SAIC and other 4 departments jointly issued the “Circular on Advancing the Work on Providing Convenience for Enterprise Deregistration” (“Circular”)

Enterprise Deregistration involves many departments, such as market regulation, taxation, social security, commercial, custom and so on. While dealing with the procedures related to enterprise deregistration, sometimes, an enterprise might be confused about the procedures. Recently, SAIC, MOHRSS, MOFCOM, GAOC and STA have jointly issued the Circular. According to the Circular, the relevant departments would optimize or simplify the procedures for the enterprise deregistration from the following aspects:

1. One-network service

To insert a deregistration session on the integrated government service platform, which could update the deregistration information to the relevant departments, and those departments could guide the enterprises on line. After an enterprise has published the creditor’s announcement on the national enterprise credit information publicity system, the market regulation departments shall send the liquidation information to other relevant departments, and those departments shall guide the enterprise step by step online, and notify the enterprise with the procedure, method and result of deregistration related to each department.

2. To simplify the procedure and documents for the deregistration

For the ordinary deregistration system: (1) the enterprise could disclose the information of the liquidation team on the national enterprise credit information publicity system for free, instead of file the information of the liquidation group to the market regulation department; (2) the enterprise could disclose the liquidation announcement on the national enterprise credit information publicity system for free, instead of publish the liquidation announcement on newspaper; (3) the enterprise could only provide the documents listed in the “Regulations on Submission of Documents for the Enterprise Deregistration” (Appendix 1 of the Circular), which has been shorten compared with the previous requirements.

For the simple deregistration system: (1) the required announcement period is reduced from 45 days to 20 days; (2) for those enterprises which have been terminated for simple deregistration, they are allowed to apply for simple deregistration again after they meet the relevant requirements.

3. To optimize the deregistration related to social security, commercial, customs and etc.

(1) The human resources and social security department shall deregister for those enterprises which do not have social security arrears.

(2) While handling with the dissolution related to foreign invested enterprises, the commercial departments shall further optimize the procedure and documents. (Note: it is recommended to follow up with the actions of commercial departments)

(3) Upon the accomplishment of all custom procedures, the custom departments shall voluntarily deregister the custom registration, the enterprise shall only submit a deregistration application without other documents.

In addition, “Guidelines for Enterprise Deregistration” Appendix 2 of the Circular has stipulated the flow chart for deregistration, specification of documents and so on; the guidelines for special circumstances has provided solutions and requirements for those special circumstances, such as some shareholders have disappeared, or the business license was lost and etc.