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You want to know the impact of credit "business exception"
The promulgation of the Provisional Regulations on Enterprise Information Publicity is a major reform of the Chinese 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 Inter - departmental enterprise credit information sharing mechanism, to achieve information sharing. However, the implementation of enterprise information disclosure system is not very optimistic about the implementation of the situation, according to prism credit statistics, as of the end of 2015 was included in the business directory of the abnormal list of enterprises in Beijing, 85,000, nearly 80,000 in Liaoning, Shanxi has 9.6 Million, Guizhou has more than 50,000, 31 million in Shandong, Sichuan nearly 42,000, Hainan 17000, Chongqing, 86,000, 75,000 in Hunan, the cumulative number of more than 2.7 million enterprises were included in the operating exception Directory.
"Operating exception" will bring credit damage
For those who fail to publicize the annual report or public information according to the prescribed time limit, the regulations stipulate that such enterprises will be listed by the administrative departments of industry and commerce above the county level and shall publish them to the public through the enterprise credit information publicity system. If the circumstances are serious, the competent authorities shall impose administrative penalties in accordance with the relevant laws and administrative regulations. More noteworthy is that if the public declaration obligation is not fulfilled at the expiration of 3 years, the administrative department for industry and commerce shall include the list of serious illegal enterprises and Social publicity. The legal representative and the person in charge of the enterprise that is included in the list of serious illegal enterprises shall not be the legal representative and the person in charge of other enterprises within 3 years. On September 11, 2015, the SAIC signed a Memorandum of Understanding on Cooperative Supervision and Joint Disciplinary Cooperation with 37 Central Departments to achieve the credit constraints on cross-sectoral, cross-regional and cross-industry And joint disciplines, the memorandum clearly states that the disciplinary object includes the business of the business directory.
At the same time the provinces and cities, but also targeted to the list of enterprises listed on the introduction of a disciplinary approach, such as the provisions of the provinces, listed in the business directory of enterprises do not participate in the famous trademark that "Shou contract re-credit" business name; Through the registration of accommodation can not be linked to the list of enterprises operating exception list, will limit the business registration business, prohibit the inclusion of the business directory of the abnormal market participants in the government to buy service activities; to provide financial institutions to operate abnormal directory data, financial institutions will business Whether there is an important account management information as an important consideration for the issuance of loans. Guizhou Province, the relevant departments also have provisions, was included in the operating directory of the main market, in the evaluation of the first assessment, bidding, apply for inclusion in the government credit guarantee management system, financial support, qualification assessment, government procurement,Bank loanAnd other issues will be limited and affected.
What situation will be considered "operating exception"
Not on time to report the annual report and the annual report will not affect the integrity of records. Enterprises should submit their annual reports to the local Administration for Industry and Commerce on a timely basis every year from January 1 to June 30, and if they fail to submit their annual reports, they will leave a bad record and be included in the business directory. If the annual report information fill is not true, the results will be in the main commercial credit information platform to be publicized, will affect the integrity of records.
The following information shall be investigated and dealt with within 20 days after the formation of the following information: the information such as the amount of capital contribution, capital contribution and capital contribution of the shareholders of the limited liability company or the joint venture company, Limited liability company shareholders equity transfer and other equity change information, administrative license to obtain, change, continuation of information, intellectual property registration information, subject to administrative punishment information.
Address is not real or inaccurate will also be included in the business directory. Such as the declaration of the residence or place of business address information is not true or inaccurate, will lead to the letter can not be served according to the law no one sign, the enterprise may be legally included in the operating exception list, leaving bad records.
There are many companies that, as long as the immediate publicity will not be included in the list of operating exceptions, in a variety of considerations in the data reported when the incorrect input of the business address, or registered capital, but the local authorities will have publicity Enterprises do random checks. For example: July to October 2015, a provincial Trade and Industry Bureau to take a random Yaohao way, has been published in the published annual report of 17759 enterprises to check. Of which 1,400 enterprises were included in the business directory, accounting for 7.88% of the total number of checks. In the spot checks also found that through the registration of the residence (place of business) can not contact the situation is more prominent, there are 1305 enterprises can not contact, accounting for the total number of checks of 7.34%. Enterprise publicity information to conceal the real situation, fraud 714 enterprises, accounting for 4% of the total number of checks.
How to remove the "business exception" directory
Once the enterprise has been included in the business directory, will undoubtedly greatly affect the business credit. In order to make the enterprise credit can be repaired, the "Interim Measures for the Management of Exceptional List" stipulates that the enterprise is included in the operation of the list of reasons since the date of entry within 3 years of disappearance, you can apply for removal of business anomalies directory. There are four types of enterprises that have been included in the abnormal business directory. To move out of the abnormal business directory, there are four cases where the normal record is returned. First, the enterprise that fails to submit the annual report according to the regulations can apply for the annual report Out of business anomalies directory; second is not in accordance with the provisions of the implementation of real-time information disclosure obligations of enterprises, apply to resume normal records of the state, should first fulfill its information disclosure obligations; Third, public information to conceal the real situation, fraud companies to correct their publicity information , The applicant may apply to the administrative department of industry and commerce to remove the operating directory; Fourth, the enterprise according to the law for residence or place of business change registration, or proposed by registered accommodation or business premises can be re-contact, you can apply to resume normal record state. The above four cases can apply for removal of abnormal business directory, industrial and commercial administrative departments from the date of verification within 5 days to make out the decision to return to normal record state.
Although it can be removed from the "operating exception" list, but the record will not eliminate the abnormal business, so companies must enhance the integrity of self-discipline awareness, timely and truthfully published annual reports and other real-time information, to avoid the inclusion of business anomalies caused by business constraints and credibility Damaged.
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