The first closure system was established to reduce the maintenance cost of market entities
The regulations on the administration of registration of market entities and the detailed implementation rules will be implemented simultaneously
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For a long time, a large number of enterprises have put on hold the relevant procedures due to the complicated cancellation procedures.
After long-term accumulation, it will not only occupy public resources such as company names, but also generate a large number of abnormal enterprises, affecting the macro-decision of government departments.
Therefore, making it easier for enterprises to "retire" has become a key task at this stage to further deepen the reform of "delegating power, delegating power, regulating services" and optimizing the business environment.
□ Our reporter Wan Jing
On March 1, the "Regulations of the People's Republic of China on the Administration of Registration of Market Entities" (hereinafter referred to as the "Regulations") came into effect.
This is the first administrative regulation formulated and promulgated by my country to uniformly regulate the registration and management of various market entities. Innovation and maintenance of market order provide a solid legal guarantee.
On the same day, the "Implementation Rules for the Regulations of the People's Republic of China on the Administration of Registration of Market Entities" (hereinafter referred to as the "Implementation Rules") formulated by the State Administration for Market Regulation was also officially implemented, aiming to further refine the relevant provisions of the "Regulations" and make them more powerful. Operability and enforceability.
The "Regulations" further promote the facilitation of the registration of market players, compress the registration process, streamline application materials, and optimize the registration process of market players.
In response to the "difficulty in cancellation" and false registration of market entities that have been highly concerned by the society in recent years, the "Regulations" and the "Implementation Rules" have proposed many innovative measures.
Business exit is easier
A smooth exit mechanism is an important part of optimizing the business environment.
For a long time, a large number of enterprises have put on hold the relevant procedures due to the complicated cancellation procedures.
After long-term accumulation, it will not only occupy public resources such as company names, but also generate a large number of abnormal enterprises, affecting the macro-decision of government departments.
Therefore, making it easier for enterprises to "retire" has become a key task at this stage to further deepen the reform of "delegating power, delegating power, regulating services" and optimizing the business environment.
In order to promote the resolution of "cancellation difficulties", the "Regulations" clearly stipulate that market entities have not incurred creditor's rights and debts or have paid off creditor's rights and debts, and have not incurred or paid off repayment expenses, employee wages, social insurance fees, statutory compensation, and payables. If all the investors make a written commitment to bear legal responsibility for the authenticity of the above-mentioned circumstances, the registration may be cancelled in accordance with the simplified procedure.
Market entities shall publicize the letter of commitment and the application for cancellation of registration through the national enterprise credit information publicity system, and the publicity period is 20 days.
If there is no objection raised by relevant departments, creditors and other interested parties within the publicity period, market players may apply to the registration authority for cancellation of registration within 20 days from the expiration of the publicity period.
If the individual industrial and commercial households go through the deregistration in accordance with the simplified procedures, no publicity is required, and the registration authority will push the application for deregistration of the individual industrial and commercial households to the taxation and other relevant departments.
In terms of registration items, the "Implementation Rules" comprehensively enumerates registration items for different types of subjects, and makes clear requirements for the specific content of major registration items such as name, domicile, and legal representative; further optimize the registration procedure, cancel the acceptance link, increase Real-name verification, electronic signature, etc.
Professor Wang Xinxin of Renmin University of China pointed out that simple deregistration is one of the contents of enterprise deregistration facilitation.
Shortening the announcement time for simplified enterprise deregistration by more than half is the biggest highlight of this pilot reform of enterprise deregistration facilitation.
In order to solve the problem of "difficulty in deregistration" reported by enterprises and further promote the facilitation of deregistration of enterprises, the State Administration for Market Regulation has done a lot of work in recent years, working with the Ministry of Human Resources and Social Security, the Ministry of Commerce, the General Administration of Customs, and the State Administration of Taxation to facilitate the deregistration of enterprises. Focusing on the "difficulties", "pain points" and "blocking points" in corporate deregistration, implementing "one-stop" services, optimizing the ordinary deregistration system, improving the simple deregistration system, etc., greatly enhancing the transparency and predictability of corporate affairs, promoting Enterprise "metabolism".
Business difficulties may be closed
Since the outbreak of the novel coronavirus pneumonia, some market players have been temporarily unable to carry out business activities due to the impact of the epidemic, but they still have strong business willingness and ability.
In order to reduce the maintenance cost of market entities and protect the legitimate rights and interests of market entities, the "Regulations" draws on relevant foreign systems and combines some local pilot experiences to establish a system for market entities to go out of business. In the event of business difficulties due to other reasons, market entities may decide to close their business within a certain period of time.
For market entities that go out of business, the "Regulations" specify that market entities should go to the registration authority for recordation before going out of business. The main body should publicize to the society through the publicity system, and strengthen social supervision and credit supervision of defunct enterprises through publicity.
The cumulative period of closure shall not exceed 3 years.
On the basis of the Regulations, the Detailed Implementation Rules specify that market entities that have closed their business should publish their annual reports on time, and require market entities to independently decide to carry out or have actually carried out business activities after filing for the closure of business. Announcement on the credit information publicity system to terminate the closure.
In order to ensure that market entities perform their publicity obligations and form a closed loop of the system, the Detailed Implementation Rules stipulate that those who fail to publicize the termination of business as required shall be ordered by the registration authority to make corrections; those who refuse to make corrections shall be fined not more than 30,000 yuan.
The "Implementation Rules" further reminds that when a market entity resumes business, if the registration and filing matters change, the change registration or filing shall be handled in a timely manner.
If the address for the service of legal documents is used instead of the domicile (main business place, business place), the change registration of the domicile (main business place, business place) shall be completed in a timely manner.
Liu Junhai, a professor at the Law School of Renmin University of China, pointed out that market competition is full of uncertainties, and failure of competition and mistakes in judgment may lead to difficulties in business operations.
In this case, companies can either grit their teeth or go bankrupt and liquidate, and they can only choose one of the two.
However, the market economy is complex and changeable, and there are indeed "force majeure" factors, such as natural disasters and public health events, among the factors that cause difficulties for enterprises.
Such factors are not subjectively caused by the enterprise, which leads to bankruptcy and liquidation, which is indeed a pity.
Therefore, the "Regulations" first introduced the "third form" of closing business - the "standby" mechanism, which neither liquidates nor operates, which is an important institutional innovation.
The shutdown system can provide a guarantee mechanism for enterprises to avoid force majeure, and can also continue to retain the company name, trademark, patent, etc., maintain a good credit record, and save a lot of costs.
Penalties for false registration
With the deepening of the reform of the commercial system in recent years, the "threshold" restrictions on registration have become more and more relaxed. However, with the rapid development of market entities, the false registration of market entities, especially false registration, is not uncommon.
False registration not only damages the credibility of state taxation and state organs, but also seriously infringes upon the legitimate rights and interests of individuals, especially the normal order of market transactions.
In response to the huge negative social impact caused by false registration and false registration, the "Regulations" effectively responded to the concerns and expectations of the public, increased administrative penalties, and made it clear that those who provide false materials or use fraudulent means to obtain market entity registration shall be registered by the public. The authorities ordered corrections, confiscated illegal gains, imposed a fine of 50,000 yuan to 1 million yuan, and revoked the business license, which enhanced the pertinence and effectiveness of the punishment.
At the same time, the "Regulations" stipulate that natural persons, legal persons and other organizations affected by false registration may apply to the registration authority for cancellation of the registration of market entities.
It is stipulated that after the registration authority accepts the application, it shall conduct an investigation in a timely manner, and if the investigation finds that there is a false registration, the registration of the market entity shall be revoked.
The "Implementation Rules" further improved the system of revoking false registrations.
For the first time, the contents of deregistration and file management were written into the regulations of the State Administration for Market Regulation.
Regarding the registration of false market entities, the "Implementation Rules" stipulates that the registration authority may conduct investigations upon application or ex officio.
Regarding the registration management files, the "Implementation Rules" clarifies that the files include electronic files and traditional carrier files. The two types of files have the same effect. The registration authority is responsible for establishing files and providing file query services. To apply for file query, relevant documents should be submitted, and it is stipulated that File transfer procedures, etc.
Xu Xinjian, director of the Law and Regulations Department of the State Administration for Market Regulation, said that the promulgation of the "Regulations" not only relaxes the access conditions for market entities, but also pays attention to strengthening interim and ex post supervision.
For activities that violate the registration management order, such as engaging in business activities without registration, providing false materials or using other fraudulent means to conceal important facts to obtain market entity registration, and failing to handle changes in registration or filing in accordance with the law, a relatively large amount of fines has been set, which has increased the amount of fines imposed. Deterrence of illegal behavior.
Liu Quanhong, director of the Institute of Foreign Economics of the China Academy of Macroeconomics, believes that deepening reform and innovation is the driving force behind optimizing the business environment.
Whether the access and exit mechanism of market entities is smooth is also an important aspect to measure the pros and cons of the business environment. Establishing a convenient, efficient and orderly exit system for market entities and reducing the cost of exiting market entities is a question of innovative market supervision. righteousness in it.
To stimulate the vitality of market entities is to create a good environment to be created, to formulate the rules to be formulated, to focus on improving the ability and level of government services, so that enterprises and entrepreneurs have room to fully grow and display their talents, and maximize the development of market entities. endogenous power and creativity, stabilize market expectations and confidence, and focus on consolidating the micro-foundation of economic growth.