(adopted at the eighteenth meeting of the Standing Committee of the Shenzhen Municipal People's Congress on October 30, 2012), adopted at the fifth meeting of the Standing Committee of the people's Republic of China
Article 1 in order to perfect the commercial registration system, perfect the market supervision system, promote economic development, according to the basic principles of laws and administrative regulations, combined with the Shenzhen Special Economic Zone (hereinafter referred to as the special zone), these Provisions are formulated.
Article second these Provisions shall apply to the commercial registration and supervision and administration activities within the special zone, and shall not be enforced in accordance with the relevant laws and regulations.
Article third the term of commercial registration, the applicant refers to the commercial registration authority to apply for, the commercial registration authority will be set up, the main commercial change or cancellation of registration items in commercial registration book to the public behavior.
The term "commercial subject" as mentioned in these Provisions refers to the natural persons, legal persons and other economic organizations that have been registered in accordance with the law and are engaged in business activities for the purpose of profit.
Article fourth the Shenzhen Municipal People's Government (hereinafter referred to as the municipal government) should improve the integrity of the main business system, strengthen credit constraints, and promote the autonomy of commercial subject autonomy.
Fifth municipal government market supervision and management department is a commercial registration authority, in accordance with the provisions of the commercial registration and commercial registration matters.
The sixth commercial registration authority shall set up the commercial register as the legal carrier, record the registration matters of the commercial subject and record matters for the public to consult and copy.
Seventh commercial subject registration includes:
(a) name;
(two) domicile or place of business;
(three) type;
(four) person in charge;
(five) total investment;
(six) operating period;
(seven) the name and the name of the investor and the amount of investment.
The commercial registration organ shall, in accordance with the provisions of the preceding paragraph, specify the specific contents of the registration items of the commercial subject in accordance with the types of the commercial entities.
Eighth commercial subject matters include:
(a) articles of association or agreement;
(two) business scope;
(three) names of directors, supervisors and senior management;
(four) members and heads of the liquidation group;
(five) the main commercial registration District subsidiaries or branches.
Article ninth the establishment of commercial subject, the commercial registration authority shall submit the following materials:
(a) application for establishment registration;
(two) articles of association or agreement;
(three) name pre-approval notice;
(four) the information materials of the residence or business place;
(five) proof of qualification of investors;
(six) the working documents and identity certificates of the responsible persons and senior management personnel;
(seven) other materials as prescribed by the commercial registration authority.
The establishment of banks, securities companies, insurance companies, foreign invested enterprises, accounting firms and other commercial subjects, laws and administrative regulations shall be approved by the relevant department, are required to submit the relevant approval documents.
The applicant shall be responsible for the authenticity of the materials submitted.
The tenth commercial registration authority shall, in accordance with the law, formulate the catalogue of materials for the establishment, alteration and cancellation of registration of commercial entities, and publish them to the public.
Eleventh commercial registration authority for the applicant to submit materials in the form of review.
Where the application materials are incomplete or do not conform to the statutory form, the commercial registration authority shall, within one working day from the date of receipt of the materials, inform the applicant of the materials to be supplemented and corrected, and specify the requirements.
Where the application materials are complete and conform to the statutory form, the commercial registration authority shall accept the application and shall register and issue a business license within three working days from the date of acceptance.
If the commercial registration authority fails to complete the registration within three working days, it may extend the working hours by three days after the approval of the person in charge of the commercial registration authority.
Commercial registration agencies shall not charge fees for commercial registration.
Twelfth commercial subject to obtain a business license, according to the law to carry out business activities. The business scope of the commercial subject shall be subject to the approval of the laws and regulations, and the relevant business activities shall be carried out before obtaining the approval documents.
Article thirteenth in the case of a commercial entity, the applicant shall report the information of the residence or the place of business.
The applicant shall be responsible for the legality and authenticity of the residence or business premises.
The fourteenth main commercial premises belonging to the provisions of laws and regulations shall be approved by the planning, environmental protection, fire protection, culture, health and other relevant departments, obtain approval documents before carrying out related business activities.
The business scope of the fifteenth commercial subjects shall be determined by the articles of association, the agreement and the application.
The commercial registration organ shall, in light of the classification standards of the national economic industry, formulate the catalogue of the scope of business, and provide guidelines for applicants.
Sixteenth limited liability company registered capital subscribed registration system.
When the applicant applies for the registration of a limited liability company, the registration authority shall register the total registered capital subscribed by all the shareholders, and do not need to register the paid in capital.
Seventeenth shareholders of a limited liability company shall make an agreement on the amount of capital contribution, the time of investment, the mode of investment and the proportion of non monetary contribution, and shall record in the articles of association.
Where a shareholder makes capital contributions, a limited liability company shall issue a capital contribution certificate to its shareholders. The capital contribution certificate shall be signed by all the shareholders, and the signature shall be indicated