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Pudong New Area
Typical Cases of Reform and Innovation [9]
The reform of the commercial system is the first move and breakthrough in deepening the reform of "streamlining administration, delegating powers, and improving services". The reporter learned from the district market supervision bureau that currently, Pudong New Area has completed more than 45000 registrations for the establishment of various business entities and about 94000 registrations for changes through the confirmation system, fully unleashing the vitality of business entities and injecting new momentum into economic and social development.
In recent years, Pudong New Area has been deeply promoting the reform of the business registration confirmation system, focusing on relaxing market access, simplifying registration processes, strengthening in-process and post event supervision, continuously improving market access convenience, and creating an international first-class business environment. At the same time, the first local legislation in China to implement a registration confirmation system, the "Several Provisions on the Registration Confirmation System for Business Entities in Pudong New Area, Shanghai" (hereinafter referred to as the "Several Provisions"), has been implemented, leading and ensuring that Pudong's commercial system innovation is at the forefront.
Relaxing market access
Strike a combination punch of innovative registration system
The confirmation system maximizes the return of operational autonomy to the operating entities and the market, significantly reducing the institutional transaction costs of market access.
The "Several Provisions" not only explicitly implement the registration and declaration commitment system, but also require applicants to handle name registration through independent declaration and prior commitment, significantly improving the success rate of name declaration; Simplify the registration requirements for business scope and clarify that business entities only need to apply for registration of their main projects, licensed projects, and projects involving special management measures for foreign investment access. This means that the operating entity can directly engage in non core general business projects without changing its business scope, providing more convenience for it to find new development tracks and spaces.
In order to further expand the coverage of "one license, multiple addresses", break through the spatial bottleneck of business entities' development in Pudong, and truly achieve "one application, one license, and multi-point operation", the "Several Provisions" have solidified the "one license, multiple addresses" filing reform pilot in the 2017 Free Trade Zone, opened up the filing channels of the three registration authorities in Pudong New Area, Free Trade Pilot Zone, and Lingang New Area, and promoted the linkage and innovative development of reform and opening up between Pudong Leading Zone and Lingang New Area.
The relevant person in charge of Pudong Market Supervision Bureau introduced, "For example, if a company's registered address is located in Lingang and its business location is in Zhangjiang, it only needs to register its actual business address with the registration authority in Lingang, without setting up a branch in Zhangjiang. Of course, setting up a branch is still one of the company's choices
Simplify the registration process
Play the main tone of convenient and efficient service
In the past, when the operating entity revised the company's articles of association or made changes to its internal executives, it was required to apply for registration with the registration authority. After the implementation of the "Several Provisions", a series of high-frequency filing matters such as "directors, supervisors, senior management personnel, registration liaison officers of operating entities, and recipients of legal documents of foreign-invested enterprises" will be adjusted to "independent public disclosure of operating entities". At present, business entities can fill in adjustment information on the "One Stop online Service" platform within 20 working days from the date of relevant changes, without the need to apply for registration with the registration authority. Many business leaders lamented that "the entire process of online registration and independent online publicity has effectively reduced the number of employees and significantly improved the sense of gain for the enterprise.
The "Several Provisions" stipulate that transfer agreements will no longer be collected during the shareholder registration confirmation process. Except for the registration of the legal representative, various enterprise autonomy process materials such as shareholder meeting resolutions and board resolutions will no longer be collected, and will be retained by the operating entity for future reference. The relevant person in charge of Pudong Market Supervision Bureau introduced that "in the past, when a company needed to change its equity, it needed to submit 5 application materials, but now it has been reduced to 3. We hope to reduce the government's administrative intervention in the independent operation of the operating entity, return the power to the enterprise, and respect the principle of autonomy of the operating entity
Strengthen in-process and post event supervision
Persist in promoting 'release' through 'management'
only by being able to manage can we let go, and only then can the business entity develop better. The "Several Provisions" establish a credit classification and supervision system based on the specific situation of "release", with "custody mechanism as the starting point, information disclosure as the means, and credit supervision as the core".
The independent disclosure and simplification of materials do not mean that the operating entity can change without going through legal procedures, "said the relevant person in charge of the Pudong Market Supervision Bureau. The" Several Provisions "set corresponding punishment measures for the operating entity's failure to independently disclose and retain documents as required, and for the custodian service agency's failure to fulfill relevant obligations, urging the operating entity to improve internal autonomy, strengthen subject responsibility, and carry out business management in accordance with the law.
The launch of the registration confirmation system in Pudong is a concrete measure taken by the market supervision department to continuously transform the government's management concept and thinking, and to continuously promote the reform of the commercial system. It is also a big step on the road of commercial system reform and a powerful measure for Pudong to benchmark international rules and focus on promoting institutional opening up.
Next, under the guidance and support of the Municipal Market Supervision Bureau, the Pudong Market Supervision Bureau will pay attention to the difficulties, pain points, and bottlenecks of business entities, leverage the effectiveness of legislative "experimental fields", continue to deepen and promote reform measures, enhance service levels, further empower business entities with decentralization, better lead the development and growth of business entities, and give them a greater sense of achievement.
