15 June 2017
Online CBA: Has the Simplified Enterprise Deregistration System Been Implemented in Guangdong?
Q: Has the simplified enterprise deregistration system been implemented in Guangdong? If so, what kind of enterprises are eligible to apply?
A: The simplified enterprise deregistration reform came into force in Guangdong on 1 March 2017.
The principle of voluntary participation has been adopted in the case of simplified deregistration. Qualified enterprises may decide for themselves whether to use the ordinary or the simplified deregistration procedure.
Scope of Application
1. Entities qualified for simplified deregistration include limited liability companies, non-corporate legal persons, sole proprietorship enterprises or partnership enterprises (excluding branch offices).
2. Only entities that have yet to commence operations (subsequent to obtaining a business licence) and have no claims or liabilities or have settled their claims or liabilities before applying may apply for simplified deregistration.
Before applying for simplified deregistration, any enterprise shall ensure that it has no outstanding liquidation expenses, wage payments, social insurance payments, statutory compensation or tax demand payments. It should further ensure that any outstanding business, claims or liabilities have also been settled.
Documents to be Submitted
Liquidation reports, investors’ resolutions, tax clearance certificates, liquidation team records or copies of newspaper liquidation announcements are not necessary when applying for simplified deregistration. Only the following documents need to be submitted:
- Simplified Deregistration Application Form
- Letter of Undertaking from All Investors (This is not required when an enterprise subject to compulsory liquidation submits the ruling of the People’s Court with regard to the termination of compulsory liquidation procedures or when an enterprise subject to bankruptcy procedures submits the ruling of the People’s Court with regard to the termination of bankruptcy procedures)
- Power of Attorney for the Designated Representative or Agent Entrusted by All Partners (This is not required if the investor in a sole proprietorship enterprise does not appoint an agent)
- The original business licence and duplicate copy thereof
Enterprises may download the application form and details of the specific documents required for submission from the official website of the Guangdong Administration for Industry and Commerce. They may also collect the form from the registration authority. No fees are charged for deregistration.
For further details (in Chinese), please refer to the website of Guangdong Administration for Industry and Commerce.