Procedures for the Administration of Domicile Registration of Business Entities in Shanghai

Article 1 (Purpose and Basis)

To use residence resources more effectively, reduce the cost of starting business, and stimulate the vitality of business entities, these Procedures are formulated in accordance with the Regulations of the People's Republic of China on the Administration of the Registration of Market Entities, the Notice of the State Council on Issuing the Reform Plan for the Registration System of Registered Capital and other relevant provisions, and in the light of the actual circumstances of this Municipality.

Article 2 (Definition)

The business entities mentioned in these Procedures refer to companies, non-corporate legal persons, sole proprietorships, partnership enterprises, farmer professional cooperatives and their branches engaged in business activities, self-employed individuals, and foreign company branches. Among them, the business entities other than farmer professional cooperatives, self-employed individuals, and branches of various types are collectively referred to as enterprises.

The business entity domiciles mentioned in these Procedures refer to the legally registered domiciles of companies, non-corporate legal persons, sole proprietorships and farmer professional  cooperatives, the main business premises of partnership enterprises, and the business premises of self-employed individuals and branches.

Article 3 (Scope of Application)

These Procedures apply to the registration management of business entity domiciles in this Municipality.

These Procedures do not apply to the business entity domiciles using military or armed police force buildings.

If there are other provisions on business entity domiciles in laws, rules, and regulations, such provisions shall prevail.

Article 4 (Operating Requirements)

Business entities engaging in business activities at their domiciles must comply with laws, rules and regulations, uphold public order and good morals, not disrupt the market economic order, and not infringe public interests. Business activities requiring licensing approval must comply with relevant licensing approval provisions.

Article 5 (Safety Requirements)

Business entities engaging in business activities at their domiciles must fulfill legal, regulatory and rule-based obligations regarding the safety of building use and fire safety.

Article 6 (Non-Residential Buildings)

Non-residential buildings used as business entity domiciles must be legal. Dedicated areas (sections) such as power distribution rooms, refuge floors (rooms), and evacuation routes that are related to life and property safety shall not be used as business entity domiciles.

Article 7 (Residential Buildings)

For urban residential buildings used as business entity domiciles, the buildings must be legal, and the procedures for changing the use of the buildings must be undergone in accordance with the Provisions of Shanghai Municipality on Residential Property Management.

For houses on rural residential land used as business entity domiciles, safety assessments must be passed, and consent from stakeholders obtained, with a certificate issued by the town/township people's government, sub-district office, or a unit authorized thereby. Registration of a house on rural residential land as a business entity domicile shall not change its original use nature.

Article 8 (Public Buildings)

Where public buildings within a residential property management area that are owned collectively by all homeowners are used as business entity domiciles, the use shall be voted by homeowners of more than two thirds of the private portions in the area and by more than two thirds of all homeowners, and shall be agreed upon by voting homeowners of more than three quarters of the private portions in the area and by more than three quarters of the voting homeowners, before the owners' committee issues the certificate.

Where public buildings within a residential property management area that are not owned collectively by all homeowners are used as business entity domiciles, the use must comply with the purposes as approved by the planning department. If the purpose has not been approved or the purpose is to be changed, it shall be voted by homeowners of more than two thirds of the private portions in the area and by more than two thirds of all homeowners, and shall be agreed upon by voting homeowners of more than half of the private portions in the area and by more than half of the voting homeowners, before the owners' committee issues the certificate.

Article 9 (Residence Use Certificates)

When business entities use their own properties for registration, they must submit the real estate title certificate; in the case of renting, they must submit the real estate title certificate and the rental contract.

1. Business entities providing the following materials may be exempt from submitting a real estate title certificate:

(1) A recorded rental contract;

(2) If the business entity's domicile is a hotel or guesthouse room, submitting the business license of the hotel or guesthouse;

(3) Or if the business entity's domicile is within a commodity trading market, submitting the business license of the market management enterprise.

2. If the business entity is unable to submit a real estate ownership certificate for the domicile used, the following supporting materials shall be submitted:

(1) For public non-residential buildings, submitting the public non-residential building rental contract;

(2) For buildings of civil defense projects, submitting the relevant documents issued by the civil defense management department;

(3) For commercial buildings, submitting the approval documents from the management department of commercial service facilities;

(4) For buildings that have been completed but have not obtained a real estate title certificate, submitting the certificate of completion acceptance filing of the construction projects and the building use certificate;

(5) Or for other non-residential buildings designated by the district people’s government or the Lingang Special Area Administrative Committee for business activities, submitting other proof documents specified by the district people's government or the Administrative Committee which shall indicate that the buildings have passed a safety assessment.

Article 10 (Common Business Registry Offices)

The district people's government, the Lin-gang Special Area Administrative Committee, or units authorized thereby may designate one or more non-residential buildings as common business registry offices within their jurisdiction if the registering enterprises engage in non-disturbing, environmentally friendly, and public safety-compliant business projects.

When designating common business registry offices, the district people's government or the Administrative Committee shall make specific provisions on standardizing services and enhancing management at these offices and ensure proper implementation.

Article 11 (Registry Offices for Self-employed Individuals)

The district people's government or a unit authorized thereby may, in consideration of the construction of urban-rural community service systems, provide registry offices for self-employed individuals serving the residents in the community.

The district people's government or a unit authorized thereby shall make specific provisions on the services, management and use of registry offices for self-employed individuals, and ensure proper implementation.

Article 12 (Online Business Premises for Self-employed Individuals)

Where operators conducting business activities solely through online platforms apply for registration as self-employed individuals, they may register their online platforms as their business premises. If an operator has two or more online business premises, all of them shall be registered.

Article 13 (Multiple Licenses for One Business Premise)

If one of the following conditions is met, non-residential buildings at the same address may be registered as the domiciles of two or more business entities:

1. Business entities among which there is an investment relationship, using the same domicile for office purposes;

2. Private equity fund management companies, and the private equity fund enterprises under their management; 

3. Or using the buildings specified in Articles 10 and 11 of these Procedures as domiciles.

Article 14 (One License for Multiple Business Premises)

Business entities registered in this Municipality may conduct business activities outside their registered domiciles without applying to the market regulation department to undergo the business entity registration record procedures. Where necessary, an enterprise may legally apply for registration of its branch(es). Where enterprises engage in business activities consistent with their business scope and do not require administrative permissions at other locations within the same registration authority's jurisdiction, they may also apply to record additional business premises.

When applying for a record, enterprises shall submit the record application form, a copy of their business license, and the building use certificate that complies with these Procedures. In the case of the first record, the business license shall also be reissued. After the record, the registry office shall mark "One License for Multiple Business Premises" in the business address section of the license, and publicize the business domicile record information through the "Business Entity Identity Code" on the business license. Enterprises shall place a copy of their business license in a prominent position at their recorded domicile.

Article 15 (Database of Standardized Domicile Registration Information)

The district people's government, the Lin-gang Special Area Administrative Committee, or units authorized thereby shall uniformly manage the addresses, property rights, type, rental, and use information of the non-residential buildings, common business registry offices, and other buildings that meet the conditions for informationized management within their jurisdiction, and keep the information updated.

The Municipal Administration for Market Regulation shall collect the aforementioned information to establish a city-wide standardized domicile registration information database. Business entities that use buildings from this database for registration and have legally obtained the right to use the buildings can be exempt from submitting the domicile use certificate.

Article 16 (Comprehensive Supervision)

If the specific conditions required for a business entity domicile are not met, or if business activities are conducted using illegal buildings or there are unauthorized changes in building use, the departments of planning and natural resources, housing and urban-rural development, housing management, public security, ecology and environment, emergency management, urban management and law enforcement, etc. shall handle such issues according to the law; for matters requiring licensing approval, the administrative department responsible for licensing approval shall exercise supervision according to the law.

Article 17 (Authorization Clauses)

The district people's governments and the Lin-gang Special Area Administrative Committee may, based on these Procedures, formulate detailed rules for the registration management of business entity domiciles within their respective jurisdiction.

Article 18 (Applicable Reference Clauses)

These Procedures apply mutatis mutandis to the registration management of the domiciles of foreign enterprises' permanent representative offices in Shanghai .

Article 19 (Implementation Time)

These Procedures shall be effective as of March 20, 2024, and remain valid until March 19, 2029. The Notice of the General Office of Shanghai Municipal People's Government on Issuing the Procedures for the Administration of Domicile Registration of Enterprises in Shanghai (SMPG GO G [2015] No. 15) is hereby repealed simultaneously.