Rules of Shenzhen Special Economic Zone on Commercial Registration

Article 31 The system of directory of business anomaly shall be implemented.

Where a commercial entity falls in any of the following circumstances, it shall be removed from the commercial register, written down in the directory of business anomaly, and brought into the credit supervision system:

(1)The entity fails to submit the annual report on time;

(2) The entity fails to be contacted through the registered domicile or place of business.

The commercial registration authority shal

l, through the information platform prescribed in Article 36 of these Rules, inform the commercial entity of the facts, reasons and basis of the decision that it shall be written down in the directory of business anomaly, and inform it the rights according to law before making the decision.

The information on the investors, persons in charge, directors, supervisors and senior managers who are personally responsible for the commercial entity to be written down in the directory of business anomaly shall be brought into the credit supervision system.

Article 32 Where the period that a commercial entity is in the directory of business anomaly does not exceed 5 years and the facts and reasons that led it to be written down in the directory disappears, the entity may apply for registration restoration; the commercial register authority shall remove it from the directory and restore registration in the register after examination and verification.

Article 33 Where a commercial entity falls in any of the following circumstances, it shall be written in the directory of business anomaly permanently, its registration in the register shall not be restored, and its title shall be replaced by the register number:

(1) The period that the commercial entity is in the directory of business anomaly exceeds 5 years;

(2)The entity violates the provisions on the management of enterprise title registration, and does not make corrections in time after being ordered to remedy its errors by the commercial registration authority.

Article 34 Where a commercial entity is written down in the directory of business anomaly permanently, the entity, its investors, persons in charge, directors, supervisors, and senior managers shall undertake the related legal liability according to law.

Article 35 Where a commercial entity refuses to accept the decision made by the commercial registration authority to write it down in the directory of anomaly or to write it down in the directory of anomaly permanently, it may apply for administrative reconsideration or bring an administrative lawsuit.

Where it is wrong to write down a commercial entity in the directory of anomaly or to write it down in the directory of anomaly permanently, the commercial registration authority shall withdraw the relevant decision, and restore registration in the register.

Article 36 The Municipal Government shall establish a uniform information publication platform of registration, permit, approval and credit of commercial entities (hereinafter referred to as “the Information Platform”), through the electronic monitoring sharing system of government information resources, to release information on commercial registration, permit and approval items and their supervision.

The relevant departments of the municipal government shall realize the mutual exchange and sharing of information according to the principles of demand orientation, supplier response, negotiation confirmation, uniform standard, security safeguard and free sharing.

Article 37 The commercial registration authority shall publish the following information through the Information Platform:

(1) Information on commercial entity registration; 

(2) Information on commercial entity filing;

(3) Information on submission of annual reports by commercial entities;

(4) Information on commercial entities that are written down in the directory of anomaly or written down in the directory of anomaly permanently;

(5) Information on commercial entity supervision.

The relevant departments of the Municipal Government shall publish the following information through the Information Platform:

(1) Information on permit and approval items;

(2) Information on supervision of permits and approvals.

Article 38 A commercial entity shall promise the authenticity of the declarations and the materials submitted; where it practices fraud, it shall be brought into the credit supervision system.

Where there is a violation of these Rules by a commercial entity, the commercial registration authority, the administrative permit approval department or other relevant departments shall investigate and handle the violation according to these Rules and provisions of relevant laws and regulations.

Article 39 Where the commercial registration authority, the administrative permit approval department or other relevant departments and their staff member fail to perform duties in violation of these Rules, sanctions shall be imposed on the directly responsible persons in charge and other directly responsible persons; if a suspected crime is constituted, the case shall be transferred to judicial organs to be handled according to law.

Article 40 Commercial entities shall apply for issuance of new business licenses to the commercial registration authority within 1 year from the date of coming into effect of these Rules. The specific measures shall be formulated by the commercial registration authority separately, and shall come into effect at the same time as these Rules.

Article 41 The districts referred to in these Rules shall include the new administrative districts of Guangming, Pingshan, Longhua and Dapeng.

Article 42 The Municipal Government shall formulate detailed rules pursuant to these Rules.

Article 43 These Rules shall take effect as of March 1st, 2013.

（This English version is only for reference. To learn more, please refer to the authoritative Chinese version.）