The Registration Process Simplifies The Place Name And Loosening The Name.

As of March, the Guangdong Province Commercial Registration Ordinance (hereinafter referred to as the "Regulations") will be formally implemented by the twenty-first session of the Standing Committee of the twelfth Guangdong Provincial People's Congress.

A few days ago, the Guangdong industry and Commerce Bureau carried out an in-depth interpretation of the regulations.

It is understood that the Ordinance is China's first commercial registration of local laws and regulations, and its formulation has become a good news to optimize the local business environment.

After the implementation of the regulations, the entrepreneurs will get the convenience of registration residence restrictions, the whole process of electronic registration and so on.

For a long time, the management of the domicile registration of commercial entities is rather complicated, which is one of the key issues to be solved in the reform of commercial system.

In Guangdong Province, especially in the Pearl River Delta region,

The total volume and density are high, the resources of places are relatively insufficient, and the cost of residential use is high, which has become one of the factors that restrict the growth of the total volume of commercial entities.

On the other hand, accommodation restrictions can not be "let go".

From the perspective of maintaining the order of social management, we need to make reasonable restrictions on the conditions of residence registration.

The relevant person in charge of the Guangdong industry and Commerce Bureau introduced that the regulations fully take into account the above situation, combined with the actual situation in various parts of the province, stipulates in detail the contents of deepening the reform of the commercial main residence (business place), simplifies the registration procedures, relaxes government control, and gives the power to the people's government at the prefecture level, so as to maximize the release of the resources of the premises.

For example, the seventeenth clause and the second paragraph of the regulations are: "the use of private property shall produce the property right certificate; the use of a non self owned property is proved to be the owner's house property right certificate and the lease agreement or the certificate of free use.

The relevant certificates issued by the local people's government or its dispatched offices, the administrative committees of various economic functional zones, the residential (Village) people's committees, and other units that have not obtained the proof of the housing property rights can be used as proof of use.

According to the analysis, the above provisions are the embodiment of loosening government control.

Theoretically, the place of residence and the place of business are to determine the place of registration and jurisdiction of the commercial subject and the place where the legal documents are served.

Therefore, residence, business premises should be housing, which is the basic requirement, and housing should have property ownership certificate.

However, due to the very complex nature of the real estate in our country, because of historical problems, some houses do not have property certificates, and some parts of the houses such as the urban and rural joints are not clearly defined because of their property rights.

The provisions of this section on the proof of use of residence and place of operation fully take into account the above circumstances, and specify the specific form of three kinds of proof of use.

Therefore, this provision is not required to obtain the proof of the property rights of the housing units, and submit the certificates issued by the relevant units. The requirements are very low, reflecting the principle of putting everything into full play.

Prior to that, Guangdong also allowed a certain range of implementation.

In order to reduce the market access costs, the commercial entities of the emerging formats have lower market access costs for the less demanding trade and Internet plus industries.

However, in the process of implementation, there are various problems such as nuisance, security risks and so on.

"Before the implementation of the whole system of online registration of commercial system reform, there is no legal basis for electronic certificates and electronic signatures, which has hindered the reform process."

Provincial Industry and Commerce Bureau responsible person.

The regulations, which came into effect on March 1st, for the first time stipulated electronic commercial registration at the legal level, and determined the "three equal legal effects".

Specifically, "electronic documents with electronic signatures, electronic files and paper form materials have the same legal effect". "Electronic signature involved in whole process electronic registration has the same legal effect as handwritten signature or seal".

In addition, in the electronic registration, the applicant can use the signature of e-government e-Cert or the commercial e-Certificate of bank U shield.

In this way, enterprises do not have to apply for e-government certificates specially for electronic signatures, which effectively reduces the cost of enterprises.

The regulations also deepen the reform of commercial subject names for the first time at the legal level.

The first is to relax the name restrictions and release the name resources.

For example, after the implementation of the Ordinance, "Guangdong Vanke Real Estate Co., Ltd." can be registered as "Vanke (Guangdong) Real Estate Co., Ltd.".

In terms of branches, we can use the name of "Guangdong first branch company" and "company Guangdong second branch".

In simplification

In terms of links, all companies should pre approve the names before the implementation of the regulations.

After the implementation of the regulations, it should be reduced to two situations: the first is the establishment of a commercial subject involving pre licensing matters; and the two is that the approval of enterprise names and the registration of enterprise establishment are not in the same organ.

In addition to the above two mandatory requirements, the business owners can voluntarily apply for pre approval of names, and expand the scope of the business without prior approval.

What is worth looking forward to is that the regulations put forward the gradual implementation of the name self declaration and the implementation of the commercial registration delisting system.

Guangdong industry and Commerce Bureau introduced that the regulations take full account of the above situation, and authorized the people's government at or above the prefecture level to stipulate whether the right to live and change business shall be implemented.

Among them, the prefecture level city of Guangdong province must implement the policy of living and changing business, and must have the specific regulations of the local municipal government.

In addition, registration and management requirements should be formulated at all levels in order to implement the listing rules.

In addition, planning, environmental protection, fire protection, sanitation, building quality and other requirements concerning the use function and nature of residence and place of operation are incorporated into the registration and supervision of the domicile of the commercial main body before the implementation of the Ordinance. It is required that the registration authorities check the registration at the time of registration, so that the registration personnel should not only examine the use certificate, but also examine the use function and nature requirement of the place, conduct on-site verification, and the applicant shall be investigated.

After the implementation of the regulations, the applicant shall submit the proof of use for the place when applying for registration. The registration authority only needs to examine the form of the use certificate, do not need to review the use function and nature requirement of the place, and do not need to conduct on-site verification of the place.