In recent years, "mass entrepreneurship and innovation" have become a booster for enterprise development and industrial transformation and upgrading, "double innovation" has become a buzzword all over the motherland, and the country has a wave of "double innovation". Enterprise innovation is inseparable from policy support. Recently, the Xiamen area of the Fujian Pilot Free Trade Zone has also introduced innovation policies to help enterprises develop.
The reporter learned from the Free Trade Zone Management Committee that since the establishment of the Xiamen Area of the Pilot Free Trade Zone, the reform of the corporate commercial registration system has been continuously promoted, and the centralized registration system has effectively reduced market access thresholds and reduced corporate operating costs. By the end of 2017 , Xiamen Free Trade Zone has more than 33,000 new enterprises than before listing.
In order to further create a legal, international, and convenient business environment in the Xiamen area, the Free Trade Zone Management Committee recently launched "Allowing the domicile of law firms to be the place for centralized registration of enterprises" and "Free Trade Zone Enterprise Legal Documents" The two new measures of “entrusted service mechanism” have found a balance between “lenient entry” and “strict management” of enterprise access.
1. What is a centralized registration system?
The centralized registration system means that the government allows enterprises with specific business scopes. When applying for the establishment of an enterprise, the enterprise can choose to use the designated place provided by the government for registration, instead of submitting other place certification materials. Compared with a series of ownership certification documents that traditional enterprises need to rent, submit real estate certificates, and use certificates when registering, this system greatly reduces the rent cost of start-ups, breaks the resource bottleneck of start-up venues, and reduces The entry barrier for market entities has been improved, and the public’s enthusiasm for investment and entrepreneurship has been increased.
However, because the centralized registration system is an institutional innovation, and the country has just started its pilot program, during the implementation process, due to the lowering of enterprise entry barriers and the imperfect regulatory system, there have been criminals taking advantage of the loopholes in centralized registration management. Financial fraud and other issues.
2. What are the advantages of allowing the domicile of a law firm to be a centralized registration place for enterprises?
The reporter interviewed the Fujian Zihui Law Firm, which has obtained this qualification. The lawyer Chen Hongyi of the firm said: "From the perspective of enterprises, the domicile of law firms is allowed to be the place of centralized registration of enterprises, and enterprises can choose law firms voluntarily The address is used as a certificate of registration place, which solves the problem of registration of enterprises, especially foreign-funded enterprises, in the free trade zone, and facilitates the introduction of enterprises. Secondly, law firms can also use their professional advantages to provide registration agents, entrepreneurial guidance, business secretaries, and law Assist and other full-process tracking services to further promote the legal and standardized operation of enterprises."
From the perspective of the development of the free trade zone, compared to the centralized registration system that designates a certain address as the registration place, the domicile of law firms as the centralized registration place of enterprises is conducive to strengthening the centralized registration management of enterprises and standardizing centralized registration Use of venues to improve the existing supervision system. With the assistance of the law firm, through pre-prevention methods, criminals have no loopholes to drill, and to a certain extent, the emergence of financial risks can be prevented. When companies enter the free trade zone, they can both achieve "wide advancement" and Realize "strict management." The relevant person in charge of the Free Trade Zone Management Committee stated: “As the main supervisory party, the Free Trade Zone Management Committee will establish and improve inspection and supervision mechanisms while providing protection for law firms’ centralized registration work. Work regularly or irregularly to ensure that centralized registration management is in place"
If the centralized registration system of law firms is a pre-prevention system, then the entrusted service mechanism of legal documents is a supporting system for in-process and post-event supervision. In order to further promote the construction of the rule of law in the free trade zone, innovate legal services, and solve the problem of difficult delivery of legal documents for enterprises in the free trade zone, combined with the new measures of the free trade zone commercial system reform, the free trade zone management committee, the people's court of huli district, fujian According to the joint investigation and research conducted by Zihui Law Firm, the parties involved in the free trade zone are enterprises that are "registered in the zone and operated outside the zone", and there is a common problem of difficult delivery. Under the guidance of relevant policies, laws and regulations, the Free Trade Zone Management Committee The meeting, the People’s Court of Huli District, and Fujian Zihui Law Firm reached the "Memorandum of Cooperation on the Entrusted Delivery Mechanism of Legal Documents for Enterprises in the Free Trade Zone".
1. What is the entrusted service mechanism of legal documents
The mechanism of entrusted service of legal documents means that newly registered enterprises or established enterprises in the free trade zone can voluntarily choose the law firm to collect legal documents at a specific time, and the law firm serves as the address of the legal document, and then the law firm will list the companies Report to the Huli District People’s Court for the record. The court can deliver legal documents to the law firm by mail or direct service. After receiving the legal documents, the law firm will serve the legal documents in the manner agreed upon with the company, and promptly deliver the The Li District Court gave feedback on the service results of the legal documents.
2. What are the advantages of establishing an entrusted delivery mechanism for corporate legal documents in a free trade zone?
The proposed mechanism of entrusted service of legal documents for enterprises in the free trade zone can effectively solve the problems of "in-area registration and operations outside the zone" and the difficulties in service of legal documents for enterprises whose registered place is not consistent with the actual business place. As an important part of the reform of the commercial registration system, the entrusted service mechanism can effectively promote the integration and sharing of judicial and government data and improve the efficiency of service. The "Memorandum of Understanding on the Entrusted Service of Legal Documents of Enterprises in the Free Trade Zone" passed the Huli Court as a pilot unit, which is conducive to the formation of a demonstration effect. Since then, other relevant administrative organs' legal documents can also solve the service problem in this way.
This reform draws on the mature experience of the Hong Kong Special Administrative Region using law firms as the address for corporate communications and legal documents, and is conducive to promoting the Xiamen area to further standardize international rules. Currently, Shanghai, Dalian and other regions have begun pilot projects.