Shanghai'S Free Trade Zone Forms A Replicable Experience In The Registration System Reform

< p > < strong > > a href= "http://www.91se91.com/news/index_c.asp" > registered capital < /a > subscription system, annual report publicity system, unified business license style, establishment registration "one form declaration, one acceptance" in place, < /strong > /p >

< p > in late September 2013, the SAIC issued 3 documents on supporting the construction of free trade pilot area in China (Shanghai), and took the lead in introducing policies to support the construction of FTA pilot areas.

The Shanghai Municipal Industrial and commercial department has also formulated the regulations on the registration and administration of enterprises in the free trade zone of China (Shanghai), and the two supporting documents concerning the implementation of the opinions of the SAIC on supporting the construction of the free trade pilot zone in China (Shanghai). In order to form a replicable and popularized system and experience, a number of reforms in the registration of capital registration system have been carried out in the Shanghai FTA pilot area.

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< p > - trial capital registration system of registered capital.

In addition to the provisions of the law and administrative regulations on the paid in registration of registered capital of the company, the business sector shall not register the paid capital of the company when registering the company's registered capital in the FTA.

The shareholders of a company are responsible for the authenticity and legality of the payment of capital contributions.

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< p > - the trial system of public annual report.

In the free trade area, the annual inspection system of enterprises shall be changed into an enterprise annual report publicity system.

From March 1st to June 30th each year, the enterprise reports the annual report to the registration authority through the credit information publicity system of the market main body and publicize it to the public.

The enterprise is responsible for the authenticity and legality of the annual report.

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< p > - unified business license style.

Drawing on the internationally accepted certification form and approved by the State Administration of industry and commerce, all types of business licenses in the free trade area have been unified into one pattern, which distinguishes them from the enterprises outside the region in terms of license items, colors, typefaces, etc., which not only improves the efficiency of registration management, but also reflects the equality of enterprises in different economic types in the legal status.

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< p > - implement the service mode of "one form declaration, one acceptance" in the establishment registration of enterprises.

The industrial and commercial departments shall uniformly receive materials from enterprises registration, examination and approval of foreign-invested enterprises (record), organization code certificate processing and tax registration, and provide unified service to relevant certificates and documents.

Foreign invested enterprises outside the list of Special Administrative Measures for foreign investment access (negative list), within 4 working days, have obtained business license, institutional code certificate, tax registration certificate and other licenses.

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< p > strong > two, strengthen policy publicity, and guide market participants to correctly understand the reform in place < /strong > < /p >

< p > in view of the rapid growth of the number of enterprises after the listing of the FTA, the Shanghai Municipal Industry and Commerce Bureau has drawn up business backbone from the Municipal Bureau and other sub bureaus to support the FTA.

Staff work overtime, take reasonable shunt, optimize the process and so on, to ensure that enterprises serve in place.

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< p > at the same time, the industry and Commerce Department has stepped up publicity and guidance.

In the stage of the opening of the free trade zone, the content of the reform of the industrial and commercial registration system has not been fully understood by all sectors of society. Especially after the implementation of the registered capital subscription system, some investors have not considered much about the ability of personal investment and risk taking. There is not enough concern about personal integrity. There is a step by step thought. There is a random and blind situation when reporting capital contributions and capital contributions.

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< p > through the convening of the on-site policy presentation and other ways, the industry and commerce department strengthens the policy interpretation, prevents the society from misreading the reform of the industrial and commercial registration system, emphasizes that the subscription of registered capital is not paid off, and guides the public to establish the correct investment idea.

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< p > as of the end of January 2014, 5898 new businesses were set up in Shanghai free trade area.

Shanghai Joint Property Trading Service Co., Ltd., Shanghai international energy exchange center Limited by Share Ltd, Shanghai gold exchange and other functional financial enterprises have settled in the free trade area; Christie's auction, Huayi Brothers, Shanda network and other more than 20 leading domestic and foreign cultural enterprises have entered the trade base of the free trade area; some of the multinational companies in the FTA plan to upgrade their formerly single function trading enterprises to regional headquarters with functions such as regional capital allocation and enterprise management, or upgrade their original regional headquarters to an Asia Pacific operation center with integrated offshore, offshore business and integrated trade, logistics and settlement functions.

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< p > < strong > three, "strict management" measures are clear, aiming at < a href= "http://www.91se91.com/news/index_c.asp > > market main body < /a > supervision issues are in place < /strong > /p >

< p > after the reform of the registered capital registration system has been implemented in the free trade area, the number of enterprises registered has increased significantly, and the effect of "wide entry" has emerged.

What kind of train of thought and measures should the industry and commerce departments take to "strictly control" the market after "wide entry"? < /p >

< p > Shanghai industry and Commerce Department believes that the requirement of "wide entry and strict management" in the reform of the industrial and commercial registration system has formed a "forced mechanism" for strengthening the market supervision of the industrial and commercial sector. The greater the power of decentralization, the more the market supervision work needs to be strengthened.

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< p > how to manage the tube well, the business sector has done serious research and adopted 6 institutional reform measures to form a strict management system.

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< p > one is to change the annual inspection system into an annual report publicity system, and establish a fair, standard and strict spot check system.

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The "P > two" is to establish a list system of abnormal business enterprises, perfect the mechanism of credit restriction, and put the market subject of dishonesty and illegal records to be listed in the "blacklist" of abnormal operation, to publicize to the society, to improve the "illegal cost" and "cost of dishonesty", so that it is restricted and punished by the market mechanism.

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< p > three is to establish an enterprise supervision information sharing system, establish and improve the information sharing platform and working mechanism of various government departments, strengthen coordination supervision among departments, form supervision resultant force, and improve management efficiency.

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< p > four is to establish and improve the classified supervision system of enterprises, enforce strict supervision over illegal and dishonest enterprises, and increase penalties for repeated illegal businesses.

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< p > five is to explore and deepen the reform of administrative law enforcement system, promote comprehensive law enforcement, and strive to solve the problem of overlapping powers and responsibilities.

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< p > six is to improve the connection mechanism between administrative law enforcement and criminal justice, and safeguard the fairness and seriousness of law enforcement.

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< p > March 1st, "measures for publicized annual reports of enterprises" and "Regulations on management of abnormal lists" were implemented in the Shanghai free trade area.

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< p > according to the introduction, there are a total of 15 articles on the measures for publicized annual reports of enterprises, which stipulate the scope, definition, division of responsibilities, publicity information and publicity channels of the annual report publicity, focusing on the credit constraints of enterprises.

There are a total of 20 regulations on the management of abnormal list, which stipulate the scope of application, definition, division of responsibilities and contents of the list, and focus on its operability.

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Futures, insurance, investment, guarantee, capital verification, appraisal, small loan, real estate development, real estate brokers, educational intermediaries, education and training (consulting), entry and exit intermediary, enterprise registration agent, waste material acquisition, civil explosives, fireworks, building construction and so on. The The Mobility Company enterprises (the 10 million industries that submitted the audit report to the audit report) must submit annual audit reports. Other enterprises should implement the principle of "encouragement + voluntariness", that is, when enterprises fill in the annual reports, choose whether they have the option of capital verification report and audit report. If so, the enterprise should fill out the name of the accounting firm and the number of the audit report to the public, and whether the audit report should be uploaded is decided by the enterprise itself. < p > in view of whether the enterprises concerned have submitted the audit report, the industrial and commercial departments of Shanghai have made systematic designs: listed companies, state holding companies, enterprises that subscribed more than 10 million yuan of registered capital, and engaged in finance and securities.

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< p > for some people who put forward the annual report information publicity related to the part of the enterprise's assets, it may infringe on the business secrets of enterprises. The Shanghai Free Trade Zone adopted the method of separating the annual report information from the annual report publicity information.

The annual reports submitted include: enterprise assets status (including total assets, total liabilities, total net assets, sales revenue, gross profit, loss, annual net profit, annual tax total amount, outward investment situation, etc.) and the assets condition disclosed by enterprises to society only includes 5 total results: total assets, total liabilities, sales revenue, total profit and loss.

When the enterprise reports online, the system will automatically prompt the enterprise.

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< p > on how to identify enterprises' "unable to get in touch with registered residence (places of operation)", the "management directory for abnormal operation list" formulated by the Shanghai Municipal Industry and Commerce Department is based on reference to Shenzhen's mailing service. It is proposed that the postal service be sent to the industrial and commercial cadres after on-site inspection, and the legal representative (responsible person) is responsible for signing special letters or seals.

In addition, as one of the regulatory matters after the administrative examination and approval, we need to clarify the regulatory requirements for registered residence (business premises).

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< p > on the issue of "error correction" and "objection handling" in the publicity of annual report information, the "error correction" procedure has been set up in article seventh of the annual report publicity method, allowing enterprises to apply for corrections in the market body credit information publicity system once they find that their annual report information is wrong or omissions, and the time for application correction is before the next annual report.

The content of the application for correction does not cover the original information. Instead, the content of the amendment is kept on the basis of preserving the original contents.

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< p > enterprise annual report system and management directory management system will further strengthen the responsibility of the main body of the market, enhance the integrity and self-discipline consciousness of enterprises, and form a situation of "breaking the law everywhere and restricting everything", which is conducive to guiding the market main body to operate in good faith and fair competition, and is conducive to changing the supervision mode of government departments and improving the efficiency of supervision.

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< p > < strong > four, perfecting related matching < a href= "http://www.91se91.com/news/index_c.asp > reform measures < /a >, promoting social co governance" /strong > /p >

< p > the responsible person revealed that the next step is to continue to reform and innovate under the leadership of the municipal Party committee and the municipal government under the leadership of the municipal Party committee and the municipal government under the guidance of the State Council's reform plan of the registered capital registration system and the State Administration for Industry and commerce, and do all the work according to the principle of "convenient, efficient, standardized and unified, wide and strict management", according to the State Council's "reform plan of registered capital registration system" and the State Administration for Industry and Commerce (Shanghai).

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< p > one is to speed up the supporting measures for improving the registration system of registered capital.

We should further deepen the construction of the registration system of enterprises, strengthen the training of personnel, optimize the registration process, reduce the examination and approval procedures, enhance the efficiency of examination and approval, further strengthen the construction of window service standards, and publicized the registration forms and standards of the revised forms and other standards through the registration windows and official websites. We should improve the information system and vigorously promote the whole process of electronic registration management, such as online application, online acceptance, online auditing, online publicity and online issuance, so as to enhance the level of facilitation of the registration system. We should fully judge the situation that the registration application may increase substantially after the implementation of the reform, and take effective measures to improve the quality and efficiency of registration services in an all-round way so as to ensure the timely acceptance of all kinds of registration applications and ensure the smooth pition of management work before and after the reform.

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< p > two is to improve the publicity of credit information of market participants.

To enhance the accuracy of the enterprise registration information published by the business sector, lay the foundation for the construction and development of the credit information publicity system; strengthen the comprehensive analysis and application of the enterprise registration management information, especially strengthen the analysis of the development trend of the enterprises after the comprehensive registration system has been pushed out; find out the rules from the industry, region and scale, find problems, and provide valuable analysis reports for reference and use by the decision-making departments, market players and members of the society.

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< p > three is to strengthen the supervision and management of the main body of the market.

After relaxing market access, we should strengthen supervision afterwards and maintain fair competition.

We should improve the supporting regulatory system, promote the construction of publicity system for credit information of the market participants, accelerate the construction of the legal person database in Shanghai, and improve the mechanism of credit constraint and credit supervision.

We should further strengthen inter departmental collaborative supervision, strengthen market responsibility and social supervision.

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< p > "the day when preferential policies are used up, and the vitality of institutional and institutional innovation is endless.

The ability to innovate in system and mechanism is also the soft power of the region.

As a person in charge of Pudong New Area, Shanghai, said, relying on institutional innovation rather than preferential policies is the biggest feature of Shanghai free trade zone reform.

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< p > the practice of reform of the industrial and commercial registration system carried out in the free trade area attaches importance to system innovation and management innovation. From form to content, it embodies the concept of decentralization and decentralization.

Whether it is "one table declaration, one accepted" business registration service mode, or "negative list" management, and the use of information publicity, information sharing, credit constraints, credit supervision and other means to promote departmental coordination, self-discipline and social co governance, Shanghai's business sector first tried, greatly stimulating the vitality of the market players, highlighting the vibrant vitality of the registered capital registration system reform, and forming the experience that can be duplicated and popularized in Shanghai and even the whole country. It has been affirmed by the State Administration for Industry and commerce, the Shanghai Municipal Committee, the municipal government and the various social circles.

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