The State Administration for Market Regulation ("SAMR") has recently issued the Administrative Measures for Electronic Business Licenses (for Trial Implementation) (the "Measures") to seek public opinions by December 12, 2018.
The Measures clearly state that, electronic business licenses, as valid certificates obtained by market players for their legal status, have the same legal effect as paper ones. Market supervision and management departments are the statutory bodies responsible for issuing and managing electronic business licenses, and shall not charge fees from market players for the issue of electronic business licenses. Meanwhile, the Measures provide that, once the incorporation of a market player is registered, the electronic business license will be generated on a real-time basis and be stored in the electronic business license database. Downloading and using an electronic business license requires the registration of real identity information. Furthermore, the Measures state that, electronic business licenses could be used under, including but not limited to, eight circumstances in which a certificate needs to be furnished to justify a market player's identity, for example "when the registration of a market player is handled".