Current location - Trademark Inquiry Complete Network - Futures platform - Will the court seal up dishonest people who open individual shops?
Will the court seal up dishonest people who open individual shops?
The court will seize the untrustworthy who opened the individual shop. The person subject to breach of trust refers to the person subject to execution who has the ability to perform but fails to perform the obligations specified in the effective legal documents. The faithless person does not need the applicant to apply to the court for opening a personal shop. The court may deal with individual shops when it finds that there is no other property. If the measures of seizure, seizure or freezing need the assistance of the relevant units or individuals, the people's court shall make a notice of assistance in execution and send it to the person assisting in execution together with a copy of the ruling. The ruling of sealing up, distraining and freezing and the notice of assistance in execution shall take legal effect when served. Withdraw and detain the labor income such as savings deposits or wages of the respondent. If the unit where the person subjected to execution is requested to assist in monthly deduction from the salary. At the same time, the person subjected to execution shall perform the obligations determined by law within the specified period. If it fails to perform within the time limit, the court may, in accordance with the provisions, hand over the seized or detained property to the relevant units for auction or purchase.

A person without faith can't start a self-employed business. According to the law of our country, a person can't apply for a personal business license if his personal debt is large and he hasn't paid off at maturity, so he can't open a self-employed business.

The situation that the individual business license cannot be obtained according to law is as follows:

(1) No or limited capacity for civil conduct.

(2) The criminal penalty or criminal compulsory measures are being executed.

(3) Being wanted by a public security organ or a state security organ.

(4) Being sentenced to punishment for committing crimes of corruption and bribery, property infringement or disrupting the order of the socialist market economy, and the execution period has not exceeded five years; He was sentenced to punishment for committing other crimes, and the execution period did not exceed three years, or was sentenced to deprivation of political rights for committing crimes, and the execution period did not exceed five years.

(5) Being the legal representative, director or manager of an enterprise that went bankrupt and liquidated due to poor management, and being personally responsible for the bankruptcy of the enterprise, and less than three years have passed since the date of completion of the bankruptcy liquidation of the enterprise.

(6) Being the legal representative of an enterprise whose business license has been revoked due to violation of laws, and being personally liable for the illegal acts of the enterprise, and less than three years have passed since the date of revocation of the business license of the enterprise.

(7) The amount of personal liabilities is relatively large and has not been paid off due.

(eight) other circumstances in which the legal representative is prohibited by law and the State Council.

If a person who has broken his promise has the ability to operate, he may start an individual business, but he shall apply to the registration authority where the business premises are located according to law. If a dishonest person does not have the ability to operate, he cannot engage in individual business, and the registration authority will not approve it.

According to the "Opinions on Accelerating the Construction of Credit Supervision, Warning and Punishment Mechanism for Untrustworthy People"

(3) Post qualification restrictions

1. Being a state-owned enterprise executive is restricted. Because the person subjected to execution is an individual, he is restricted from serving as a director, supervisor or senior manager of a wholly state-owned company or a state-owned capital holding company, or a director, supervisor or senior manager sent or recommended by the state-owned equity party of a state-owned capital shareholding company; Those who have already held relevant posts shall be relieved of their posts in accordance with relevant procedures.

2. Restrictions on being the legal representative of public institutions. If the trusted person is an individual, it is restricted to register as the legal representative of the institution.

3. Restrictions on being an executive of a financial institution. Restrict the person subject to execution who has lost his trust from serving as a director, supervisor or senior manager of banking financial institutions, securities companies, fund management companies, futures companies, insurance companies and financing guarantee companies.

4. Restrictions on being the head of a social organization. If the untrustworthy person is an individual, his registration or filing is limited to the person in charge of the social organization.

5. Recruitment (employment) is limited to civil servants. Restricted employment (employment) where the person subject to breach of trust is a civil servant or a staff member of a public institution, and the on-the-job civil servant or staff member of a public institution is determined to be the person subject to breach of trust, the situation of breach of trust shall be taken as a reference for its evaluation, evaluation, promotion and promotion.

6. Special restrictions on joining the Party or party member. Strictly abide by the law, fulfill the obligations stipulated in the effective legal documents, as an important reference for applying to join the China Party, preparing for party member to become a formal party member, and evaluating party member's qualifications, promotion and promotion.

7. restrictions on serving as party representatives, NPC deputies and CPPCC members. The person subjected to execution due to breach of trust is an individual, and may not be a candidate for Party congresses, deputies to people's congresses and CPPCC members at all levels recommended by the organization.

8. restrictions on enlistment. If the person subjected to execution due to dishonesty is an individual, the situation of dishonesty should be taken as an important reference for the evaluation, evaluation, promotion and promotion of enlisted and active and reserve officers.

Legal basis:

Regulations on promoting the development of individual industrial and commercial households

Article 7 the State Council shall establish an inter-ministerial joint conference system to promote the development of individual industrial and commercial households, study and promote the implementation of major policies and measures to promote the development of individual industrial and commercial households, and coordinate and coordinate major issues to promote the development of individual industrial and commercial households.

The State Council market supervision and management department shall, jointly with relevant departments, strengthen macro guidance, comprehensive coordination, supervision and inspection on promoting the development of individual industrial and commercial households.

Thirty-fifth individual industrial and commercial households to carry out business activities in violation of relevant laws and regulations, the relevant administrative departments shall, in accordance with the principle of combining education with punishment and excessive punishment, be dealt with according to law.