Shenzhen Business Registration Bureau Promotes Two Convenient Registration Measures

The Shenzhen Business Registration Bureau will launch two new registration measures. These two reform measures are as follows: first, the simple cancellation of individual businesses and the two is that the registration of equity changes will no longer take notarial certificates as necessary materials. The two reforms will begin in March 1st in our city. In the field of "withdrawal" of commercial subjects, the simple cancellation of individual industrial and commercial households is launched on the basis of simple cancellation experiments.

1, the market access threshold has been decreasing, but Cancellation The formalities still seem rather tedious relative to the establishment of the procedure. In July 1, 2015, the first enterprise launched a simple cancellation reform in the whole country. Over the past year, the reform has progressed smoothly, and more than 8500 enterprises have been declared, and about 7000 enterprises have been successfully cancelled. At present, this reform has been replicated and promoted throughout the country.

2, on the basis of breakthroughs in the reform of the exit mechanism, this year, we put the goal of reform on individual businesses. Taking into account the characteristics of the non juridical nature and the unlimited liability of individual industrial and commercial households, the creditor's rights and liabilities of individual industrial and commercial households will continue to be borne by investors after the simple cancellation, which will not affect the realization of the legitimate rights of creditors. The registration process and materials received are simplified to the maximum extent, without the need to submit certificates such as seals, taxes, etc., and there is no need to publish notices.

3, the simple cancellation of individual businesses can be done in two ways. One is to apply through the window, and the two is to apply for registration through the whole process of online registration. At the scene, the application form should be submitted to the operator, the application form for the cancellation of registration of individual industrial and commercial households, the photocopy of the identity card of the person in charge and the positive and duplicate copies of the business license. Through the whole process of online registration. The applicant submitted the application for cancellation of the registration of the individual industrial and commercial bank through the Internet with the personal computer screen. The registration process was cancelled and the whole process was processed online without the arrival window. Where the materials are in full compliance with the statutory form, the registration authorities shall finish the work within the statutory time limit; the materials submitted are not complete or are not in conformity with the statutory form, and inform the applicant once and for all 3 days of the contents of the amendment.

In addition, Registration of stock changes Notarization is no longer necessary. Previously, according to the regulations of the Shenzhen Special Economic Zone notarization Ordinance, the spanfer of shares and other legal acts should be notarized. According to the relevant regulations of the municipal government, the enterprises in our city may choose one of the notaries of equity spanfer or one of the certificates as the materials submitted when handling the registration of equity changes. At the end of 2016, I cancelled the application of the certificate as the material for the registration of equity changes, and only kept the notarial certificate. Since notarization and testimonial fees are relatively high, enterprises reflect higher cost and heavier burden.

　　為切實(shí)減輕企業(yè)的負(fù)擔(dān)同時(shí)盡量避免交易風(fēng)險(xiǎn)，我局與司法局、公證處多次協(xié)商，現(xiàn)推出以下舉措：一是助推立法修法工作，與相關(guān)部門一道共同研究制定完善企業(yè)股權(quán)轉(zhuǎn)讓公證手續(xù);二是優(yōu)化登記辦理的流程，不再將公證書作為股權(quán)變更登記的必要前置材料要件，修改辦理變更登記的材料清單： 1、沒有辦理股權(quán)轉(zhuǎn)讓公證的，除了提供必要的表格、章程和股東會決議、股權(quán)轉(zhuǎn)讓協(xié)議、新股東的主體資格證明(自然人驗(yàn)證原件)外，在全體股東沒有一致簽字同意情況下，還需提交股東就其股權(quán)轉(zhuǎn)讓事項(xiàng)征求其他股東同意的書面通知(即"股權(quán)轉(zhuǎn)讓事項(xiàng)書面通知")以及公司出具的確認(rèn)其他股東已接到該通知的承諾書;2、自愿辦理了股權(quán)轉(zhuǎn)讓公證的，提供綠色通道，實(shí)現(xiàn)“三免”，一是免于核驗(yàn)新 Shareholder (natural person) identity certificate original; two, without the submission of the shareholders' meeting resolution of all shareholders, it is exempt from submitting "written notice of spanfer of shares"; three, the company is exempt from submitting "proof of consent to spanfer" by the company without any submission of shareholder's signature.

The next step is to further optimize the handling process and promote the full implementation of shareholders' online handling through electronic signature, so that equity spanfer can be done at one point, from "face to face" to "key to key".

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