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You need to know the "business anomaly" that affects the credit information.

Time: 2016-02-24         Source: Yicai.com         Author: a financial network

The promulgation of the "Interim Regulations on Enterprise Information Disclosure" is a major reform of China's commercial system and a major measure for the construction of China's social credit system. Since its promulgation on October 1, 2014, 24 provinces (autonomous regions and municipalities) have been established nationwide. Inter-departmental enterprise credit information sharing mechanism to achieve information sharing. However, the implementation of the corporate information disclosure system is not very optimistic. According to the statistics of the prismatic credit information, as of the end of 2015, there were 85,000 enterprises listed in the business anomaly list, nearly 80,000 in Liaoning, and 9.6 in Shanxi. There are more than 50,000 in Guizhou, 103,000 in Shandong, 42,000 in Sichuan, 17,000 in Hainan, 86,000 in Chongqing and 75,000 in Hunan. More than 2.7 million enterprises in the country have been listed as operating abnormalities. Directory.

"Operational abnormalities" will bring credit damage

In the case of not publishing annual reports or public information in accordance with the prescribed time limit, the regulations stipulate that such enterprises will be listed in the business anomaly list by the industrial and commercial administrative departments at or above the county level, and will be publicized to the public through the enterprise credit information publicity system. If the circumstances are serious, the relevant competent department shall impose administrative penalties in accordance with the relevant laws and administrative regulations; it is more worth noting that if the publicity obligation is not fulfilled in accordance with the regulations for three years, the administrative department for industry and commerce shall list the list of seriously illegal enterprises, and Social disclosure. The legal representative and responsible person of an enterprise listed on the list of seriously illegal enterprises shall not be the legal representative or responsible person of other enterprises within 3 years. In order to actively promote the joint punishment of untrustworthy, the SAIC signed a “Memorandum of Co-regulatory and Joint Disciplinary Cooperation on Untrustworthy Enterprises” with 37 central departments on September 11, 2015, which achieved credit constraints on cross-sectoral, inter-regional and cross-industry And joint disciplinary action, the memorandum clearly states that the disciplinary object includes enterprises in the business exception list.

At the same time, all provinces and cities have also issued disciplinary measures for enterprises listed in the business anomaly list. For example, some provinces stipulate that enterprises listed in the business anomaly list may not participate in the naming of famous trademarks and “contract-honoring and credit-worthy enterprises”; Enterprises registered in the business anomaly list that cannot be contacted by the registered residence will restrict the business registration business, prohibit the market entities listed in the business anomaly list from participating in the government purchase service activities; provide financial institutions with business anomaly directory data, and financial institutions will Whether there is an operational abnormality list information as an important consideration for reviewing the issuance of loans. Relevant departments of Guizhou Province also have regulations, and the market entities listed in the business anomaly list will be included in the evaluation and evaluation, bidding, application for inclusion in the government credit guarantee management system, financial support, qualification assessment, government procurement, bank loans, etc. Limited and affected.

What will be considered as "business anomaly"

Failure to do the annual report and the annual report will not affect the integrity record. The enterprise shall submit an annual report to the local administration for industry and commerce on time and on an annual basis. The annual report period is from January 1 to June 30. If the annual report is not submitted on time, it will leave a bad record and be included in the business exception list. If the information of the annual report is not completed, the results will be publicized on the credit information platform of the commercial entity, which will affect the integrity record.

If the relevant enterprise credit information is not reported in time, it will be investigated and dealt with by the relevant departments. The following information needs to be publicized within 20 days of the formation: the shares of the limited liability company or the sponsors of the company limited by shares, the amount of capital contribution, the time of capital contribution, and the method of capital contribution. Information on shareholding changes such as equity transfer of shareholders of limited liability company, acquisition, change, continuation of information on administrative license, registration information of intellectual property rights, and information on administrative punishment.

Inaccurate or inaccurate addresses will also be included in the Business Exceptions Directory. If the address information of the declared residence or business premises is untrue or inaccurate, it will result in the official letter not being delivered according to the law, and the enterprise may be legally included in the business exception list, leaving a bad record.

Many companies believe that as long as they are publicly announced, they will not be listed in the business exception list. In various considerations, when the data is filled in, the incorrect business address or registered capital is entered, but the local industrial and commercial authorities will publicize it. Enterprises do random checks. For example, from July to October 2015, a provincial industrial and commercial bureau adopted a random lottery method, and 17,759 households were selected for inspection in the publicly announced annual report enterprises. Among them, 1,400 enterprises were listed in the business anomaly list, accounting for 7.88% of the total number of random inspections. In the spot check, it was also found that the situation in which the registered residence (business place) could not be contacted was more prominent, and 1,305 enterprises were unable to contact, accounting for 7.34% of the total number of random inspections. 714 households with corporate publicity information concealing the real situation and practicing fraud, accounting for 4% of the total number of random checks.

How to remove the "business anomaly" list

Once an enterprise is listed in the business exception list, it will undoubtedly greatly affect the credit of the enterprise. In order to enable corporate credit to be repaired, the Interim Measures for the Management of Business Anomalies List stipulates that if the enterprise is listed in the business anomaly list and disappears within 3 years from the date of inclusion, it may apply for removal of the business exception list. Enterprises listed on the abnormal business list have four situations in order to remove the abnormal business directory and resume normal record status: First, an enterprise that fails to report the annual report according to the regulations can apply for the annual report of the unreported year and publicize it. If the enterprise fails to fulfill the normal record status, it shall first fulfill its obligation to disclose information; the third is to disclose the information to conceal the truth, and the fraudulent enterprise corrects its publicity information. After that, you can apply to the administrative department for industry and commerce for the removal of the list of business exceptions. Fourth, the enterprise can change the registration of the residence or business premises according to law, or propose that the registered residence or business premises can re-contact, and can apply for the return to normal record status. In the above four cases, you can apply for the removal of the abnormal business directory. The industrial and commercial administrative department shall make a removal decision within 5 days from the date of verification and resume normal record status.

Although it is possible to remove the “Operational Abnormality” list, the record of abnormal business operations will not be eliminated. Therefore, enterprises must enhance their awareness of integrity and self-discipline, promptly and truthfully report annual reports and other instant information, and avoid business restrictions and credibility due to inclusion in the business anomaly list. Damaged.

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