Cluster registration of corporate residences and general entrusted delivery of legal documents. In the future, enterprises in the Xiamen Free Trade Zone can enjoy more such judicial guarantees and legal services! These new judicial convenience measures launched by the Xiamen area of the Free Trade Zone will be implemented one after another.
Yesterday afternoon, the Xiamen Free Trade Zone Management Committee, Xiamen Intermediate People's Court, Municipal Procuratorate, and Municipal Justice Bureau held a strategic cooperation agreement signing and unveiling ceremony for judicial guarantee and legal services at Xiamen International Shipping Center. Ni Chao, Member of the Standing Committee of the Xiamen Municipal Party Committee and Director of the Management Committee of Xiamen Free Trade Area, Zhou Jiahai, Deputy Director of the Supreme People’s Court Research Office, Ou Yanfeng, Vice President of Fujian Higher People’s Court, Wang Chengquan, President of Xiamen Intermediate Court, Huang Yanqiang, Chief Prosecutor of the Municipal Procuratorate, Municipal Justice Bureau Director Ye Yongyi attended the signing ceremony. Xiamen Free Trade Zone Party Working Committee Secretary Xiong Yanliang, Deputy Directors Zhao Xiaobo and Chen Min, Huli District Committee Member and Secretary of the Political and Legal Committee Zhong Weidong, Huli Court President Gao Biqing, Huli Procuratorate Wu Huafeng, Xiamen Free Trade Zone Market Supervision Administration Director Lin Minhui, director of Fujian Zihui Law Firm and others attended the ceremony.
Before the signing ceremony, all parties had discussions and exchanges. Ni Chao, Member of the Standing Committee of the Municipal Party Committee and Director of the Free Trade Zone Management Committee, and Ou Yanfeng, Vice President of the Provincial Higher People's Court, delivered speeches at the opening ceremony.
Witnessed by the leaders of all parties, Chen Min, Deputy Director of the Management Committee of Xiamen Free Trade Area, Wu Lixue, Vice President of Xiamen Intermediate People’s Court, Zhang Shangqing, Deputy Procurator of Xiamen Municipal People’s Procuratorate, and He Juying, Deputy Director of Xiamen Municipal Bureau of Justice were first represented. The four parties signed the "China (Fujian) Pilot Free Trade Zone Xiamen Area Judicial Security and Legal Services Strategic Cooperation Agreement."
Then, Dai Bin, Director of the Policy and Regulation Bureau of the Management Committee of Xiamen Free Trade Zone, Gao Biqing, President of the People’s Court of Huli District, Wu Huafeng, Procurator of the People’s Procuratorate of Huli District, and Luo Shuguang, Vice President of the Xiamen Lawyers Association, signed the "China ( Fujian) Strategic Cooperation Agreement on Judicial Protection and Legal Services in Xiamen Area of Pilot Free Trade Zone.
Afterwards, Cao Zhengyu, Director of the Comprehensive Supervision and Enforcement Bureau of the Management Committee of Xiamen Free Trade Zone, Gao Biqing, President of the People’s Court of Huli District, and Lin Minhui, Director of Fujian Zihui Law Firm, signed the "China (Fujian) Pilot Free Trade Zone Xiamen Area Legal Documents General Memorandum of Cooperation on Entrusted Delivery Mechanism.
Finally, Lin Zhenya, Director of the Economic Development Bureau of the Administrative Committee of Xiamen Free Trade Zone, and Lin Minhui, Director of Fujian Zihui Law Firm, signed the "China (Fujian) Pilot Free Trade Zone Xiamen District Enterprise Residence Cluster Registration Framework Agreement."
The content of the agreement mainly involves improving the comprehensive legal service system of the Xiamen area, establishing and improving the information sharing mechanism of the Xiamen area, exploring the establishment of a general entrusted third-party delivery mechanism, a centralized registration system for enterprise registration, an expert investigator mechanism, fast trial, fast judgment, and fast enforcement.
The passage of these agreements is conducive to further improving the level of judicial protection and legal services in the Xiamen Free Trade Zone, promoting the modernization of government governance, creating a top-notch international business environment in Xiamen, and serving the high-quality development of the local economy.
Ou Yanfeng, vice president of the Provincial Higher People's Court, said: To optimize the business environment and deepen the reform and opening up of the free trade zone is an important judicial mission of the people's court. In recent years, the provincial court party group has attached great importance to the construction of judicial service guarantees for the free trade zone, issued opinions on service guarantees for the construction of the Fujian free trade zone, and actively explored the improvement of the free trade zone’s trial organization construction and related trial work mechanism innovation. In the future, the free trade zone will continue to actively explore and practice, focus on improving the working mechanism of the free trade zone’s judicial protection, and at the same time strengthen communication and cooperation, and jointly gather the strong synergy of the free trade zone’s judicial protection.
As an important part of the judicial guarantee and legal service strategic cooperation agreement, the proposal of the entrusted delivery mechanism of legal documents and the registration of corporate residence clusters and other innovative systems passed at this meeting is eye-catching.
General entrusted service of legal documents
It is reported that the general entrusted service mechanism of legal documents means that enterprises in the free trade zone can voluntarily choose the law firm as the address for the delivery of legal documents, and the law firm will collect the legal documents, and then the law firm will submit the list of enterprises to Huli District The people's court records, the court can deliver the 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 with the enterprise, and timely feedback the result of the service to the court.
The reporter interviewed the relevant person in charge of the Huli Court. He said: "Our unit has discovered during work that some companies registered in the free trade zone and operating outside the zone, the registered place and the actual business place are more than different. Legal documents It is often unable to be delivered normally or in time. For this reason, we have conducted many in-depth investigations and proposed the idea of establishing a general entrusted service of legal documents based on the investigation."
Lin Minhui, director of Fujian Zihui Law Firm, said: “In practice, some companies cannot receive or receive legal documents in time due to changes in their registered addresses and business premises. This not only causes economic losses to the companies, but also It also has a negative impact on the credit of the company. Fujian Zihui Law Firm hopes that through the "general entrusted delivery mechanism of legal documents", it can effectively meet the legal needs of companies in this area, eliminate potential legal risks, and improve the health of the company. Development provides legal protection. At the same time, it can also solve the problem of difficult service of legal documents. This agreement passed Fujian Zihui Law Firm as a pilot unit. After the demonstration effect is formed, other legal documents of relevant administrative agencies can also be solved in this way. Delivery issues"
"Next, we will continue to summarize in practice, and with the support of the Free Trade Commission and the Huli District Court, contribute reproducible and extendable experience to promote the innovative development of the free trade zone."
According to reports, this reform is the first in the country and is one of the largest innovations in the field of judicial services in the Xiamen area.
Corporate residence cluster registration
Next, the Free Trade Commission will allow Fujian Zihui Law Firm to use locations approved by the Free Trade Commission as the residences of companies intending to settle in the Xiamen Free Trade Zone to provide cluster registration services. Companies planning to settle in the Free Trade Zone can rely on Fujian Zihui Law Firm The residence custody certificate issued can be registered with the Market Supervision Administration of the Pilot Free Trade Zone, and it can be agreed that the pilot law firm will sign and receive legal documents and letters as an agency. On the one hand, it can reduce the rent cost of enterprises planning to settle in the free trade zone, break the resource bottleneck of entrepreneurial venues, lower the entry barriers for market entities, and solve the legal risk of enterprises not being able to receive legal documents; on the other hand, law firms will rely on professionalism Strengthen the centralized registration management of enterprises, standardize the use of centralized registration sites, improve the existing supervision system, and ensure the economic and social order of the Xiamen Free Trade Zone.
The relevant person in charge of the Free Trade Zone Management Committee said: "Law firms are responsible for the centralized registration of enterprises, which is conducive to strengthening the management of centralized registration of enterprises, standardizing the use of centralized registration sites, and improving the existing regulatory system. With the assistance of the law firm By means of precautions, criminals have no loopholes to drill, and to a certain extent, the emergence of financial risks can be prevented. When enterprises enter the free trade zone, they can achieve both "lenient advance" and "strict management". As the main supervisory party, the Free Trade Zone Management Committee will, while providing protection for law firms’ centralized registration work, establish a sound inspection and supervision mechanism, and conduct regular or irregular inspections of law firms’ related work to ensure centralized registration management In place"
The reporter interviewed Fujian Zihui Law Firm, which has obtained this qualification. Lawyer Chen Hongyi of the firm said: "From the perspective of enterprises, Fujian Zihui Law Firm is allowed to use places approved by the Free Trade Commission as the centralized registration place for enterprises. Companies can voluntarily choose the address designated by a law firm as the certificate of registration place, which solves the problem of companies, especially foreign-funded enterprises, in the free trade zone registration, which is conducive to the rapid and convenient entry of enterprises into the free trade zone. Secondly, law firms can also play a role. With its own professional advantages, it provides full legal services such as registration agency, entrepreneurial guidance, business secretary, and legal assistance to further promote the legal and standardized operation of enterprises."
Yesterday, the reporter also learned from the event that the first foreign-funded enterprise has signed a contract with Fujian Zihui Law Firm, and entrusted it to apply for registration with the Market Supervision and Administration Bureau with the address designated by the law firm as the place of business registration.