Interpretation of the impact of the State Administration for Market Regulation’s improvement of the simple enterprise cancellation registration reform on the cancellation of enterprises in Shenzhen

126th of the month，The State Administration for Market Regulation issued the "Notice on Carrying out the Pilot Work on Further Improving the Reform of Simple Deregistration of Enterprises" (hereinafter referred to as the "Notice")。Efforts will be made to resolve the limited scope of application of simple deregistration reported by enterprises.、Announcement time is too long、Problems such as low fault tolerance rate in the registration process，Further explore and improve the reform of simple enterprise cancellation registration。

According to the "Notice"

Require

，The pilot areas should officially launch the pilot before the end of January 2025，The enterprise cancellation process will be further simplified，Logout time will also be further compressed。This is undoubtedly very good news for companies that are not operating and have no debts or liabilities.。

Pilot area：Beijing、Baodi District, Tianjin City、Hangzhou City and Ningbo City, Zhejiang Province、Wuhu City and Bengbu City, Anhui Province、Quanzhou City, Fujian Province、Ganzhou City and Jiujiang City, Jiangxi Province、Jinan City and Rizhao City, Shandong Province、Henan Pilot Free Trade Zone、Hubei Pilot Free Trade Zone (Yichang Area) and Wuhan East Lake New Technology Development Zone、Yueyang City, Hunan Province、Nansha District, Guangzhou City, Guangdong Province、Shenzhen City、Zhuhai City and Dongguan City、Fangchenggang City, Guangxi Zhuang Autonomous Region、Hainan Province、Chengdu City, Sichuan Province and Sichuan Pilot Free Trade Zone (South Sichuan Lingang Area)、Dazu District and Shapingba District, Chongqing City、Guiyang City, Guizhou Province、Xianyang City, Shaanxi Province。

Expanding the scope of application of simplified enterprise cancellation registration Market supervision departments in pilot areas should further expand the scope of application of simplified enterprise cancellation registration，Failure to carry out business activities after obtaining a business license、Unlisted joint-stock companies that have not incurred any claims or debts or have completed the liquidation of claims and debts before applying for deregistration、Various corporate branches，Simple deregistration procedures for applicable enterprises。

For farmers’ professional cooperatives and their branches that meet the above conditions，Refer to the simplified deregistration procedures for applicable enterprises。It is recommended that a non-listed joint-stock company apply for simple deregistration by submitting simple materials for deregistration.，You only need to submit the "Application Form", "Authorization Letter of Designated Representative or Joint Agent", "Commitment Letter of All Sponsors" and the official business license.、copy。

Various types of enterprise branches apply for simple deregistration，You only need to submit the "Application Form" and "Power of Attorney for Designated Representative or Joint Agent"、The "Letter of Commitment" stamped by the enterprise and the correct business license、copy。

Further shortening the announcement time for simple enterprise deregistration in pilot areas should be based on the "Guiding Opinions"，The time for announcement of simple enterprise deregistration is shortened from 45 days (natural days) to 20 days (natural days)，Within 30 days (natural days) after the expiration of the announcement period，Enterprises should apply to the registration authority for cancellation of registration。

Establish a fault-tolerant mechanism for simple enterprise cancellation. Enterprises apply for simple cancellation registration.，After review by the registration authority, there are "listed companies with abnormal business operations"、“There is equity (investment interest) frozen、Pledge or chattel mortgage, etc.”、"The unincorporated branch of the enterprise has not been deregistered" and other cases where the simple deregistration procedure is not applicable，After the abnormal state disappears，Enterprises should be allowed to apply for simple deregistration again in accordance with the procedures。

For the text of the letter of commitment、Companies that fill in irregular forms，The registration authority will accept the simple cancellation application after the enterprise has made corrections.。Further strengthen the work connection with the judicial department. Market supervision departments in pilot areas should further strengthen communication and cooperation with the people's courts.，Where the People's Court rules on compulsory liquidation or declares bankruptcy，Relevant enterprises may apply to the registration authority for simple deregistration.，No need to go through the simple cancellation announcement procedure。

For enterprises that provide false materials to defraud simple deregistration，Relevant interested parties may rely on the "Supreme People's Court's Regulations on the Application of<公司法>Provisions on Certain Issues (2)"，Apply to the People's Court to protect one's legitimate rights and interests。

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