Dissolving a Company in China: A Comparison of General Deregistration and Simplified Deregistration

China promotes simplified deregistration to enhance its business environment, offering a faster process requiring fewer documents than general deregistration. Companies must meet eligibility criteria, resolve issues, and can choose procedures based on their situation, ensuring compliance for both options.

In addition to the general deregistration procedures, China has been promoting simplified deregistration as one of the key measures to enhance its business environment. This article highlights the differences between the general and simplified procedures, explains the eligibility criteria, and clarifies common misunderstandings about these processes.

Foreign investors may decide to close their business for multiple reasons. To legally wind up a business, investors must complete a series of procedures involving multiple government agencies, such as market regulatory bureaus, foreign exchange administrations, customs, tax authorities, banking regulators, and others. In this article, we outline the company deregistration process overseen by the local Administration for Market Regulation (AMR), comparing the general and simplified procedures.

Before 2016, companies could only deregister through the general procedure. However, on December 26, 2016, the Guidance on Fully Promoting the Reform of Simplified Company Deregistration Procedures was released. Effective March 1, 2017, simplified deregistration procedures were implemented nationwide. Since then, there have been two options: general procedures and simplified procedures.

Companies must follow the general deregistration process if any of the following conditions apply (hereinafter referred to as “existing issues”):

Companies not facing the above issues may choose either the general or simplified deregistration process.  

In summary, simplified deregistration is a faster process and requires fewer documents compared to general deregistration. Companies that meet the criteria typically would typically opt for simplified deregistration. Those that do not meet the criteria may choose this route after resolving outstanding issues. For companies with unresolved issues but seeking urgent closure, they can first publish a deregistration announcement. Once the announcement period ends and all issues are addressed, they can proceed with general deregistration. Some companies may question the legitimacy and compliance of simplified deregistration. This is a misconception. “Simplified” does not mean non-compliant, just as “general” does not imply greater legitimacy. Both processes are lawful and compliant. The AMR provides these options to enable companies ready for closure to complete the process efficiently while granting those with unsolved issues the necessary time to address them after publishing the deregistration announcement. Companies can select the most suitable process based on their specific circumstances.

Read the rest of the original article.