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Jing Shi Jian Han [2020] No. 24

To the People' s Governments of Haidian District, Fengtai District, Shijingshan District, Tongzhou District, Daxing District, Shunyi District and Yanqing District,
To fully implement the decisions and arrangements made by the CPC Central Committee and the State Council of the PRC on deepening the reform of delegating powers, improving regulation and optimizing services, and facilitating the business environment, we have formulated the Measures on Implementing the Pilot Program of the Registration Notification Commitment System for Market Entities in Beijing (see Appendix) according to the work arrangement of the Municipal Party Committee and Municipal People' s Government, and decided to carry out the pilot reform of the registration notification commitment system for market entities in such seven districts as Haidian, Fengtai, Shijingshan, Tongzhou, Daxing, Shunyi and Yanqing from February 15, 2020. These districts are required to carry out the pilot work carefully and capture valuable experience in time.

Appendix: Measures on Implementing the Pilot Program of the Registration Notification Commitment System for Market Entities in Beijing

Beijing Municipal Administration for Market Regulation
February 12, 2020

Appendix

Measures on Implementing the Pilot Program of the Registration Notification Commitment System for Market Entities in Beijing

Chapter I General Provisions

Article 1 In accordance with the Administrative Licensing Law and the Regulations on Optimizing the Business Environment, the pilot reform of the registration notification commitment system for market entities will be carried out in some districts of Beijing, with a view to deepening the reform of the commercial system, further transforming the functions of the government, innovating and standardizing the registration of market entities, improving the efficiency and facilitation of registration, ; , serving the development of market entities, stimulating market vitality and building a more open and transparent market access management model.

Article 2 The registration notification commitment system for market entities refers to the system whereby the registration authority of market entities shall, based on the application and credit commitment of the applicant, conduct formal examination of the registration of the market entity in accordance with the law, and confirm and publicize the qualification of the market entity and its general operating qualification through registration. The Measures do not involve licensed business matters, which shall be handled in accordance with relevant laws and regulations and the provisions of the competent authority.

The market entities mentioned in the Measures include companies, partnership enterprises, sole proprietorship enterprises, privately or individually-owned businesses, non-corporate enterprise legal persons, foreign (regional) enterprises that do business in China, farmers' professional cooperatives, and enterprise branches. The registration of permanent representative offices of foreign enterprises shall be carried out by reference.

Article 3 The implementation of the registration notification commitment system for market entities shall follow the principles of registration by law, independent declaration, autonomy of will, credit commitment, information sharing, convenience and efficiency.

All types of market entities shall abide by laws and regulations, observe social ethics and business ethics, be honest and trustworthy, actively assume social responsibilities, and jointly optimize the business environment.

Chapter II Handling Requirements and Procedures

Article 4 The notification commitment system is applicable to the registration of establishment, alteration, cancellation, filing, increase/reduction/replacement of licenses and certificates of market entities, and of pledge of equity.

Article 5 The administration of real-name certification for registration of market entities shall be implemented. When handling registration, the submitter (designated representative or entrusted agent, i.e., "agent", the same below) and applicant (including legal representatives, principals, investors, shareholders, etc., the same below) of the registration of market entities shall, in accordance with the existing laws and regulations and the requirements of the real-name registration system, provide authentic and valid identity certificates and prove the authenticity of their identities using the information technology means provided by government authorities.

Article 6 The registration authority of market entities shall, in accordance with laws, regulations and supervision and management requirements of relevant authorities, formulate and publish the registration standards of the notification commitment system and notify the market entities of the format of the notification commitment.

Article 7 When applying for registration and submitting the registration materials and documents, the applicant and the submitter shall submit a letter of commitment together, promising that they have been fully aware of the matters notified by the registration authority, and are willing to assume relevant legal liabilities and correct the illegal and irregular behaviors as required by the registration authority.

The applicant and the submitter shall be responsible for the authenticity, legality, validity, integrity and consistency of the submitted application documents and materials.

The letter of commitment shall be included in the registration files of market entities and made public through the Beijing Enterprise Credit Information website for social supervision.

Article 8 Upon receipt of the application, the registration authority of market entities shall, through the letter of commitment, inform the applicant of the following contents:

1. The main laws, regulations and rules on which the examination and approval of registration is based;

2. The necessary conditions and requirements for approval;

3. The examination method of application documents and materials by the registration authority of market entities;

4. The legal effect of the applicant' s commitment, and the legal consequences of making false commitment and violating the commitment.

Article 9 The applicant shall make a commitment in relation to the following contents, and any apparent inconsistency with the commitment shall be deemed as "submitting false materials in the registration". The applicant shall bear corresponding legal responsibilities according to the law:

1. The applicant is aware of the published statutory conditions and standards and has completed and submitted the materials in full accordance with the published standards;

2. The information provided by the applicant is true, legal, valid and complete;

3. The articles of association and the contents of the agreement are legal and have been signed and come into force in accordance with the law;

4. The applicant shall abide by laws and regulations, and shall not carry out business activities concerning unauthorized matters, and the business activities it engages in shall conform to the industrial policies of the city;

5. The domicile (premise) does not fall in the category of residence or apartment.
The submitter shall make a commitment in relation to the following contents, and any apparent inconsistency with the commitment shall be deemed as "submitting false materials". The submitter shall bear corresponding legal responsibilities according to the law:

1. The submitted application information and application materials are true, legal, effective and complete, and do not contain any content that harms national or public interests or violates public order and good customs or has other adverse effects;

2. The signatures (seals) are all signed and affixed by the parties themselves according to their true wishes.

Article 10 The name of the market subject shall be declared independently. The applicant shall independently inquire, compare, determine and declare the proposed name through the name declaration system, and bear the corresponding legal responsibility.

Where the name of a market entity that has been declared may cause deception or misunderstanding to the public or damage the legitimate rights and interests of others, it shall be deemed inappropriate for the market entity and needs to be corrected.

Article 11 The applicant shall apply for domicile registration through independent commitment. Market entities shall use real, legal and safe non-residential fixed sites as domiciles (premises), and shall be responsible for the authenticity, legality and safety of domiciles (premises). The applicant shall declare the basic information of the domicile to the registration authority of market entities, and make a commitment in accordance with the facts and regulations on the ownership, use function and legal use of the property right. The registration authority shall conduct formal examination on the supporting materials of the domicile submitted by the applicant, but the ownership, use and use function of the domicile is not within the scope of examination.

Article 12 With respect to the domicile (premise) that should meet specific conditions, or the use of illegal construction or unauthorized change of the use of the premises to engage in business activities, it shall be administered according to the law by the authorities of planning and natural resources, housing and urban-rural development, housing management, public security, environmental protection and emergency management. The administrative authority in charge of the examination and approval of licenses shall, in accordance with the law, supervise and control the matters involved in the examination and approval of licenses.

Article 13 The same place may be registered as the domicile of multiple market entities.
Cluster registration is allowed. Cluster registration refers to the registration mode in which multiple enterprises register the domicile of a custodian institution as their domicile, and the custodian institution provides the domicile custodian service to form enterprise cluster development.

The specific measures for cluster registration shall be formulated by district governments, Zhongguancun Administrative Committee and the Administrative Committee of Beijing Economic-Technological Development Area to establish sound systems for total quantity control, industry exclusion, service management, credit restriction, and orderly exit, and to strengthen the entity responsibility of custodian service agencies.

The cluster registration address shall be announced to the public.

For market entities that use a cluster registration domicile, the words "cluster registration" shall be shown in the domicile column of the Business License Certificate.

Article 14 The applicant may select specific business items in the business scope database.
Where the business scope of a market entity does not involve licensed business items, it may be registered in accordance with the categories of national economic industries.

Article 15 Unless it is otherwise stipulated by laws and regulations, the registration authority of market entities shall not examine the contents of the articles of association, agreements, resolutions and other documents as well as resolution procedures submitted by a market entity, and the registration authority shall handle the registration according to the application and credit commitment of the applicant.

When a civil dispute arises between the shareholder and the company or among shareholders over the registration of the company, the party concerned shall file a civil lawsuit with the people' s court in accordance with the law to seek judicial relief. The registration authority will formulate and publish a series of standardized articles of association and agreements for the reference of applicants.

Article 16 Upon receipt of the letter of commitment signed by the applicant and the materials conforming to the requirements of the letter of commitment, the registration authority of market entities shall conduct formal examination and approve the application immediately if the application materials are complete and conform to the legal form.

Chapter III Daily Supervision

Article 17 Any market entity that has been registered under the commitment system will be included in the double random inspection by the market supervision authority of the domicile to increase the proportion of random inspection. If the actual situation of the market entity is found to be inconsistent with the commitment through spot check, the market entity shall be ordered to correct within 15 days. The failure to correct within the time limit shall be regarded as submitting false materials in the registration and the market entity shall be punished according to the law. If the circumstances are serious, the company' s registration shall be revoked or its Business License Certificate be revoked, and the company shall be publicized on the National Enterprise Credit Information Publicity System and the Beijing Enterprise Credit Information website. Any enterprise subject to revocation of change or de-registration shall be included in the list of enterprises with serious illegal and dishonest acts.

Article 18 Where a citizen, legal person or other organization reports to the market supervision authority that the actual situation of a market entity registered under the commitment system is not in conformity with the contents of the publicized letter of commitment, the market supervision authority in the place where the domicile is located shall conduct a comprehensive inspection within 15 working days. If the situation is verified to be true, the market entity shall be investigated and dealt with according to the law.

Article 19 All regulatory authorities of the government shall conscientiously perform their regulatory duties in accordance with their statutory authority, improve regulatory procedures, implement regulatory responsibilities, enhance information sharing, and establish a disciplinary mechanism focused on credit supervision, in order to ensure good performance in supervision and management of market entities.

Chapter IV Credit Supervision and Punishment for Violation of Law

Article 20 Where the submitter or applicant applies for registration by providing false identity, submitting false materials (documents) or concealing relevant information or important facts by other fraudulent means, the registration authority shall not accept or handle the application, and shall include the submitter or applicant in the national database of persons with false registration.

The registration authority of market entities shall not accept applications for business registration from the submitter serving as the representative or agent of joint entrustment within three years.

The registration authority of market entities shall not accept the applicant's application for registration under the notification commitment system within three years, and all the materials submitted by the applicant shall be subject to substantive examination by the registration authority.

Article 21 Where a market entity applies for registration by submitting false materials or concealing important facts by other fraudulent means, the market supervision authority shall impose an administrative penalty according to the law and publicize it on the Beijing Enterprise Credit Information website. If the case is suspected of constituting a crime, the case shall be handed over to the judicial organ for investigation of criminal responsibility according to the law.

Article 22 District governments, Zhongguancun Administrative Committee and the Administrative Committee of Beijing Economic-Technological Development Area shall set up a disciplinary mechanism when formulating specific measures for cluster registration in light of the local reality. If the custodian institution for cluster registration violates the administrative regulations formulated by the district governments, administrative committees and relevant authorities, it may receive punishments such as warning, suspension of registration and disqualification. If it is suspected of committing a crime, it shall be investigated for responsibility according to the law. District governments and administrative committees may establish special management measures in areas where false registration happens frequently or other inappropriate situations occur due to cluster registration.

Article 23 The registration authority of market entities shall order inappropriate enterprise names to be corrected within a time limit.

Where an enterprise refuses to correct its inappropriate enterprise name within the time limit, or the enterprise name revoked by the reconsideration authority or the people' s court, the registration authority of market entities shall directly delete the name in the enterprise name database and temporarily replace it with the enterprise' s unified social credit code. It will be publicized on the National Enterprise Credit Information Publicity System and the Beijing Enterprise Credit Information website.

Chapter V Supplementary Provisions

Article 24 The pilot districts are encouraged to explore and implement their own original and differentiated reform measures of the registration notification commitment system within the framework of the rule of law.

Where the relevant organizations and staff members make mistakes or deviations in the reform of the registration notification commitment system, but have fulfilled their duties of diligence and responsibility in accordance with the Measures and have not sought illegal interests, no negative assessment shall be made and no responsibility for work errors shall be generated.

Article 25 Starting from February 15, 2020, the pilot reform of the registration notification commitment system for market entities will be carried out in some districts of the city, and will be implemented throughout the whole city in due time.