Beijing Municipal Administration for Market Regulation

2022 Edition

I. Where to apply for a business license

Process market entity registration and relevant affairs at the Beijing Enterprise Registration E-window Service Platform (https://ect.scjgj.beijing.gov.cn) is recommended. On this website, one-stop and non-contact processing services will be provided during the whole process. If an on-site application is required, please come to the following places to handle the corresponding matters:

The registration of different market entities shall be processed at district market regulation administrations where the domiciles of the market entities are situated.

The registration and transformation of individual businesses into an enterprise shall be processed at the market regulation offices where the business premises are located. Individual businesses from Hong Kong, Macao, and Taiwan shall process the application at district market regulation administrations where the business premises are located.

Note: The establishment registration of individual businesses can also be processed at district-level market regulation administrations.

Market entities that fulfill one of the following conditions shall process the registration at municipal market regulation administrations:

Enterprises that are authorized to register by the State Administration for Market Regulation;

Companies with municipal state-owned assets supervision and administration institutions performing responsibilities of contributors and ones invested in or established by the company in which the company holds more than 50 percent of the shares;

Joint-stock limited companies established through fundraising;

Foreign enterprises (of overseas regions) registered for production and operation activities in China;

Enterprises that shall process registration at municipal market regulation administrations in accordance with laws, administrative regulations, decisions of the State Council, and other corresponding regulations.

Note: The above-mentioned enterprises whose domiciles are in Tongzhou District and shall have their registration processed in the municipal market regulation administrations can register for their business licenses in the enterprise registration service platform of the Beijing Municipal Administrative Center (BMC).

II. How to name a market entity

The name of an enterprise shall be independently applied by the applicant. The applicant can directly submit the name of the enterprise to the enterprise registration authority when processing the registration. The applicant can also log in to the Beijing Enterprise Registration E-window Service Platform to inquire about and reserve the name of the enterprise.

The enterprise registration authority shall reserve the names of enterprises that are successfully submitted through the enterprise name application system for two months. If the establishment of an enterprise must be reported and approved in accordance with the law or if there are projects within the business scope of the enterprise that shall be approved before registration, the submitted name can be reserved for one year.

How to name an enterprise

The name of an enterprise shall consist of the name of the administrative division, trade name, the industry that the enterprise is in, or the operation characteristics and organizational form.

Administrative division

Generally, the name of the administrative division will be "Beijing" or "Beijing Municipality". The term "Beijing" can also be placed in the middle of the enterprise name, but shall be bracketed.

Enterprise names without the name of the administrative division: to set up a new domestic-funded enterprise, the applicant can inquire about, compare and reserve an enterprise name on the enterprise online registration and application service system of the State Administration for Market Regulation (http://wsdj.samr.gov.cn); to set up a new foreign-funded enterprise or change the name of a foreign-funded enterprise, the applicant can independently apply for this via the enterprise online registration and application service system of the State Administration for Market Regulation. The applicant can also find the result of the enterprise name inquiry and comparison at the registration authority where the domicile of the enterprise is situated. The enterprise registration authority will help check and compare the submitted enterprise names through the enterprise online registration and application service system of the State Administration for Market Regulation.

Trade name

A trade name shall consist of two or more Chinese characters that comply with national regulations.

To minimize the probability of duplicate names, three or four Chinese characters that comply with national regulations can be used in the trade name of the enterprise.

Industry (operation characteristics)

The industry or operation characteristics in the enterprise name shall follow the main business scope and be in line with the Industrial Classification for National Economic Activities.

Organizational form

Based on its organizational structure or form of liability, the organizational form of enterprises shall be indicated in its name according to the law.

The general expressions of incorporated enterprises include "limited company", "limited liability company", "joint-stock company" and "company limited by shares".

Other types of enterprises can be expressed as "center", "department", "factory/plant", or "shop/store"; the organizational form of partnership enterprises shall be indicated in brackets, for example, "general partnership", "limited partnership", or "special general partnership".

Farmer professional cooperatives shall be expressed as "specialized cooperatives".

The name application of individual businesses shall also be made in accordance with the above-mentioned requirements.

How to use group names

Holding enterprises can use the term "group" or put this term into brackets before the organizational form in its enterprise name. To use the group name, the holding enterprise shall submit the changed name in the registration of the change and record it in its articles of association.

The holding enterprise is the enterprise legal person with at least one holding subsidiary.

The group name of the enterprise shall be in line with the name of the holding enterprise's administrative division, trade name, and the enterprise's industry or operation characteristics. Wholly-owned subsidiaries, holding subsidiaries, or shareholding enterprises authorized by the holding enterprise can be named with the group name or the abbreviation of the group name.

How to name an enterprise branch

The name of a branch generally consists of the name of the enterprise it is affiliated with, the name of the administrative division or location, the trade name (optional), the name of the industry (operation characteristics, optional), and its organizational form. The enterprise branch can omit the name of the administrative division or location in its own name if the name of the enterprise it is affiliated with already contains the administrative division. The enterprise branch shall indicate the name of the administrative division or location in its own name if the name of the enterprise it is affiliated with does not contain the administrative division.

Enterprise branches in the Pilot Free Trade Zones, such as banking financial institutions can use "Pilot Free Trade Zone" or "PFTZ" in their name to indicate their contribution to the development of Pilot Free Trade Zones.

Special notes for name application:

Pay attention to the following requirements when selecting an enterprise name:

The name of an enterprise shall not:

Damage the honor or interests of China;

Damage public interests or hinder public order;

Use the names, abbreviations, or special titles (including disguised forms) of political parties, the Party, government, and military organs of mass organizations or designations of troops;

Use the names and general abbreviations or special titles of foreign countries (overseas regions) and international organizations;

Contain obscenity, pornography, gambling, superstition, terror, or violence;

Contain nationality, race, religion, or gender discrimination;

Violate public order and good morality or contain information that may cause disturbance;

Contain information that may deceive or mislead the public;

Contain other content that are prohibited by the laws, administrative regulations, and the country.

Within the jurisdiction of Beijing Municipality, the trade name in the enterprise name drafted by the applicant shall not be the same as the one used by an enterprise in the same industry or whose name does not contain the information on the industry or operation characteristics:

Registered or reserved enterprise names that have been authorized or contain investment relationships are excluded;

Original enterprise names in cancellation or where the registration has been changed within less than one year that contain investment relationships or a transferred enterprise name are excluded;

Original enterprise names whose establishment registration has been canceled or whose registration of change was canceled within less than one year that contain investment relationships are excluded.

If the name used is authorized, the applicant shall submit the authorization (permit) file issued by the obligee and a photocopy of its business license with an official seal during the enterprise registration.

The authorized (permitted) name shall not deceive or mislead the public.

If the trademark registrant uses or authorizes others to use the characters in the registered trademark as the trade name, and it meets the relevant requirements of the enterprise name registration regulations, the applicant of the enterprise shall submit the following materials during the enterprise registration process: (1) authorization (permit) file issued by trademark owner; (2) trademark registration certification (if the original copy is not available, a photocopy with a trademark registrant's official seal will be accepted); (3) trademark owner's qualification certificate (if the owner is an economic organization, an official seal is required on the qualification certificate; if the owner is a natural person, a photocopy of the natural person's ID card is required in the submission).

III. Requirements for the investor's identity certificate

If the investor is an enterprise, a photocopy of the business license shall be submitted.

If the investor is a public institution, a photocopy of the registration certificate of the public institution's legal person shall be submitted.

If the investor is a social organization, a photocopy of the registration certificate of the social organization and the Letter of Commitment to Non-Party and Government Organs Organized Social Organizations shall be submitted.

If the investor is a private non-enterprise unit, a photocopy of the registration certificate of the private non-enterprise unit shall be submitted.

If the investor is a natural person, a photocopy of his or her ID card shall be submitted.

If the investor is a foreigner, his or her certification of eligibility status or identity document shall be notarized by the notary office of the investor's country and certified by the embassy (consulate) of the People's Republic of China in that country. If the country has not established diplomatic relations with the People's Republic of China, the documents shall be certified by the embassy (consulate) of a third country that has diplomatic relations with the People's Republic of China, then certified by the embassy (consulate) of the People's Republic of China in the third country. Documents issued by an overseas territory of certain countries shall first be notarized in that territory, certified by the diplomatic institution of that country, then finally certified by the embassy (consulate) of the People's Republic of China in that country. International treaties forged by or involved by China and relevant countries that have other specific regulations are excluded. Notarization of documents is not required if the identity document submitted by a foreign natural person who has invested in or established enterprises in China is a People's Republic of China Foreign Permanent Resident ID Card. If the identity documents submitted by the foreign natural person is a passport holding a visa issued by the embassy (consulate) of the People's Republic of China and with an entry stamp from the exit-entry authorities of China, notarization is not required after the original copy of the passport has been checked.

The certifications of eligibility status or identity documents of investors from Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan shall be the notarized documents of the local notarial office in accordance with the special provisions or agreements. The identity documents of natural person investors from Hong Kong Special Administrative Region and Macao Special Administrative Region may be local permanent resident ID cards, Special Administrative Region passports, or Residence Permit for Hong Kong and Macao Residents issued by the mainland public security departments and Mainland Travel Permit for Hong Kong and Macao Residents issued by the exit-entry authorities of China. If the identity documents submitted are a Residence Permit for Hong Kong and Macao Residents or a Mainland Travel Permit for Hong Kong and Macao Residents, notarization is not required.  The Residence Permit for Taiwan Residents issued by mainland public security departments and the Mainland Travel Permit for Taiwan Residents issued by the exit-entry authorities of China can serve as the identity document for natural person investors from Taiwan and notarization of the document is not required.

If the investor belongs to other types of legal persons, a photocopy of the qualification certificate shall be submitted in accordance with relevant laws and regulations.

Note: The above-mentioned photocopies shall contain a statement verifying that "the photocopy is identical with the original copy" and shall be signed by the applicant, the designated representative, or the jointly entrusted agent.

Special notes for investors:

According to the current laws, regulations, and other relevant provisions, the following organizations or individuals shall not serve as investors (shareholders) of enterprises:

Party and government organs (including political and legal organs) at all levels, the People's Liberation Army, the Chinese People's Armed Police Force;

Public institutions affiliated with Party and government organs, excluding institutions engaged in press, publishing, science and technology, design or hospitals, institutes, libraries, museums, parks, movie and opera theaters, and performing groups or township collective assets operation centers set up in districts and counties in Beijing Municipality. Commissions and Offices-affiliated logistics service centers can serve as investors to enterprises providing logistics services for the Commissions and Offices. However, the enterprises invested in by the logistics service centers shall not further make investments or establish enterprises;

Social organizations set up by Party or government organs (including political and legal organs);

Unincorporated enterprises or organizations such as partnership enterprises and sole proprietorship enterprises shall not serve as shareholders of one-person limited liability companies;

A natural person may only invest in or establish one one-person limited liability company. This one-person limited liability company shall not invest in or establish new one-person limited liability companies;

Persons who are prohibited from engaging in profit-making activities according to laws and regulations (such as civil servants and active-duty military personnel);

Law firms;

Other conditions that are specified by laws and administrative regulations.

IV. How to choose a domicile for a market entity

The applicant shall make commitments and applications to register for the domicile. The market entity shall apply for a genuine, legal and safe, and non-residential purpose fixed site as the domicile and shall also be responsible for the authenticity, legality, and safety of the domicile. In addition to filling in the application form, the applicant shall submit a photocopy of the real estate registration certificate (property ownership certificate) signed by the property owner (stamped with the official seal of the property unit). The non-residential purpose (apartments or villas) shall be indicated in the ownership certificate.

If the domicile matches one of the following conditions, supporting documents shall be submitted in accordance with the requirements below:

If the domicile is in a rural area and does not yet have a property ownership certificate, the applicant shall submit a photocopy of the Rural Planning and Construction Permit or Temporary Rural Planning and Construction Permit with the official seal of the authority or supporting documents issued by the township government.

If the domicile belongs to the Central units, the applicant shall submit supporting documents issued by the housing management department directly under the Central units.

If the domicile belongs to the ministries and commissions of the State Council, the applicant shall submit supporting documents issued by the Government Offices Administration of the State Council.

If the domicile belongs to the Central enterprises under the supervision of the State-owned Assets Supervision and Administration Commission of the State Council, the applicant shall submit supporting documents issued by the Central enterprises.

If the domicile belongs to an industrial park at the municipal level or above, the applicant shall submit supporting documents issued by the administrative department of that industrial park.

If the domicile belongs to a state-owned enterprise or a public institution under the supervision of the State-owned Assets Supervision and Administration Commission and if the domicile, previously used for industrial or warehousing purposes, is now applied to commercial activities and other activities, the applicant shall submit supporting documents issued by the State-owned Assets Supervision and Administration Commission.

If the domicile belongs to the railway authorities, the applicant shall submit supporting documents issued by the housing management departments of the China Railway Beijing Group or authorized units of it.

If the domicile belongs to a religious system, the applicant shall submit the Right Confirmation Notice issued by the Leading Group Office of the Implementation of Private Housing Enforcement Policy in Beijing Municipality or supporting documents issued by the competent business departments of the religious groups.

If the domicile belongs to the People's Liberation Army, the applicant shall submit the License of Military Housing Utilization.

If the domicile belongs to inns or hotels, the applicant shall submit a photocopy of the business license of that inn and hotel stamped with an official seal.

If the domicile is registered in commodity trading markets, the applicant shall submit supporting documents issued by the market service management organization and a photocopy of the business license of the market service management organization stamped with an official seal.

If the domicile is registered in the area of civil air defense projects or ordinary basements, the applicant shall submit the civil air defense project utilization permit or recordation certificate issued by the district and county construction (housing) administration authority.

For the application of operating newspaper and magazine retail booths, the applicant shall submit an application form stamped with the official seal of the Beijing Municipal Postal Administration and a photocopy of the recordation certificate issued by the Beijing Municipal Commission of Urban Management or the district-level commissions of urban management.

Note:

To apply for transforming a residential house into an operating domicile, you shall handle relevant procedures for changing the utilization nature of housing at the housing management department and collect and fill in the Certificate of Consent to Transform the Residential House into an Operating Domicile at the registration authority.

If the property owner of the domicile you choose is an overseas institution or individual, the property owner shall carry out a lease of the property by establishing a foreign-funded enterprise. (Leased domicile with an area less than 500 sqm and bought before July 11, 2006, are excluded.)

If a house owned by the shareholder or legal representative is used as a domicile (business premise) for operating activities, the certificate for domicile (business premise) is not required for submission after the information, including but not limited to the house ownership, house purpose and address of the real estate is verified to be in line with the registration information online by the registration authorities.

To apply for establishing an individual business by using an Internet business premise, the applicant shall open a relevant online shop on an e-commerce platform or already own a proprietary Internet business premise, and then apply for the individual business registration. The certificate of a business premise submitted by the applicant shall be the certificate of use of the Internet business premise issued by the e-commerce platform.

If the market entity is to set up branches in Beijing Municipality, the market entity can apply for indicating the domicile of its branches on the business license, after which a separate application for business licenses will not be required. An application form for the change of registration, letter of appointment (entrustment), original copies of the business license and its duplicate, and domicile certificate of branches are required for submission when applying for indicating the domicile of branches on the business license.

Cluster registration sites, identified and open to the public by the district governments, the Administrative Commission of Zhongguancun Science Park, and the Management Committee of Beijing Economic-Technological Development Area can be registered as domiciles of market entities. The domicile column of the business license of market entities using cluster registration sites to register for domiciles is marked "(cluster registration)".

V. How to determine the registered capital (capital contribution)

Market entities' registered capital (capital contribution) and investors' time of contribution submitted by the applicant shall comply with the articles of association or agreement.

The registered capital (capital contribution) of market entities shall be written in CNY. The registered capital (capital contribution) of foreign-funded enterprises can be written in a freely convertible foreign currency.

If the applicant makes a capital contribution with equities or creditor's rights of a domestic company legally. In that case, the equities or creditor's rights shall have clear and full ownership. These can be assessed and transferred in accordance with the law and must also be in line with the company's articles of association.

VI. How to determine the business scope of market entities

According to the requirements on the standardization of business scope issued by the State Administration for Market Regulation, market entities shall use standard terms in processing business license registration; for existent market entities changing their business scope, the market entities shall use the standard terms to standardize their previously registered business scope. You can log in to the Beijing Enterprise Registration E-window Service Platform for quick and convenient inquiries and choose the description of the business scope that matches your business activities.

With the implementation of standardization of business scope, the specific information of the approval documents will not be recorded on the business license. Items requiring pre-administrative licensing approval or post-administrative licensing approval are applicable to standard terms corresponding to relevant licensing approval in registration.

Market entities that apply for engaging in activities requiring pre-administrative licensing approval shall submit corresponding approval when applying for registration.

The operating activities of market entities shall be in line with the industrial policy in Beijing Municipality and not violate the Catalog of Prohibited and Restricted New Industries (2022 edition).

VII. How to collect your business license

Market entities will receive their electronic business license immediately from the market regulation administration after the establishment or registration change has been processed. The electronic business license is verified and issued to all market entities by market regulation administrations in accordance with national laws, regulations, and unified standards and norms. It serves as an "electronic ID card" of the enterprise and shares the same legal effect with the printed version of the business license. When the market entity's registration is completed, the electronic business license will be automatically generated and made available to be collected, downloaded, and used through WeChat or the Alipay mini program and displayed when the QR code is scanned. If the printed version of the business license is needed, it can be collected on-site from the registration authority of the market regulation administrations or sent out by post.

To protect the legitimate rights of investors, the following personnel shall cooperate with the registration authority to finish the real name authentication through the real name authentication system during the registration and recordation process

Legal representative, managing partner (including appointed representative), and person in charge;

Shareholders of the limited liability company, sponsors of the joint-stock company, and directors, supervisors, and senior executives of the company;

Investors of sole proprietorship enterprises, partners of partnership enterprises, members of farmer specialized cooperatives (associations), and operators of individual businesses;

Liaison personnel of market entity's registration and recipient of enterprise legal documents for foreign-funded enterprises;

Designated representatives or entrusted agents.

Identity authentication methods include:

Complete the identity authentication through the Beijing Enterprise Registration E-window Service Platform's app.

Complete the identity authentication through the WeChat mini program of the Beijing Enterprise Registration E-window Service Platform.

Complete identity authentication through "bank account information+reserved mobile phone number", the "Beijing Tong" mini program in WeChat, Alipay, or Baidu, or the "Beijing Tong app" to enter the web page of the Beijing Enterprise Registration E-window Service Platform.

If the parties are not able to get the identity information verified through the real-name authentication system, they can submit legally notarized identity documents or process the real name authentication with their identity documents on-site.