Can difficult enterprises stop work and guarantee the number? State Council proposes to try out dormancy of enterprises

 Can difficult enterprises stop work and guarantee the number? State Council proposes to try out dormancy of enterprises

Among them, suggestions on improving the policies and measures to guarantee the main body of the market part suggests that the dormancy system of enterprises be tried out to attract attention. Chinese reporters of securities companies have consulted public information and found that Shenzhen has taken the lead in trying out the dormant system of enterprises.

The State Council suggests to try out the dormancy system of enterprises

When referring to the opinions and suggestions on improving the policies and measures for guaranteeing the main body of the market, the circular pointed out that the enterprise dormancy system should be tried out. Some supervision and inspection groups have reported that the market supervision department may revoke the business license of enterprises that have not submitted annual reports for two consecutive years. Many enterprises are temporarily closed due to short-term operational difficulties, but they are still willing to continue to operate. Once the business license of an enterprise is revoked, its legal representative will encounter obstacles to start a business again. It is suggested to set up a dormant period for the enterprises that fail to submit the annual report according to the regulations, reasonably set up the dormant conditions and procedures, recognize the legal existence status of enterprises during the dormancy period, and ensure the continuity of business qualification and subject qualification of enterprises.

Market analysis shows that this means that the enterprise dormancy system is expected to be popularized in a wider range in China.

Shenzhen has taken the lead in Trial Implementation

At present, there are different views on the definition, conditions, declaration and daily management, follow-up management of enterprise dormancy. However, as the capital of entrepreneurship, Shenzhen has begun to try it out.

This system allows the commercial subject to apply for dormancy according to the actual needs of production and operation. During the period of dormancy, it is not treated as self suspension of business. It is not included in the list of abnormal operation because the registered residence cannot be contacted. Before the expiration of dormancy, it can apply for restoration of normal business status. During the dormant period, the commercial subject still has other legal rights and interests except for not engaging in business activities. If it can apply for cancellation of registration, the commercial subject shall perform relevant obligations and accept relevant supervision during the dormancy period.

The person in charge of the Shenzhen market supervision bureau said that creating a good business environment is a complex system engineering, which requires collaborative efforts from various aspects. This time, the relevant measures aimed at blocking points and pain points in enterprise investment, production and operation, can better serve enterprises and contribute to creating a good business environment in Shenzhen.

The Chinese reporters of securities companies learned by calling the official website of Shenzhen market supervision and administration bureau that the replies that can be inquired at present involve medical institutions, automobile maintenance enterprises, etc.

According to the Several Provisions, if a commercial subject needs to suspend its business, it can register with the commercial registration authority for suspension of business. During the period of closure, the commercial subject will survive. If a commercial subject intends to resume business activities during the period of business closure, it shall apply to the commercial registration authority for termination of business suspension registration before resuming business activities. A commercial subject shall, within 10 working days from the date of expiration of the suspension of business, handle the termination registration with the commercial registration authority. The business registration authority shall publicize the business suspension information of commercial subject through the unified commercial subject registration and license approval information publicity platform of the whole city.

In addition, in the commercial subject registration management regulations (Draft) issued in mid June, the closure registration system was created to allow dormant companies to suspend business while retaining the qualification of commercial entities.

SMEs or major beneficiaries

As for the conditions of enterprise dormancy, Wu Haifeng said that since Chinas social security and provident fund are not part of the income tax, and a person can only pay in one unit, and the payment standard is determined by the payment base of his / her own salary in the previous year, Chinas enterprises must pay employees monthly wages no less than the amount of social security and provident fund. In order to determine the standard of dormant enterprises not engaging in business activities, it needs to be studied jointly by market supervision, taxation, social security and other departments.

According to Wu Haifeng, considering the large number of enterprises in China and the high cost of government management, it is suggested that the longest period of dormancy of enterprises should not exceed two years. At the same time, in order to maintain the stability of the enterprise dormancy system, enterprises whose dormancy period is less than one year before the end of the dormancy period should not enter the dormancy period again.

In addition, at present, Chinas tax, social security and other administrative fields have no provisions to suspend business, and it is still necessary for tax and social security departments to further study and formulate relevant measures.

Zhong Gang, an associate professor at East China University of political science and law, told Chinas securities dealers that creating a dormant system is an innovation in the business management system. From the perspective of maintaining commercial security, the government needs to fully consider setting good conditions and procedures for dormant subject qualification certification, and do a good job of supporting policies in advance, so as to achieve the balance between enterprise credit management and reasonable release of pressure for enterprises. In particular, it is necessary to consider how to avoid harming the normal operation of upstream and downstream enterprises and the legitimate interests of creditors while enhancing the operational toughness of enterprises.

Source of this article: Chen Hequn, editor in charge of securities companies in China_ NB12679