Jing Gao Fa Fa [2020] No.122

In order to further optimize the capital’s business environment, promote the construction of a credit system for enterprises and other market entities, improve the service efficiency for legal documents, and improve the quality and effectiveness of trial and enforcement, the Opinions is formulated in accordance with the General Rules of the Civil Law of the People’s Republic of China, the Company Law of the People’s Republic of China, the Civil Procedure Law of the People’s Republic of China, the Administrative Procedure Law of the People’s Republic of China, and the Opinions of Supreme People’s Court on Further Improving Business Environment, and in the light of the actual situation of Beijing.

I. Where the people’s courts at all levels and market regulation departments at all levels of Beijing serve legal documents including but not limited to litigation documents and administrative documents to enterprises and other market entities registered in Beijing, this Opinions shall apply.

II. When an enterprise or other market entity goes through registration formalities concerning incorporation, change or filing for record in municipal market supervision and administration departments, the registered domicile shall be the legal document service address regarded confirmed with commitment by default. The enterprise or other market entity may also enter another address in the “Legal Document Service Address” column of Beijing Enterprise Registration E-window Service Platform as the service address above mentioned. Where the address is entered otherwise, the people’s court shall first serve legal documents to such self-entered address.

III. Before the enterprise or other market entity makes the commitment and confirmation online, the people’s court and the market regulation department shall inform it of the contents, requirements and legal consequences of the commitment and confirmation of legal document service address.

IV. The enterprise or other market entity shall ensure that the confirmed legal document service address is true and accurate, so as to ensure the timely and effective receipt of the served legal documents. In the case of any changes in the legal document service address confirmed by the enterprise or other market entity, the address shall be amended in a timely manner. Before such amendment, any legal consequences caused by the serving of legal documents to the old address shall be borne by the enterprise or other market entity itself.

V. Where the enterprise or other market entity consents to electronic service, the enterprise email address entered in the “Legal Document Service Address” column of Beijing Enterprise Registration E-window Service Platform shall be regarded as the confirmed electronic service address, and unless otherwise stipulated by laws and regulations, the people’s court shall first apply electronic service.

VI. When participating in litigation, the enterprise or other market entity may confirm with the people’s court the service address for the specific court case by filling out the Confirmation Letter of Service Address. The people’s court shall serve legal documents to the address confirmed in the Confirmation Letter of Service Address. If the enterprise or other market entity entrusts a litigation representative to participate in the litigation, the service address of the enterprise or other market entity confirmed by the litigation representative in the specific case shall be regarded as the service address of the enterprise or other market entity in this case.

VII. Where the legal documents have been served by the people’s courts and market regulation departments to the legal document service address confirmed by the enterprise or other market entity with commitment but failed to be accepted, it shall be deemed served, except that the enterprise or other market entity has encountered force majeure or accidents, or have proved that it committed no fault. For electronic service, the date when the legal documents arrive at the specific system of the recipient shall be the date of service; for direct service, the date when the legal documents are left at the address shall be the date of service; for service by mail, the date when the legal documents are returned shall be the date of service. Where several ways of service are adopted at the same time, the last valid service date shall prevail.

VIII. Where the enterprise or other market entity raises an objection to the validity of the legal document service address confirmed by it with commitment in receiving the legal documents, the people’s court shall review and handle it according to law.

Where the enterprise or other market entity raises an objection as it fails to receive the legal documents in a timely and effective manner due to the fact that the service address is false, inaccurate, not updated in a timely manner, or due to refusal to sign for receipt, such objection shall not be accepted by the people’s court.

IX. The Beijing Municipal Administration for Market Regulation and Beijing High People’s Court shall strengthen the sharing and exchange of information and data on government affairs, and forward data and information in a timely manner.

X. The market regulation departments shall publicize the legal document service addresses and commitment contents of the enterprises or other market entities on the Beijing Enterprise Credit Information website.

XI. The Opinions shall be jointly interpreted and revised by the Beijing High People’s Court and the Beijing Administration for Market Regulation. The Opinions shall be effective as of April 10, 2020.