The term "commercial registration" as mentioned in these Regulations refers to the act that the applicant applies to the registration authority for the establishment or cancellation of the qualification of commercial subject and changes related matters, and is registered and publicized by the registration authority according to law. Article 3 The commercial entities mentioned in these Regulations refer to enterprise legal persons, other economic organizations and natural persons registered by the registration authority according to law and engaged in profit-making business activities.
Commercial subjects include companies, unincorporated enterprises as legal persons, partnerships, sole proprietorships and their branches, farmers' professional cooperatives and their branches, and individual industrial and commercial households. Article 4 Commercial registration shall follow the principles of standardization, openness, transparency, convenience, efficiency, honesty and trustworthiness. Article 5 The market supervision and management department of the provincial people's government is the registration authority of commercial entities, and is responsible for the registration, supervision and management and services of commercial entities in the Pilot Free Trade Zone.
The market supervision and management departments of the people's governments of cities, counties (districts) and autonomous counties shall be responsible for the supervision, management and services of commercial entities within their respective jurisdictions, and shall no longer issue business licenses. Article 6 The Pilot Free Trade Zone shall implement the system of independent declaration and registration of commercial entities, and fully implement the whole process of electronic commercial registration.
Through the electronic registration platform of the registration authority, the applicant independently declares the name, domicile (business premises), business scope, information change, cancellation and other matters to the registration authority in the form of electronic documents, and the registration authority accepts, reviews, approves, issues photos and files them online.
The market supervision and management departments of cities, counties (districts) and autonomous counties shall provide registration consultation, guidance and help for commercial entities. Article 7 The Pilot Free Trade Zone shall implement an island-wide registrar system, and registrars shall independently exercise the duties of acceptance and examination and approval in commercial registration according to law, and bear corresponding legal responsibilities.
The registrar mentioned in the preceding paragraph refers to the staff of the market supervision and management department who are specifically responsible for commercial registration. Article 8 The registration authority shall examine the documents submitted by the applicant in form.
The formatted registration information provided by the applicant will be automatically reviewed by the registration platform; For the unformatted electronic documents declared by the applicant, the registration authority will randomly select registrants from the Pilot Free Trade Zone for review according to law. Article 9 The registration information and application materials submitted by the applicant shall be true and valid, and shall be responsible for their authenticity and legality. Article 10 The provincial people's government shall establish and improve the commercial registration platform, administrative examination and approval information management platform and enterprise credit information publicity system, implement information sharing among commercial registration authorities, relevant administrative examination and approval authorities, regulatory authorities and relevant units, and improve the information publicity system.
The people's governments at or above the county level shall establish a cooperative mechanism for supervision and law enforcement, and realize the linkage between commercial subject licensing and supervision and law enforcement. Chapter II Registration Procedures Section 1 Registration of Establishment Article 11 To establish a commercial entity, it shall apply to the registration authority for registration of establishment according to law. If it meets the conditions for establishment, the registration authority shall confirm its commercial subject qualification and general business qualification according to law, and issue a business license; Without registration, it is not allowed to engage in business activities in the name of commercial subjects. The date of issuance of the business license is the date of establishment of the commercial entity.
In accordance with the provisions of laws and regulations, if it is necessary to obtain permission before the establishment registration, it shall apply to the registration authority for commercial registration within the statutory time limit from the date of permission; Without permission, it will not be registered.
In accordance with the provisions of laws and regulations, if it is necessary to obtain permission to carry out specific business activities after establishment registration, it shall not carry out specific business activities without permission. Article 12 The provincial people's government shall announce to the public the catalogue of pre-administrative licensing items and post-administrative licensing items for commercial registration in the Pilot Free Trade Zone according to law. Thirteenth commercial entities to apply for commercial registration involves post licensing matters, the registration authority shall inform the commercial entities to obtain the permission of the relevant administrative licensing departments before operating; After registration, the registration information of the commercial subject shall be informed to the relevant administrative licensing departments at the same level through the information sharing platform.
The relevant administrative licensing departments shall obtain the registration information of commercial entities on the information sharing platform, handle the post-licensing of relevant commercial registration according to law, and perform the follow-up supervision duties according to law. Article 14 The registered items of commercial entities include:
(1) name;
(2) domicile (business premises);
(3) type;
(4) Business scope;
(five) the name of the legal representative or person in charge;
(6) Registered capital;
(7) business term;
(eight) the name of the investor and the amount of capital contribution;
(nine) other matters stipulated by laws and regulations.
The registration authority shall, according to the types of commercial subjects, specify the specific contents of the registered items of commercial subjects respectively, and formulate the format text.