Article 1: In order to give full play to the enthusiasm of scientific and technological personnel, promote the direct integration of scientific research and production, develop export-oriented advanced technologies, especially high-tech industries, and prosper the special economic zone, these interim regulations are formulated. Article 2 Private science and technology enterprises refer to enterprises that are voluntarily jointly invested by scientific and technological personnel and engaged in scientific and technological development and related production, sales, consulting services and other business activities. Article 3 Scientific and technological personnel may use cash, physical objects, and personally owned industrial property rights such as patents, proprietary technologies, and trademark rights as investments to invest in shares, and receive their due dividends and bonuses. Article 4: On a voluntary basis, private science and technology enterprises can absorb shares of other state-owned enterprises and collective enterprises; with the approval of relevant Shenzhen municipal departments, private science and technology enterprises can also absorb shares of overseas investors and foreign-related enterprises. Article 5: Private science and technology enterprises shall have legal person status after being reviewed, approved, registered and obtained a business license. Private science and technology enterprises can independently exercise management rights and enjoy the same rights as other types of enterprises. Their economic activities are governed and protected by the relevant regulations of the Shenzhen Municipal People's Government and these interim regulations. Article 6: The government provides production and operation conveniences to private science and technology enterprises. Article 7 Private science and technology enterprises are taxed as collective enterprises; in the early stages of development, private science and technology enterprises may apply to the tax department for a reduction or exemption of corporate income tax for one to three years based on their operating conditions. Article 8 Taxation, auditing, insurance, industrial and commercial administration, labor and personnel management, foreign exchange management, financial management, price management, science and technology management and other departments must strengthen the management of private science and technology enterprises according to their respective functions and in accordance with the law, and formulate corresponding implementation rules . Article 9 To establish a private science and technology enterprise in the Shenzhen Special Economic Zone, scientific and technological personnel shall submit an application and obtain approval from the relevant competent departments of the Shenzhen Municipal Government. Article 10 When applying for the establishment of a private science and technology enterprise, the following documents must be submitted:
1. Application for establishment letter;
2. Feasibility study report;
3. Articles of association drafted by the founders of the company;
4. Proof of source of funds;
5. List of founders of the company, identity certificates and resumes, proof of expertise and fixed residence;
6. Other prescribed documents. Article 11 The validity period for the establishment of private science and technology enterprises is six months from the date of approval. Article 12 Private science and technology enterprises must apply for registration with the Shenzhen Municipal Administration for Industry and Commerce within the validity period of the establishment of the enterprise; the date of issuance of the business license is the date of establishment of the enterprise. Article 13 When private technology enterprises apply for registration, they should submit the following documents:
1. Certificate of approval for establishment;
2. Capital verification issued by an accounting firm registered in Shenzhen Certification;
3. Articles of Association signed by all sponsors notarized by the Shenzhen Notary Office;
4. The address of the enterprise and the name and residence of the legal representative;
5. Other prescribed documents. Article 14 Private science and technology enterprises may obtain mortgage loans, guaranteed loans or credit loans from the national bank; private science and technology enterprises applying for loans from foreign banks must obtain approval from the relevant departments of the municipal government. Article 15 The municipal government encourages private science and technology enterprises to expand production and establish new enterprises. Well-run private science and technology enterprises can acquire other enterprises; private science and technology enterprises that use corporate profits for reinvestment or reproduction can apply to the tax department for income tax reduction or exemption. Article 16 When a private science and technology enterprise establishes a limited company, it must have two or more shareholders and a registered capital of more than RMB 10,000. Each shareholder shall be responsible for the company in accordance with the amount of registered capital contributed by the company, and the company shall bear limited financial obligations to external parties with all its assets. responsibility. Article 17 Private science and technology enterprises establishing a joint-stock company shall, in addition to these interim regulations, follow the "Interim Provisions on the Pilot Program of Demutualization of State-owned Enterprises in Shenzhen Special Economic Zone" (the following paragraphs involving joint-stock companies shall comply with the provisions of this article) .
Article 18 The articles of association of private science and technology enterprises shall specify the following matters:
1. The name and location of the company;
2. The company’s purpose, business scope and scale;
3. Total capital, investment ratio and investment period;
4. Methods for equity transfer;
5. Rights, convening methods and methods of shareholders’ meeting or board of directors Voting procedures;
6. The establishment, powers, service system and recruitment methods of senior managers;
7. Financial, accounting and auditing systems;
8. Profit distribution (including the proportion of enterprise development funds, reserve funds, welfare funds, incentive funds, etc.) and loss sharing methods;
9. Announcement methods;
10 , Responsibility for violation of the Articles of Association;
11. Procedure for amending the Articles of Association;
12. Dissolution and liquidation;
13. Other necessary matters. Article 19 Private science and technology enterprises have the right to recruit employees. When recruiting workers, they must sign a labor contract that clearly stipulates matters such as employment, dismissal, remuneration, labor insurance, etc. Private science and technology enterprises must register with the Labor Bureau when recruiting employees. Article 20: Private science and technology enterprises have the right to fire employees, and employees have the right to resign, but they must implement the provisions of the labor contract and the relevant regulations of the labor department. Article 21: Encourage and welcome scientific and technological personnel from outside the Special Economic Zone to come to the Special Economic Zone to establish private scientific and technological enterprises. Scientific and technological personnel outside the special zone who establish private science and technology enterprises or work in private science and technology enterprises in the special zone can go through the procedures for residence in the special zone with the approval of the relevant departments of the municipal government.