responsible for the interpretation of these procedures.

 

Article 38 hereof since December 1, 2013, as of the date of valid for five years.

 

The attachment

 

Supervision and inspection of the business subject registration table

 

No. :

 

 

 

 

 

The name of the

 

Registration number

 

 

Residence (premises)

 

type

 

 

The legal representative (head)

 

Contact phone number

 

 

Specify the contact

 

Contact phone number

 

 

Check the project

 

 

On-site inspection situation

Signature:

 

(date) (month) (year)

 

On behalf of the signature of the units inspected

 

 

Information input