The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.

No. 148 [2013] of the State Administration for Industry and Commerce

Shanghai Administration for Industry and Commerce:

Your Request for Approving the Trial Implementation Plan of New Business Licenses in the China (Shanghai) Pilot Free Trade Zone (Hu Gong Shang Wai [2013] No.317) has been received. We hereby reply as follows:

In principle we approve the Trial Implementation Plan of New Business Licenses in the China (Shanghai) Pilot Free Trade Zone, and agree to try out the new business licenses in the China (Shanghai) Pilot Free Trade Zone (“FTZ”).

You shall, based on the requirements as stated in the Framework Plan for the China (Shanghai) Pilot Free Trade Zone, take the FTZ's actual situation into account, further strengthen the organization and leadership, improve the registration rules, and enhance subsequent supervision. You shall make efforts to build a market environment which is beneficial for the healthy development of various enterprises in the FTZ and the stability and orderliness of the market, in order to gain experience which can be replicated and applied elsewhere at an early date, and provide high quality services for the healthy development of enterprises.

If any new cases or problems arise in regard to the trial implementation of the new business license scheme in the FTZ, please report in a timely fashion to the foreign capital registration bureau of the State Administration for Industry and Commerce.

Attachment: Trial Implementation Plan of New Business Licenses in the China (Shanghai) Pilot Free Trade Zone

State Administration for Industry and Commerce

Thursday, September 26, 2013

Attachment

Trial Implementation Plan of New Business Licenses

In the China (Shanghai) Pilot Free Trade Zone

For the purpose of promoting the pilot reform of the industry and commerce registration system in the China (Shanghai) Pilot Free Trade Zone ("FTZ”), standardizing business licenses for all types of enterprises, creating a business environment with fair competition, improving the efficiency of industry and commerce registration, we formulate the following trial plan of a new business license template with due regard to the actual needs of the FTZ.

Types of new business license and the scope of application

Except for Business Licenses for Specialized Cooperatives of Farmers as Legal Persons and Business Licenses for Individual and Commercial Households, all types of enterprise business licenses will adopt the same form, i.e. Enterprise Business License in the China (Shanghai) Pilot Free Trade Zone (“FTZ Business License”).

    The FTZ Business License is applicable to companies and branches, non-corporate enterprises and their branches, sole proprietorships and their branches, partnerships and their branches, non-corporate Sino-Foreign cooperative joint ventures, foreign enterprises engaging in production and operation activities in China, registered in the FTZ.

Content of new business license

National emblem of the People’s Republic of China is printed on the upward side of the original PTZ Business License.
“Registration Number” shows under the name of the FTZ Business License. The registration number is generated in accordance with relevant regulations and standards of the State Administration for Industry and Commerce. “China (Shanghai) Free Trade Zone” will be labeled after the “Registration Number”.
The FTZ Business License is left blank in the contents area to record items and contents that are automatically typed and printed by the system in accordance with different types of enterprises. For companies subject to the subscription registration requirements, the wording “(Subscription, shareholder’s responsibility is limited to his/her subscribed capital contribution or shares)” will be added in the Registered Capital item. For companies subject to the paid-in capital registration requirements, the wording “(Paid-in)” will be added in the Registered Capital item. The paid-in capital will not be recorded on the business license. Items on business licenses for other types of enterprises remain unchanged.
The seal of the registration authority is stamped on the lower right of the FTZ Business License. “Year Month Day” shows below the seal, which indicates the last registration date.
The wording “Production is supervised by the State Administration for Industry and Commerce of the People’s Republic of China” is printed at the lower right of the FTZ Business License.
“Notice” is printed at the bottom of the supplementary copy of the FTZ Business License. Its contents include: “1. This Enterprise Business License certifies the subject qualification and lawful operation of an enterprise. 2. This Enterprise Business License is issued in original and supplementary copy with the same legal validity.

Format of new business license

    (I) The FTZ Business License is issued in original and supplementary copy, both in portrait orientation. The original is in standard A3 size (420×297mm) while the supplementary copy is in standard A4 size (297×210mm). The supplementary copy of the FTZ Business License has the wording “(Copy)” labeled under the name of the license and has an additional “Notice” item. Other contents are the same as the original.

    (II) The FTZ Business License applies anti-counterfeiting shading design and is printed on water marked paper.

Explanation on other special registration licenses

Considering the particularity of the representative offices of foreign (regional) enterprises and the corporate groups, the registration licenses for the above entities and organizations remain unchanged in the current form.

Provided by Lawyers Working Committee of Pudong New Area