Application of the National Market Regulation Movable Mortgage Registration Business System

 2018-08-09  46


· Document Number:No. 11 [2018] of the General Office of the State Administration of Market Regulation

· Area of Law: Civil Law Enterprises

· Level of Authority: Departmental Regulatory Documents

· Date issued:05-03-2018

· Effective Date:05-03-2018

· Issuing Authority: All Administrations

· Status: Effective

 

Notice of the General Office of the State Administration of Market Regulation on Launching the Pilot Program of the Application of the National Market Regulation Movable Mortgage Registration Business System
(No. 11 [2018] of the General Office of the State Administration of Market Regulation)
The administrations for industry and commerce of Beijing, Shanghai, and Wuhan City:
For the purposes of deepening the reform of the business system and further advancing the information technology-based, well-regulated, and facilitated registration of movable mortgages, according to the Guiding Opinions of the State Council on Accelerating the Advancement of "Internet plus Government Services" (No. 55 [2016], State Council), the State Administration of Market Regulation developed and established the National Market Regulation Movable Mortgage Registration Business System (hereinafter referred to as the "System"). In order to forward the successful application of the system throughout the country, upon research, it is decided to launch a two-month pilot program of the application of the System in your administrations as from May 25, 2018. You are hereby notified of the relevant matters as follows:
I. Objectives of the pilot program
The "Internet plus government services" shall be advanced profoundly, and online application, online review, online publication, and online search with respect to the registration of movable mortgages shall be achieved through the System, so as to effectively resolve the problems such as enterprises and the public "running errands" for business transactions. Through the practice in the regions under the pilot program, the application of the System shall be strengthened, the operational process shall be bettered, practical experience shall be enriched, the functions of the System shall be optimized, and the means and methods of efficient and convenient movable mortgage registration shall be explored, so as to lay a foundation for the promotion and application of the System throughout the country.
II. Basic principles
1. Examination in accordance with the laws and regulations. When the System is applied for movable mortgage registration, the county-level industrial and commercial and market regulatory authority in the place of the domicile of a mortgagor shall examine, register, and publish the materials submitted by a party in strict accordance with the Property Law, as required by the Measures for Movable Mortgage Registration (Order No. 88 of the State Administration for Industry and Commerce).
2. Equivalent online and offline effects. It is an easier way to use the System to make movable mortgage registration, and the Movable Mortgage Registration and other documents as examined and approved by the System have effects equivalent to those made on site. On-site registration shall be retained while the System is applied so that parties may elect to make movable mortgage registration at the registration authorities.
3. Highlighting a problem-oriented approach. In order to resolve the problems that are strongly reported by the public and the outstanding problems existing in the use of the System, in accordance with the ideas of facilitating parties, improving registration efficiency, and reducing registration cost, the improvement of the means and methods of the application of the System shall be forwarded, and information technology-based methods shall be used to simplify the process of movable mortgage registration and provide better services for parties to make movable mortgage registration.
III. Main content of the pilot program
1. Being proficient at applying the System and promptly providing feedback on problems. The System shall be fully applied, movable mortgage registration shall be made in accordance with the process: (1) An applicant or the agent commissioned by it files an application online; (2) the registration authority grant acceptance for review; (3) registration is made for what is qualified in the review (or rejection is made for what is disqualified in the review); and (4) the relevant information is published, and employers and applicants shall be helped to quickly and accurately understand and possess the means and methods to use the System. The use of the System shall be actively promoted, the problems and shortcomings in the System in identity authentication, online application, acceptance and review, publication and search, and other aspects shall be discovered in a timely manner, and the means and methods of resolving problems shall be actively explored.
2. Effectively making work transition and advancing the application of the System. The transition from the System to the existing registration system shall be made. As from the launch of the pilot program, for new registrations, data shall be processed by the System of the State Administration of Market Regulation, and the registration information in the existing system shall be modified or canceled through the existing system. As needed for system building, existing Movable Mortgage Registration, Movable Mortgage Registration Modification, and Movable Mortgage De-Registration have been adjusted, and henceforth the new model text shall be used for the transaction of movable mortgage registration business (see annexes).
3. Promptly making publication and disclosure and ensuring easy access. The information on movable mortgage registration shall be effectively published. As from the launch of the pilot program, the information on movable mortgage registration shall be published through the System and the National Enterprise Credit Information Publication System. In order to ensure the integrity of the collection of the information on movable mortgage registration and easy access, the information on movable mortgage registration made through the System shall be collected by the National Enterprise Credit Information Publication System automatically, instead of separately.
IV. Requirements for the pilot program
1. Strengthening leadership and conducting meticulous organization. The pilot program of the application of the System shall be vigorously forwarded, and full-time persons shall be specified to be responsible for overall coordination; the transition from the old system to the new one shall be conscientiously made; and business training shall be vigorously provided, and business guidance shall be strengthened, so as to help the staff fully understand the significance of the information technology-based registration of movable mortgages, fully grasp the relevant regulations, material specifications, and operational procedures, and effectively improve registration and service capabilities.
2. Strengthening publicity. Various media shall be leveraged to guide public opinion, social concerns shall be responded to in a timely manner, and a good atmosphere for whole society to jointly advance the application of the System shall be actively created. Active communication and coordination shall be conducted, the mutual recognition, sharing and application of electronic data on movable mortgage registration among relevant authorities shall be promoted, and authorities, enterprises, and other social members shall be procured to accurately understand and adapt to the changes in the means of movable mortgage registration.
3. Strengthening follow-up monitoring and reporting in a timely manner. A monitoring and reporting system shall be established and improved, and within 15 days from receiving this Notice, a pilot program proposal shall be researched without delay and filed with the State Administration of Market Regulation together with a responsible persons list. During the period of the pilot program, the experience gained and the problems encountered in the process of the pilot program shall be conscientiously reorganized and summarized, and thinking and recommendations on resolutions shall be put forward. At the end of the pilot program, a written summary report shall be prepared and filed with the Market Department of the State Administration of Market Regulation before August 15, 2018.
Annex 1: Application for Movable Mortgage Registration (Omitted)
Annex 2: Movable Mortgage Registration (Omitted)
Annex 3: Application for Modification of Movable Mortgage Registration (Omitted)
Annex 4: Movable Mortgage Registration Modification (Omitted)
Annex 5: Application for Movable Mortgage De-Registration (Omitted)
Annex 6: Movable Mortgage De-Registration (Omitted)
General Office of State Administration of Market Regulation
May 3, 2018