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You need to know the "business anomalies" affecting credit information

Time: 2016-02-24         Source: A financial network         Author: a financial network

The promulgation of the "Provisional Regulations on Corporate Information Disclosure" is a major reform of China's commercial system and a major measure for the construction of China's social integrity system. Since its promulgation on October 1, 2014, there have been 24 provinces (autonomous regions and municipalities) established throughout the country. Inter-departmental enterprise credit information sharing mechanism to achieve information sharing. However, the implementation of the corporate information disclosure system was not very optimistic. According to Prism Credit Statistics, as of the end of 2015, there were 85,000 companies in Beijing, nearly 80,000 in Liaoning, and 9.6 in Shanxi. There are more than 50,000 in Guizhou, over 50,000 in Guizhou, 103,000 in Shandong, nearly 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 abnormal Directory.

"Abnormal business" will bring credit damage

For cases in which the annual report or public information has not been publicized within the prescribed time limit, the regulations stipulate that such enterprises will be listed by the administrative department of industry and commerce at or above the county level in the list of business exceptions, and publicized through the enterprise credit information disclosure system. If the circumstances are serious, the relevant competent department shall impose administrative penalties in accordance with relevant laws and administrative regulations; what is more noteworthy is that, if the publicity obligation has not been fulfilled in accordance with regulations within three years, the administrative department for industry and commerce shall list the list of enterprises that have violated the law. Social publicity. The legal representative and person in charge of a company that has been included in the list of serious illegal enterprises may not be the legal representative or responsible person of other enterprises within three years. In order to actively promote the joint punishment for dishonesty, the State Administration for Industry and Commerce signed a memorandum of "cooperative supervision and joint punishment cooperation for untrusted companies" with 37 central departments on September 11, 2015, and realized credit constraints for cross-departmental, trans-regional and cross-industry enterprises. In conjunction with joint disciplinary action, the memorandum clearly states that the targets of disciplinary action include those in the list of business exceptions.

At the same time, provinces and cities have also issued disciplinary measures targeted to companies listed in the list of abnormal business operations. For example, in some provinces, enterprises listed in the list of abnormal business operations may not participate in the identification of famous trademarks and the name of the company that “obtains contracts and honors credits”; Enterprises listed in the list of business anomalies that cannot be contacted through the registration of their residence will restrict the business registration business, prohibit the participation of market entities listed in the business anomaly list from participating in government procurement service activities, and provide financial institutions with abnormal business directory data. Whether there is abnormal business directory information as an important consideration factor in the review and release of loans. Relevant departments in Guizhou Province also have stipulated that market entities that are listed in the list of abnormal business operations are listed in the appraisal, bidding, application for inclusion in the government credit guarantee management system, financial support, qualification assessment, government procurement,Bank loanSuch issues will be limited and affected.

What will be considered "business abnormality"

Failing to report on the annual report and filling in the annual report will affect the record of integrity. Enterprises should submit annual reports to the local Administration for Industry and Commerce on an annual basis and report dates from January 1 to June 30 each year. Failure to submit annual reports will leave bad records and be included in the list of business exceptions. If the annual report information is not filled in correctly, the result will be publicized on the commercial entity credit information platform and will affect the integrity record.

Failure to timely submit relevant enterprise credit information will be investigated and dealt with by related departments. The following information needs to be publicized within 20 days of the formation of the information: the amount of capital contribution, investment time, and investment method of the limited liability company's shareholders or the promoters of the company limited by shares. Information on the change of shareholdings such as equity transfer of shareholders of a limited liability company, information on obtaining, changing, continuation of information on administrative licenses, registration of intellectual property rights, and information subject to administrative penalties.

Inaccurate or inaccurate addresses will also be included in the Directory of Business Exceptions. If the address information of the declared residence or place of business is false or inaccurate, it will result in an official letter that cannot be served according to law and no one will sign for it. The company may therefore be legally included in the list of abnormal business operations, leaving behind bad records.

Many companies believe that as long as there is an instant publicity, they will not be included in the list of business exceptions, and various considerations such as entering incorrect business addresses or registering funds when filling in data, but the local industry and commerce authorities will publicize Companies do random checks. For example, from July to October 2015, a provincial bureau of industry and commerce adopted a random shake number method, and 17,759 enterprises were selected for inspection in the publicly-reported annual report enterprises. Among them, 1400 enterprises were included in the list of abnormal operations, accounting for 7.88% of the total number of spot checks. In the spot check, it was also found that the registered residence (operating place) could not be contacted in a relatively prominent situation. There were 1,305 companies that could not be contacted and accounted for 7.34% of the total number of spot checks. There are 714 enterprises that publicize their information to conceal actual conditions and falsify fraud, accounting for 4% of the total number of spot checks.

How to remove the "Abnormal Business" Directory

Once a company is listed in the list of business exceptions, it will undoubtedly greatly affect the company's credit. In order to restore corporate credit, the "Provisional Measures for the Administration of Abnormal Business Directory" stipulates that if an enterprise is listed in the list of abnormal business operations within three years from the date of its inclusion, it may apply for moving out of the directory of business anomalies. There are four conditions for an enterprise listed on the abnormal business directory to move out of the abnormal business directory and restore its normal record state: First, an enterprise that fails to submit an annual report according to regulations may apply after making an annual report of the unsubmitted year and publicizing it. Move out of the directory of business anomalies. Second, enterprises that fail to fulfill their obligations for public information disclosure in accordance with regulations shall apply for the restoration of their normal records. They shall first fulfill their obligation of publicizing information; and third, companies that disclose information to conceal actual conditions and falsify their information shall correct their published information. Afterwards, they may apply to the administrative department for industry and commerce for moving out of the list of business anomalies. Fourth, they may apply for change of registration of their domicile or place of business in accordance with the law, or they may regain contact by submitting their registered residence or place of business. They may apply for restoration of normal records. The above four cases can be applied for moving out of the abnormal business directory, and the industrial and commercial administrative department shall make a decision to remove within 5 days from the date of verification and restore the normal record status.

Although the “Abnormal Business” list can be removed, the record of abnormal business will not be eliminated. Therefore, enterprises must enhance their awareness of honesty and self-discipline, timely and truthfully display annual reports and other real-time information, and avoid operating restrictions and reputation caused by inclusion of abnormal business directories. Damaged.

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