Some implementation opinions on promoting the transformation of economic development mode
In order to thoroughly implement Scientific Outlook on Development, establish a new system and mechanism of market supervision and management that is in line with international standards and meets the requirements of market economy development, create a good environment for enterprise development and promote the transformation of Shenzhen's economic development mode, according to the Decision of Shenzhen Municipal People's Government on Accelerating the Transformation of Economic Development Mode (Shenfa [20 10] 12) and the Opinions of Shenzhen Municipal People's Government on Further Encouraging and Guiding Social Investment,
1. Support and promote the standardization and development of e-commerce market. Pilot the establishment of a business secretary enterprise, and e-commerce operators without office entities can register with the residence or office area of the business secretary enterprise they trust as the enterprise residence. It is allowed to register personalized enterprise names, and e-commerce operators can use personalized words including Chinese domain names as the font size (trade name) of enterprise names on their own websites. It is allowed to use words that better reflect the characteristics of e-commerce operation or industry as the industry expression of enterprise name.
Two, support the upgrading of processing enterprises. For the processing enterprises that conform to the national industrial policy and the industrial development direction of our city, if they plan to be transformed at the same registered address, two enterprises with different names and properties before and after the transformation are allowed to coexist at one address within one year; After the transformation, the business scope and business premises of the raw material processing factory have not changed, and the relevant departments shall handle the replacement procedures within the validity period. For processing enterprises with supplied materials that cannot be transformed and upgraded as scheduled due to practical operational difficulties, the operating period is allowed to be extended to 20 12 12 3 1, so that all departments can actively study policies and guide enterprises to transform into foreign-invested legal persons or foreign-invested partnerships.
Third, support the development of emerging industries. Support strategic emerging industries such as biology, new energy and Internet to become stronger and bigger. For projects that do not involve pre-approval, the business scope that can reflect the characteristics of its industry and service can be flexibly approved according to the application of the enterprise; Does not involve the national economy and people's livelihood, public safety and people's lives and property safety, and laws, regulations and the State Council decisions do not explicitly require pre-approval, and actively try to approve new industries.
Fourth, support the listing of local high-quality enterprises. Adhere to the principle of seeking truth from facts and respecting history, support high-quality enterprises to straighten out property rights relations, support enterprises to improve registration defects caused by historical reasons, actively coordinate relevant departments to solve various problems encountered in the operation of enterprises, and promote them to meet the relevant regulations on listing. Where an unlisted joint stock limited company is allowed to amend its articles of association due to the change of non-promoters, it shall be registered for the record. The registration of joint-stock companies to be listed will be carried out as soon as possible.
Five, support major projects and corporate headquarters in Shenzhen. For major projects introduced by the relevant departments of the municipal government, the enterprise registration department should intervene in advance, assign a special person to be responsible for the whole process of tracking services, guide enterprises to do all the preparations for industrial and commercial registration, and provide personalized, high-quality and efficient services for enterprise registration. For industries that have a long preparation period and do not involve the safety of life and property, a business license for preparation can be issued. Unless expressly stipulated by laws and regulations, the business scope, name and other registered items can be flexibly approved according to the application of the enterprise.
Six, encourage enterprises to implement group management. Further relax the registration conditions of enterprise groups. If the registered capital of the parent company reaches150,000 yuan, and there are more than three subsidiaries, and the total registered capital of the parent company and subsidiaries reaches 30 million yuan, enterprise groups are allowed to be established. The name of a subsidiary may be preceded by the name of an enterprise group or abbreviation.
Seven, encourage the diversification of the use of foreign capital, optimize the structure of foreign capital. Actively support the development of foreign-invested partnerships; Relax the restrictions on foreign-invested enterprises and allow qualified China citizens to establish joint ventures and cooperative high-tech enterprises with overseas natural persons or enterprises as natural persons; Foreign (regional) investors are allowed to acquire domestic enterprises whose shareholders are China citizens.
Eight, improve the registration of for-profit medical institutions. In order to cooperate with the reform of medical institutions in our city and support the healthy development of private medical institutions, those who independently bid for for-profit medical institutions are allowed to register for industry and commerce.
Nine, the use of modern technology to promote economic restructuring. Actively coordinate relevant departments, make full use of modern technology to realize information interconnection, enjoy electronic monitoring system based on Shenzhen government information resources, and establish an information sharing platform.
Ten, the trial registration method of separation of enterprise legal person domicile and business premises. Actively explore the separation system of corporate domicile and business premises in trade, consulting, planning, e-commerce, design, scientific and technological development and other industries. Enterprise registration only needs to provide proof that the applicant has the right to use the residence, and no longer examines the legal use and use function of the site. The domicile is the place where the legal documents of the legal person are served and the judicial administrative jurisdiction determines. When conditions are ripe, all industries will fully promote the implementation.
Eleven, relax the registration conditions of enterprise domicile or business premises. For houses temporarily unable to provide valid property right certificates, institutions, departments and units such as the District People's Government (New District Administrative Committee), neighborhood offices, neighborhood committees, community workstations, park administrative committees (industrial parks and science parks), market start-up management units, property management companies, etc. You can issue a certificate of the use of the place where you agree to engage in business activities, and the operator can directly apply for registration on the king with the certificate of the use of the place. This certificate is only used as the certification document of the registration place, not as the basis for compensation for house demolition. If such business premises involve expropriation or demolition by the government according to law, the operator should take the initiative to change the address or cancel the registration, otherwise it will be regarded as no business premises and will be dealt with according to law.
Twelve, try to register an address as the residence of several companies. In equity investment, e-commerce secretary, fund management and other industries, as well as "technology business incubator" enterprises recognized by the municipal science and technology department, one address can be registered as the residence of several companies on a trial basis. When the conditions are ripe, it will be fully promoted and implemented in various industries.
Thirteen, allow enterprises to choose whether to apply for a branch business license. If an enterprise adds a fixed place outside its domicile to engage in business activities, it may choose to set up a branch separately, or it may directly register the added business place in the business license of affiliated legal person without applying for a branch license separately. However, if an enterprise engages in pre-licensed business projects in the fixed place of newly-added branches, its place must meet the corresponding conditions stipulated by laws, administrative regulations and the State Council decisions, and the business place shall go through the registration of the establishment of branches.
Fourteen, the trial limited liability company registered capital subscription system. The registered capital subscription system is tried out in our e-commerce and Internet company and Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone, that is, the company clearly records the amount of capital contribution, the form or method of capital contribution and the legal liability of capital contribution in its articles of association, without submitting a capital verification report. We will fully implement the system of pricing non-monetary property through shareholder consultation. Where the shareholders contribute their capital in kind, intellectual property rights, land use rights and other property rights, all shareholders shall negotiate pricing, submit a confirmation letter of negotiated pricing signed by all shareholders, and all shareholders shall issue a commitment to bear joint and several liabilities for the company's debts. In addition, for those who can verify the registered capital of the company and confirm that the registered capital is in place in the electronic monitoring system of Shenzhen municipal government information resources, no capital verification report is required. When conditions are ripe, all industries will fully promote the implementation.
Fifteen, support investors to set up enterprises with their own non-patented technology. The implementation of non-patented technology investment registration, support investors with their own non-patented technology, including technical knowledge, experience, information, technical solutions, technical know-how, and other undisclosed, practical value, with appropriate safety measures owned by the owners, to invest in limited liability companies and joint stock limited companies.
Sixteen, the trial registration of enterprise creditor's rights. Formulate the registration method of enterprise's creditor's rights contribution, and further broaden the mode of enterprise's registered capital contribution. Investors are allowed to apply for registration by converting their creditor's rights to the company or a third party into capital contributions to the company.
Seventeen, allow enterprises to extend the period of registered capital contribution. Enterprises operating in accordance with the law, due to force majeure, government policy adjustment and other special circumstances, resulting in difficulties in capital contribution, according to the application of all its shareholders and make corresponding written commitments, allowing them to extend the capital contribution period, but the extension period shall not exceed 2 years.
Eighteen, support college graduates, laid-off workers to start businesses, and try out the "zero down payment" of registered capital. College graduates and laid-off workers with Shenzhen household registration who apply for the establishment of a limited liability company with a registered capital of less than 654.38+10,000 yuan (except one-person limited liability company) may be exempted from paying the initial registered capital upon the written commitment of the investor, and may be exempted from paying the capital verification report when registering, but the registered capital must be paid in full within the time limit stipulated in the Company Law.
Nineteen, relax the restrictions on the registration conditions of not using industry categories in enterprise names. The registered capital is more than 50 million yuan, and the nature of the enterprise's economic activities belongs to more than three categories of the national economy. Unlike the Chinese characters in the names of enterprises approved or registered in our city, the names are allowed to express the industry or business characteristics of enterprises without using the terms of the categories of the national economy.
Twenty, allow the prominent use of enterprise names. Enterprises invested by corporate shareholders can highlight the font size and put it before the administrative division.
Twenty-one, the business license is not allowed to record the abbreviation of the enterprise name. In order to expand the visibility of the enterprise and highlight its name, the enterprise may choose to record its name and abbreviation in its business license.
Twenty-two, expand the scope of use of enterprise names with the words "Shenzhen". Sole proprietorship enterprises and partnership enterprises are allowed to use "Shenzhen" as the administrative division in their names, and these enterprises are allowed to voluntarily choose whether to be crowned with the administrative division of their jurisdiction.
Twenty-three, the implementation of centralized registration of enterprise names, the implementation of electronic name certificates. The implementation of the city's enterprise name online declaration, centralized approval; Make use of the information resources of Shenzhen municipal government, enjoy the electronic monitoring system or the extranet of market supervision bureau to check the enterprise name registration information, realize the sharing of enterprise name registration information among various departments, and implement the electronic name certificate; Suspend the collection of all enterprise name pre-approval fees.
Twenty-four, guide individual industrial and commercial households with a certain scale of operation to "upgrade and transform" and develop into enterprise management. Encourage private enterprises and individual merchants to participate in the reorganization and restructuring of state-owned collective enterprises through mergers and acquisitions, holding and equity participation. Wholly-owned enterprises, partnerships and individual industrial and commercial households are allowed to retain their original brand names if they apply for restructuring and setting up companies to expand their business scale. Allow individual industrial and commercial households to change their operators as needed. If the business premises remain unchanged and the relevant pre-approval documents are still within the validity period, the operator does not need to submit the pre-approval documents related to the business premises when changing the registration.
Twenty-five, support the upgrading of various commodity markets (including farmers' markets and professional markets). For stalls (including independent stores) operating in legally registered commodity markets, operators are allowed to independently choose whether to apply for business licenses separately. Business projects operated by operators in the market must be approved according to laws and regulations or the State Council's decision, and business activities can only be carried out after approval is obtained. The unified operation behavior in the commodity market is managed by the market start-up unit, and the market start-up unit shall bear relevant responsibilities according to law.
Twenty-six, temporary professional operators with the license issued by the relevant departments, into the scope of urban comprehensive law enforcement management, without a business license. If a business license has been issued, it may not be extended or changed after its expiration.
Twenty-seven, cancel the validity of the business license. The registration authority will no longer approve the validity period of the business license when handling the registration. If the validity period of the license issued according to the policy of clearing and lifting the ban has expired and other registered items have not changed, the applicant can directly apply for the registration of the change license. The applicant does not need to submit other documents, just sign the application form for the change license, and the fee is free.
Twenty-eight, support the standardized development of the catering service industry. Small catering business units are not required to submit hygienic evaluation reports for the completion and acceptance of construction projects when handling catering service licenses. Under the condition of meeting basic functions and ensuring food safety, the kitchen area of snack bars and beverage shops such as herbal tea and syrup can be free from the restriction of more than 8 square meters. Small restaurants can be equipped with more than 2 fixed special food raw material washing pools and 1 fixed special tableware washing pools; Joining snack bars can set up more than 1 fixed special food raw material cleaning pools and more than 1 fixed special tableware cleaning pools. If it is impossible to set a fixed special tableware cleaning pool, disposable tableware or centralized disinfection tableware that meets food safety requirements can be used. Small Chinese fast food restaurants can be equipped with closed food sales cabinets with heating or cooling functions.
This opinion is interpreted by the Municipal Market Supervision Administration.