Materials for Exchange of Experience in Implementing Administrative Guidance in Chengguan Branch of Lanzhou Administration for Industry and Commerce (II)
Strengthen administrative guidance service enterprise registration
—— Enterprise Section of Chengguan Branch of Lanzhou Administration for Industry and Commerce
According to the requirements of the State Council's "Outline of Comprehensively Promoting Administration according to Law", the Municipal Administration for Industry and Commerce's "Decision on Comprehensively Implementing Administrative Guidance in the City's Industrial and Commercial Administration System" and "Work Plan for Implementing Administrative Guidance in Chengguan Branch of Lanzhou Administration for Industry and Commerce", our department integrates administrative guidance into industrial and commercial administration according to the working characteristics of our department, so as to further improve the work level, improve the service quality and optimize the law enforcement environment. The main practices of our department to carry out administrative guidance are reported as follows:
First, improve ideological understanding and solve problems in essence.
Administrative guidance is an important part of government functions, and it is also an objective requirement of social and economic activities for government management. Combined with the current registration work, our department organizes cadres to study on special topics, fully understands that the implementation of administrative guidance is an objective requirement for building a harmonious society and a necessary means to perform the functions of industrial and commercial administration, understands the working spirit of administrative guidance of municipal bureaus and sub-bureaus, strengthens the study of registration management laws and regulations, summarizes previous work experience, and tries to master registration information and previous registration problems and solutions as much as possible. Because of individual differences, information asymmetry and other issues to guide practical work, use the accumulated information to help the administrative counterpart to restrain their own behavior and correct improper behavior, and help the administrative counterpart to achieve the goal and value of active competition in a fair environment in the right way and through the right means.
Two, strengthen administrative guidance, standardize the registration behavior
Our department actively promotes administrative guidance in the registration work, integrates more service concepts and humanized measures in management, based on the functions of market access and exit registration, closely follows the needs of the masses, implements the relevant system of administrative guidance for enterprise registration, and incorporates the formulation and implementation of relevant documents and articles of association of enterprises and the liquidation of delisted enterprises into the scope of administrative guidance.
1. Strengthen prior consultation and guidance to reduce problems afterwards. First, combined with previous work experience, we should shift the focus of work in practical work, strengthen administrative consultation and guidance, help enterprises to choose their own registration forms, publicize the relevant laws and regulations on enterprise establishment and registration to the public through the open column of government affairs, print a "one-time notification form" on enterprise establishment conditions according to the different requirements of different enterprise forms, and send it to enterprises to guide enterprises to choose their own organizational forms at the first time, thus avoiding the trouble of repeated changes and cancellation. For those who come to handle affairs, explain the registration requirements in the preliminary consultation, standardize the filling of registration documents, let enterprises know more about policies and regulations, and avoid unnecessary troubles caused by not knowing the regulations in future operations. Combined with this year's online annual inspection, our department assigned a special person to receive the telephone consultation of enterprise staff and explain the handling procedures and relevant laws and regulations to the consultants. The second is to provide model texts to help enterprises make standardized registration documents. In order to ensure that the enterprise registration documents are clear in purpose, comprehensive in content, accurate in language, standardized in writing and neat in handwriting, the staff members have compiled various demonstration texts of the registration documents, posted them in the lobby, and given operational guidance, so that the enterprise staff can see at a glance, thus ensuring that the registration documents made by the enterprise staff can be successful at one time. During the registration process, we will provide the information we hold and process to the administrative counterpart for reference. We will formulate a unified format for documents that are prone to occur, such as equity transfer agreements, resolutions of shareholders' meetings, amendments to the articles of association, notes on establishment and change, cancellation resolutions, announcements and liquidation reports. , and provide a model for the articles of association and liquidation documents formulated by enterprises themselves, especially some provisions and requirements for dispute resolution and risk prevention, to prevent disputes. By clarifying the required materials, providing model texts, counseling the application matters, etc. To guide the administrative counterpart to correctly handle the registration matters.
2. Give guidance in the whole process and provide management suggestions. Provide on-site services to help enterprises clarify the registration procedures. Some enterprises don't understand the legal procedures for registration. Of course, the result is often counterproductive. For example, some small and medium-sized enterprises invest in land acquisition and plant construction, and use an enterprise name at will without prior verification when handling real estate and land use certificates. However, when handling the administrative license, I realized that the name did not comply with laws and regulations, and the name was duplicate and could not be used. In order to avoid similar phenomena, we make the legal procedure of enterprise establishment registration into a registration process card and hang it in a prominent position in the window for enterprises to consult; Inform relevant departments in advance of the procedural requirements for pre-approval of enterprise names; At the scene of the window, it is suggested that the enterprise should go through the establishment registration according to legal procedures, and inform the enterprise what to do in the next step, what unit to go to, what department to find and what documents to apply for, which has better solved the problem that the enterprise detours because of unclear establishment procedures. If Jin Zhangye Hotel, an enterprise under its jurisdiction, encounters the problem of changing the registered items in its operation, our staff will go to the enterprise to provide on-site administrative guidance and provide multi-directional and all-round administrative guidance, consultation and help for many problems existing in enterprise registration. Through face-to-face form, it not only solved many registration problems encountered by enterprises in actual business activities, but also gave administrative guidance on specific issues such as the change mode of unclear affiliation, the change trend of registered capital and the ownership of enterprise assets, and gave constructive administrative guidance on the future development direction and trend of enterprises through investigation and research.
3. Strengthen the follow-up and guidance afterwards, and improve the enterprise exit procedure. By presenting, informing, instructing, guiding and reporting information, enterprises that have closed down or their business licenses have been revoked will be guided to withdraw from the market, and cancellation of registration will be handled in time. Inform the revoked enterprise of the consequences of revocation in time, and at the same time, during the registration process, require the responsible person of the revoked enterprise to complete the withdrawal procedures as soon as possible, liquidate and cancel the enterprise, safeguard the interests of creditors, and standardize the market economic order. For example, the person in charge of the Binhe Children's Park in Lanzhou City cannot change enterprises because of the first-level early warning lock. We will inform the reason in time and explain the unlocking procedure, so that the enterprise can change smoothly and operate normally. This year, our department * * * removed 30 legal representatives who were locked because of revocation, which made some enterprises improve the market exit procedures.
Three, strengthen the guidance of the restructuring of state-owned and collective enterprises.
First, give full play to their functions, actively do a good job in restructuring and restructuring state-owned and collective enterprises, ensure market access, and promote the growth of market players and structural optimization. In accordance with the overall requirements of the reform of state-owned enterprises of the municipal party committee and the municipal government, our department implements various systems and preferential policies to support the reform of state-owned enterprises, opens up a green channel for the restructured enterprises, and designates special personnel to receive the employees of the restructured enterprises. For example, during the restructuring of Shawahe Agriculture, Industry and Commerce Service Center in Chengguan District of Lanzhou City, our department actively serves enterprises. First, inform the enterprise of the restructuring procedure, inform the enterprise to formulate the restructuring plan in time, hold the villagers' meeting, and obtain the approval of the district restructuring leading group, which not only keeps the enterprise from going astray, but also improves the efficiency; And help enterprises adjust their economic structure according to the market, simplify procedures, submit materials according to the requirements for the establishment of limited liability companies, and at the same time, according to the provisions of provincial and municipal restructuring documents, surpass limited companies in registered capital and relax the requirement that monetary funds must reach 30%. At present, the enterprise has been successfully transformed into Lanzhou Yanhe Trading Co., Ltd. with a registered capital of 3 million yuan.
Second, while doing due diligence, actively carry out publicity of relevant laws and regulations. In view of issues such as equity transfer, examination and approval of enterprise name change, and how to participate in annual inspection, timely correct problems such as business systems suspected of violating industrial and commercial laws and regulations and affecting the long-term development of enterprises, and guide enterprises to reorganize, reform and transform according to law; In view of the development status, main problems and impact on economic and social development of restructured enterprises, guide enterprises to adjust their investment direction and industrial structure in time. For example, the Honghua women's clothing store in Lanzhou Department Store was originally a state-owned enterprise, and its development was limited by the relevant systems of state-owned enterprises. Therefore, the enterprise came to the Industrial and Commercial Bureau to consult about the change. Our staff consulted the enterprise files, understood the enterprise registration situation, explained the documents to be provided, and suggested that the enterprise set up an organizational form suitable for development. With the consent of SASAC, we simplified the procedures and charged the change fee by half. At present, the enterprise has been successfully transformed into Lanzhou Honghua Trading Co., Ltd. This year, our department has handled 25 enterprises, including state-owned enterprises 10, collective enterprises 3 and joint-stock enterprises 13.
Third, according to the actual situation, formulate the administrative guidance plan for the next step of restructuring state-owned collective enterprises.
1, contact the competent department to make clear the list of state-owned and collective enterprises that need to be restructured, and do a good job in early publicity and preparation.
2, issued a detailed notice of the materials to be submitted for restructuring;
3, the need for restructuring of state-owned enterprises to on-site guidance, explain the restructuring procedures, carry out publicity, explain the laws and regulations to the employees of enterprises, so that employees can understand their rights.
4. Conduct on-site guidance and explanation on the procedures of village collective enterprises that need to be restructured, and publicize relevant laws and regulations to the villagers.
Of course, promoting administrative guidance is an arduous and complicated project. "Those who have achieved great things in ancient times are not only talented, but also persistent." A career, a job, as long as "the green hills are not relaxed", will certainly usher in "another bright future village." Administrative guidance is a long-term work, and our department will continue to explore more effective administrative guidance methods to better serve enterprises.