1. What is the list of serious illegal and untrustworthy enterprises?
Comparing the second paragraph of Article 17 of the Provisional Regulations on Enterprise Information Publicity (hereinafter referred to as the Regulations), we can find that the expression of "list of enterprises that have seriously violated the law" in the Measures is different from that in the Regulations, and the word "dishonesty" is added, which explains the concept of credit supervision more accurately and defines the object and scope of supervision more comprehensively.
Article 17 of the Regulations stipulates that enterprises listed in the list of business anomalies shall be removed from the list of business anomalies by the administrative department for industry and commerce at or above the county level if they fulfill their publicity obligations in accordance with the provisions of these Regulations; Failing to fulfill the obligation of publicity for three years in accordance with the provisions of these Regulations, the administrative department for industry and commerce of the State Council or the administrative department for industry and commerce of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be included in the list of seriously illegal enterprises and publicized to the public through the enterprise credit information publicity system. The legal representative and person in charge of an enterprise listed in the list of seriously illegal enterprises shall not serve as the legal representative and person in charge of other enterprises within 3 years.
The "Measures" stipulate that the management of the list of serious illegal and untrustworthy enterprises refers to the implementation of credit restraint and joint punishment by the department for enterprises listed in the list of serious illegal and untrustworthy enterprises, and publicity to the society through the enterprise credit information publicity system.
Second, why is the list of serious illegal and untrustworthy enterprises called "blacklist"?
The "Measures" are to implement the State Council's requirements for establishing a "blacklist" system. In practice, the list of serious illegal and untrustworthy enterprises is usually called "blacklist". The list management system of serious illegal and untrustworthy enterprises is called "blacklist" system, which is mainly based on the following three aspects:
Basis 1: Notice of the State Council Municipality on Printing and Distributing the Reform Plan of Registered Capital Registration System stipulates: "The administrative department for industry and commerce shall list the enterprises that fail to publicize the annual report within the prescribed time limit in the list of abnormal operations of the credit information publicity system of market entities to remind them to fulfill the obligation of publicizing the annual report. If an enterprise fulfills its obligation to publicize the annual report within three years, it may apply to the administrative department for industry and commerce for restoring the normal filing status; If it has not been fulfilled for more than three years, the administrative department for industry and commerce will permanently list it in the business exception list, refuse to restore its normal record status, and list it in the list of serious illegal enterprises ("blacklist").
Basis 2: "Guiding Opinions of the State Council on Establishing and Perfecting the Joint Incentive System of Trustworthiness and the Joint Punishment System of Trustworthiness to Accelerate the Construction of Social Integrity" stipulates: "Constantly improve the system of typical' red list' of integrity and the system of' blacklist' of serious untrustworthy subjects, standardize the generation and release of red and black lists in various fields according to laws and regulations, and establish and improve the exit mechanism. Under the premise of ensuring independence, fairness and objectivity, relevant mass organizations, financial institutions, credit reporting agencies, rating agencies, industry associations and chambers of commerce are encouraged to provide the generated' red list' and' blacklist' information to government departments for reference. "
Basis 3: 2065438+August 8, 2006 "Reply of the General Office of the State Council on the Implementation Plan of Unified Collection and Publicity of Enterprise-related Information" clearly points out: "The enterprise-related information of government departments refers to the enterprise information that should be publicized according to law. Including: enterprise registration, chattel mortgage registration, equity pledge registration, intellectual property pledge registration, trademark registration, administrative licensing, administrative punishment, inclusion in the business exception list and the list of serious illegal and untrustworthy enterprises ("blacklist"), spot check results, etc. And other enterprise information that should be publicized according to law (except statistical spot check result information and enterprise statistical annual report). "
Third, the legal nature of the list of serious illegal and untrustworthy enterprises.
In terms of legal attributes, the establishment of a list of serious illegal and untrustworthy enterprises is a credit supervision measure of the administrative department and belongs to a specific administrative act.
The difference between credit supervision measures and administrative punishment;
First, credit supervision measures do not belong to one of the six administrative punishment measures stipulated in Article 8 of the Administrative Punishment Law, and the Regulations and Measures also clearly regard it as a specific administrative act.
Second, in terms of law enforcement procedures, the procedure for law enforcement agencies to include enterprises in the list of serious illegal and untrustworthy enterprises is not carried out in accordance with the procedures stipulated in the Administrative Punishment Law, but in accordance with the time limit stipulated in the Measures.
Third, in terms of the consequences, the list of enterprises that are seriously illegal and untrustworthy will not directly harm the economic interests of enterprises. Although enterprises will lose their business reputation because they are listed in the list of serious illegal and untrustworthy enterprises, thus causing economic losses, this is an indirect loss, which is different from the direct sanctions imposed on the parties by administrative punishment. The credit restraint mechanism of the list of serious illegal and untrustworthy enterprises is an innovative administrative restraint activity, which is a measure to restrain the rights and interests of the administrative counterpart after accumulating the records of dishonesty and the results of administrative law enforcement.
Four, ten cases listed in the list of serious illegal enterprises and the corresponding legal provisions.
Article 5 of the "Measures" stipulates ten situations that are included in the list of serious illegal and untrustworthy enterprises. Among them, the situation that belongs to the category of credit supervision is the situation that Item (1) of Paragraph 1 of Article 5 "has been listed in the list of business anomalies for three years and has not fulfilled relevant obligations"; The situation that belongs to the category of administrative law enforcement is the cumulative situation of single administrative punishment stipulated in Item (2) to Item (10) of the first paragraph of Article 5, and the cumulative situation of multiple administrative punishments stipulated in Item (3) to Item (8) of the second paragraph of Article 5.
According to Annex 3 of the Notice of the General Office of the State Administration for Industry and Commerce on Doing a Good Job in the Management of the List of Enterprises with Serious Violations of Law and Trust, the types of illegal acts and the basis of laws and regulations included in the list of enterprises with serious violations of law and trust are further clarified, and the relevant industrial and commercial laws and regulations corresponding to ten situations included in the list of enterprises with serious violations of law and trust are further clarified:
(1) The situation that the company has not fulfilled its relevant obligations after being listed in the business exception list for three years corresponds to the second paragraph of Article 17 of the Provisional Regulations on Enterprise Information Publicity and Article 15 of the Interim Measures for the Administration of Business Exception List.
(2) Where a company is changed or cancelled by submitting false materials or concealing important facts by other fraudulent means, its registration shall be cancelled, corresponding to Article 198 of the Company Law, Article 65 of the Regulations on the Administration of Company Registration, Article 93 of the Partnership Enterprise Law and Article 38 of the Measures for the Administration of Partnership Enterprise Registration. ***4 penalty.
(3) Organizing or planning pyramid selling activities, or being subjected to administrative punishment for more than three times in two years because of providing convenience for pyramid selling activities, corresponding to Articles 24, 25, 26 and 27 of the Regulations on Prohibition of MLM. ***4 penalty.
(4) Those who have been subjected to administrative punishment for illegal direct selling for more than three times within two years correspond to Articles 39, 40, 41, 42, 43, 44, 46, 49, 50 and 51 of the Regulations on the Administration of Direct Selling. *** 10 fine.
(5) If an administrative penalty is imposed for unfair competition for more than three times in two years, there are also three illegal acts corresponding to Article 21 (Article 5 of illegal acts), Article 22 (Article 8 of illegal acts), Article 23 (Article 6 of illegal acts), Article 24 (Article 9 of illegal acts), Article 25 (Article 10 of illegal acts) and Article 26 (Article 13 of illegal acts), namely Although there is no clear legal responsibility in the current Anti-Unfair Competition Law, if there are clear penalties in other laws and regulations, such provisions shall prevail.
(6) Where the goods or services provided do not meet the requirements for protecting personal and property safety, resulting in personal injury and other illegal acts that seriously infringe on consumers' rights and interests, and administrative punishment is imposed for more than three times within two years, it shall correspond to Articles 49, 50, 51, 52 and 56 of the Consumer Protection Law. ***5 penalty.
(7) publishing false advertisements for more than three times within two years, or publishing false advertisements for goods or services related to consumers' life and health, causing personal injury or other serious adverse social impact, and being subject to administrative punishment, corresponding to the first paragraph of Article 55 and the third paragraph of Article 55 of the Advertising Law. ***2 penalty.
(8) Those who have been given administrative punishment for trademark infringement for more than two times within five years shall be subject to the second paragraph of Article 60 of the Trademark Law (Article 57 is illegal).
(9) The decision to stop accepting trademark agency business corresponds to Article 68 and Paragraph 3 of Article 84 of the Trademark Law. ***2 penalty.
(10) Other circumstances that violate the laws and administrative regulations on industrial and commercial administration and the circumstances are serious as stipulated by the State Administration for Industry and Commerce, which belong to the bottom clause.
Five, the start date of the list of serious illegal enterprises.
The Notice of the General Office of the State Administration for Industry and Commerce on Doing a Good Job in the Management of the List of Enterprises with Serious Violations of Law and Trust clearly stipulates the starting date of the list of enterprises with serious violations of law and trust.
(1) Credit supervision. Included in the "measures" article 5, paragraph 1 (a) of the list of serious illegal enterprises, since the date of implementation of the provisions of the calculation (20 14 10 1).
(two) the situation of administrative law enforcement. Included in the "measures" article 5, paragraph 1 (2) to (10) of the provisions of the list of serious illegal enterprises, since the date of implementation of these measures (20 16 April 1 day), calculated for the industrial and commercial departments to make the first administrative punishment, cancellation of registration and other administrative decisions.
Six, included in and removed from the list of serious illegal enterprises administrative procedures
The "Measures" follow the legislative spirit and basic principles of the superior law in the setting of administrative procedures, and are consistent with the "Regulations" and the "Interim Measures for the Administration of Business Abnormal Lists".
(1) Basic procedures for incorporating and removing credit supervision.
1. Listing procedure: pre-listing announcement. Article 8 of the "Measures" stipulates that the industrial and commercial departments shall, within 60 days before the enterprise is listed in the business exception list for three years, remind it to fulfill its relevant obligations by way of announcement through the enterprise credit information publicity system; Those who fail to fulfill the relevant obligations after 3 years shall be included in the list of serious illegal and untrustworthy enterprises within 10 working days from the date of expiration. The "Measures" are consistent with Article 15 of the "Interim Measures for the Administration of Business Anomaly Lists" in terms of program setting.
2. Disassembly procedure: Dismantle according to the application. Articles 9 and 10 of the "Measures" stipulate that if an enterprise has not experienced the circumstances specified in Article 5 within five years from the date of being included in the list of serious illegal and untrustworthy enterprises, the industrial and commercial department shall make a removal decision within five working days from the date of application of the enterprise. The "Measures" are consistent with the "Interim Measures for the Administration of Abnormal Business Lists" in the setting of removal procedures.
3. Publicity method: The list information of serious illegal and untrustworthy enterprises and the list information of abnormal operation are recorded in the name of the enterprise at the same time, and publicized on the publicity system.
(two) the basic procedures for the filing and dismissal of administrative law enforcement cases.
1. Listing procedure: direct listing. Article 8 of the Measures stipulates that the relevant information of the industrial and commercial departments shall be included in the list of serious illegal and untrustworthy enterprises within 10 working days from the date of publicity of the enterprise credit information publicity system. The procedures included in these Measures shall comply with the provisions of the second paragraph of Article 17 of the Regulations.
2. Disassembly procedure: direct disassembly. Articles 9 and 10 of the Measures stipulate that if an enterprise does not have the circumstances specified in Article 5 within five years from the date of being included in the list of serious illegal and untrustworthy enterprises, the industrial and commercial department shall make a removal decision within five working days from the date of being included in the list of serious illegal and untrustworthy enterprises. The dissolution procedures of these Measures shall comply with the provisions of the third paragraph of Article 17 of the Regulations.
3. Publicity method: The list information of enterprises with serious violation of law and dishonesty and the information of administrative punishment, cancellation of registration and suspension of accepting trademark agency business are recorded in the name of the enterprise at the same time and publicized on the publicity system.
Seven. Administrative procedures for handling objections
If an enterprise has any objection to the decision made by the industrial and commercial department to include or eliminate the list of enterprises that are seriously illegal and untrustworthy, it may directly file an objection application or apply for administrative reconsideration. If there is any mistake in the administrative decision made by the industrial and commercial department, it shall be corrected in time.
(1) Handling procedures that have objections to being included in the list of serious illegal and untrustworthy enterprises.
1. If an enterprise has any objection to being included in the list of serious illegal and untrustworthy enterprises, it may submit a written application to the industrial and commercial department that made the decision on inclusion within 30 days from the date of publicity, and submit relevant certification materials.
2. Objection to acceptance. After receiving the application materials, the industrial and commercial department shall review the certification materials submitted by the enterprise and decide whether to accept them within 5 working days. To be accepted, the production of "included in the list of serious illegal and untrustworthy enterprises objection acceptance notice", inform the applicant in writing; If it is not accepted, it shall make a Notice of Rejection of Objection to the List of Enterprises with Serious Violation of Law and Trustworthiness, and inform the applicant in writing of the reasons for rejection.
3. Objection verification. After accepting the application for objection to the inclusion of enterprises in the list of serious illegal and untrustworthy enterprises, the industrial and commercial department shall check the objection within 20 working days, and after the examination and approval by the person in charge of the department, make a Notice on the Verification Results of Objection to the List of Serious Illegal and untrustworthy Enterprises, and inform the applicant in writing.
(2) Administrative reconsideration procedure
According to the provisions of Article 12 of the Administrative Reconsideration Law, if an enterprise has any objection to the decision made by the industrial and commercial department to include or remove the list of serious illegal and untrustworthy enterprises, it may, within 60 days from the date of receiving the decision, apply to the superior administrative department or the district people's government for administrative reconsideration; Or bring an administrative lawsuit to the people's court of each district within 6 months.
(3) Error correction procedures of the industrial and commercial departments
Paragraph 2 of Article 11 of the Measures stipulates that if the industrial and commercial department finds that there is an error in listing an enterprise in the list of serious illegal and untrustworthy enterprises after verification, it shall correct it within 5 working days from the date of verification.
Article 12 of the Measures stipulates that if the administrative punishment decision based on the list of serious illegal and untrustworthy enterprises is revoked, the industrial and commercial department shall remove the enterprise from the list of serious illegal and untrustworthy enterprises within 30 days from the date when the administrative punishment decision is revoked.
Eight. Disciplinary measures of industrial and commercial departments
Market access restrictions
Article 15 of the Measures restricts the market access qualification and legal representative qualification of enterprises listed in the list of serious illegal and untrustworthy enterprises. The first paragraph stipulates that if the legal representative or person-in-charge of an enterprise listed in the list of enterprises with serious violations of law and dishonesty has already served as the legal representative or person-in-charge of other enterprises due to the circumstances specified in Item (1) of Paragraph 1 of Article 5 of the Measures, the relevant enterprise shall handle the change registration of the legal representative or person-in-charge according to law. The second paragraph stipulates that if the contact cannot be obtained through the registered residence (business premises), the relevant enterprise shall go through the registration of change of residence (business premises) according to law. If the relevant enterprise fails to handle the legal representative, responsible person, change registration or change registration of residence (business premises), it shall be investigated and dealt with by the industrial and commercial department according to law.
(B) Industrial and commercial internal linkage punishment
Article 13 of the "Measures" stipulates that four regulatory measures should be implemented for enterprises that are seriously illegal and untrustworthy: First, they should be listed as key supervision and management targets; Second, according to Item (1) of Paragraph 1 of Article 5 of the Measures, the legal representative (person in charge) of an enterprise listed in the list of serious illegal and untrustworthy enterprises shall not serve as the legal representative (person in charge) of other enterprises within 3 years; Third, it will not pass the qualification examination of the enterprise publicity activities of "abiding by contracts and valuing credit"; Fourth, the relevant honorary titles will not be awarded.
Nine, multi-sectoral joint punishment
Article 18 of the Regulations stipulates: "The local people's governments at or above the county level and their relevant departments shall establish and improve the credit restraint mechanism, and take enterprise information as an important consideration in government procurement, project bidding, transfer of state-owned land, and awarding honorary titles. And restrict or prohibit enterprises listed in the list of abnormal operations or the list of seriously illegal enterprises according to law. "
The Memorandum of Cooperation on Collaborative Supervision and Joint Punishment of Untrustworthy Enterprises of 38 departments, including the Development and Reform Commission and the State Administration for Industry and Commerce, stipulates: "In addition to the administrative department for industry and commerce, other departments shall, in accordance with the principles set out in Several Opinions of the State Council on Promoting Fair Competition in the Market and Maintaining Normal Market Order and the Notice of the State Council on Printing and Distributing the Outline of the Social Credit System Construction Plan (20 14~2020), As well as the provisions of relevant laws, regulations and normative documents, according to the information and data enjoyed by the administrative department for industry and commerce, take one or more of the following disciplinary measures against the business activities of parties with abnormal business behaviors and serious illegal and untrustworthy behaviors in this field according to law, so as to achieve the goal of' one place is illegal and everywhere is limited'. "
(1) Restrict engaging in Internet information services. Disciplinary measures: (1) If a party violates laws and regulations on industrial and commercial administration in online commodity trading and related service activities, and it is really necessary to take measures to stop illegal websites from continuing to engage in illegal activities, or if the administrative department for industry and commerce needs to close illegal websites after imposing administrative penalties on them, the administrative department for industry and commerce may, in accordance with relevant regulations, request the competent telecommunications department to order them to stop visiting illegal websites and close them according to law; (2) Restrict the parties from applying for value-added telecommunications services. Joint disciplinary departments: Ministry of Industry and Information Technology, National Network Information Office.
(2) It is restricted to serve as directors, supervisors and senior managers of securities companies, fund management companies and futures companies. Disciplinary measures: Directors, supervisors, factory directors and senior managers who are personally responsible for the bankruptcy liquidation of their companies or enterprises due to poor management or the revocation of their business licenses due to violations of the law shall not serve as directors, supervisors, senior managers and other employees of securities companies, fund management companies and futures companies within a certain period of time according to law. Joint disciplinary department: CSRC.
(3) Restrictions on financing and credit granting. Disciplinary measures: The basic database of financial credit information and credit reporting agencies collect the illegal information of the parties according to law, and provide inquiry services to financial institutions as an important reference factor for financing credit activities. Joint disciplinary departments: China People's Bank and China Banking Regulatory Commission.
(4) Restrict some high consumption behaviors. Disciplinary measures: If a party who has been given administrative punishment by the administrative department for industry and commerce for violating the laws and regulations on industrial and commercial administration and has been applied by the administrative department for industry and commerce to the people's court for compulsory execution fails to fulfill the payment obligations stipulated in the decision on administrative punishment within the time limit specified in the enforcement notice, the enforcement court shall limit his high consumption behavior according to law. Joint disciplinary departments: the Supreme People's Court, Civil Aviation Administration and Railway Bureau.
(5) Restrict the use of land provided by the government. Disciplinary measures: The administrative department of land and resources shall, according to the information and data of the administrative department for industry and commerce, make necessary restrictions on land supply. Ministry of Land and Resources.
(six) restrict participation in government procurement activities. Disciplinary measures: restrict the parties from participating in government procurement activities within a certain period of time according to law. Joint disciplinary department: Ministry of Finance.
(seven) restrict participation in project bidding. Disciplinary measures: restrict the parties from participating in the bidding activities of the project subject to tender within a certain period of time according to law. Joint disciplinary departments: Development and Reform Commission, Ministry of Commerce, Ministry of Housing and Urban-Rural Development, Ministry of Water Resources, etc.
(8) Restrictions on becoming a customs certification enterprise. Disciplinary measures: if a party applies for customs certification of enterprise management, the customs will not pass the certification. Joint disciplinary department: General Administration of Customs.
(9) restricting some businesses in the securities and futures markets. Disciplinary measures: When examining and approving the establishment, change and related business of securities, fund management companies and futures companies, the CSRC takes enterprise credit information as an important reference and strictly grasps or disapproves the application of the parties. Joint disciplinary department: CSRC.
(ten) prohibit the transfer of rights and interests of toll roads. Disciplinary measures: the parties are prohibited from accepting the rights and interests of toll roads. Joint disciplinary department: Ministry of Communications.
(eleven) restrictions on obtaining safety production licenses. Disciplinary measures: The safety production supervision and management department shall restrict the parties from applying for the safety production license. Joint disciplinary departments: State Administration of Work Safety, Ministry of Housing and Urban-Rural Development, etc.
(12) restrict access to government financial support. Disciplinary measures: restrict the parties from obtaining government financial support. Joint disciplinary departments: Development and Reform Commission and Ministry of Finance.
(13) Restrict the issuance of corporate bonds. Disciplinary measures: Restrict the parties from applying for public issuance of corporate bonds. Joint disciplinary department: Development and Reform Commission.
(14) restrictions on obtaining production licenses. Disciplinary measures: The competent department of industrial product production license in the State Council restricts the parties from applying for production license. Joint disciplinary department: AQSIQ.
(15) As an inspection and quarantine enterprise. Disciplinary measures: the party concerned is listed as a D-level enterprise with entry-exit inspection and quarantine credit, and restrictive management measures are implemented. Joint disciplinary department: AQSIQ.
(16) restricting access to relevant honors. Disciplinary measures: when awarding honorary certificates, awards, commendations and other honorary titles to enterprises and individuals in this industry and field, all departments must take abiding by credit as a basic condition; The honorary title shall not be awarded to the parties who have broken their promises and seriously violated the law during the selection period, and the honorary title obtained shall be revoked. Joint disciplinary department: all relevant departments.
(seventeen) announced to the public through major news websites. Disciplinary measures: SAIC will notify the National Network Information Office to coordinate the relevant Internet news information service units to announce to the public while publishing the information of untrustworthy enterprises on the portal website. Joint disciplinary department: National Network Information Office.
(eighteen) other joint disciplinary measures.
In addition, the industrial and commercial departments provide relevant departments with information such as enterprise registration, supervision and administrative punishment, which provides reference for their access approval and industry supervision.
Case 1: The determination that the annual report is listed in the list of enterprises that are seriously illegal and untrustworthy because it is not listed in the business exception list.
The annual report publicity system requires enterprises to submit and publicize the annual report information in turn according to the annual order, so the annual report publicity has the remarkable characteristics of continuity. For enterprises that have been included in the business exception list, if they want to report the annual report information of the current year normally, they must first report the annual report information without the annual report information of the current year before they can report the annual report information of the current year normally. In terms of system setting, the annual report declaration system also restricts the enterprises listed in the business exception list because they have not reported the annual report, and prompts enterprises to make up the information of the unreported annual report. Only when the enterprise completes the annual report information over the years, the annual report system will lift the restriction and allow the enterprise to report the annual report of the current year normally.
For example, an enterprise failed to report its annual report in 20 14 and failed to make rectification for three consecutive years, and was listed in the business exception list on July 20, 20 15. By May 18 (60 days before the expiration of the business exception list), the industrial and commercial department will start the announcement procedure to remind enterprises to fulfill relevant obligations. Upon the expiration of the announcement period, that is, 20 18, 10, if the enterprise still fails to fulfill the obligation of publicity, the industrial and commercial department will list it as a serious illegal and untrustworthy enterprise on July 20, 20 18 (10 working days). At this time, there are both information listed in the business exception list and information listed in the list of serious illegal and untrustworthy enterprises, and they are publicized in the publicity system.
Because 20 14 was not corrected after it was listed in the business exception list, it was impossible to declare the annual report for three consecutive years: 20 15, 20 16 and 20 17. By July 20, 20 18, four items in the enterprise name were listed in the business exception list information, and item 1 was listed in the list information of serious illegal and untrustworthy enterprises, and a number of untrustworthy information were: 20 14, 20 15, 20 16 and 20. Among them, 20 14 was listed in the list of business anomalies for 3 years, 20 15 for 2 years, 20 16 years, and 20 1 7 years was newly listed. According to the identification rules, it can be determined that by July 20, 20 18, four items of enterprise names will be listed in the list information of business anomalies, and 1 item will be listed in the list information of enterprises that are seriously illegal and untrustworthy, namely 20 14, 20 15, 20 16, respectively. Among them, 20 14 was listed in the list of business anomalies for 3 years, 20 15 for 2 years, 20 16 years, and 20 1 7 years was newly listed.
Case 2: the identification of being listed in the list of serious illegal and untrustworthy enterprises for three years due to other three situations.
The other three cases listed in the list of business anomalies refer to the cases where the relevant information of the enterprise is not publicized within the ordered time limit, and the relevant information of the enterprise is concealed or forged, and it cannot be contacted through the place of registration or business premises, and it is listed in the list of business anomalies 1 times after verification, resulting in the inclusion of information in the list of business anomalies 1 times. Those who have not been corrected in the list of business anomalies will be included in the list of serious illegal and untrustworthy enterprises as long as they have been in the list for 3 years. Those who have been corrected within 3 years after being included in the business exception list shall be removed from the business exception list according to the application and deleted from the list management system of serious illegal and untrustworthy enterprises.
For example, due to reasons such as the annual report data concealing the real situation, fraud, poor contact through the place of registration, etc., the enterprise was listed in the business exception list on 201610/0, and two items in the enterprise name were listed in the business exception list information. 20 16 12 (within 3 years after being listed in the list of business anomalies), the enterprise corrects its address, resumes contact, and is removed from the list of business anomalies with bad faith according to the application of the enterprise. These information listed in the abnormal business records do not meet the conditions for being listed in the list of serious illegal and untrustworthy enterprises, and will not be accumulated. However, if it has not been corrected because it has been listed in the business exception list for three years due to fraud or concealing the real situation, it shall be announced 60 days before the business exception list is completed for three years. Those that have not been corrected after the expiration of the announcement period will be included in the list of serious illegal and untrustworthy enterprises on 20 19 654381October 20.
Case 3: Identification of enterprises that have moved out of the list of serious illegal and untrustworthy enterprises within five years because they are not included in the annual report.
For example, on July 20, 20 18, an enterprise was classified as a serious illegal and untrustworthy enterprise because it failed to report its annual report in 20 14. On March/0/2009, 2065438, an enterprise made supplementary reports on four consecutive annual reports from 20/0/4 to 20/0/7. After completing the supplementary report task, apply to the industrial and commercial department to delete the list of abnormal operations and the list of serious illegal and untrustworthy enterprises. How should the industrial and commercial departments identify it?
First, the enterprise supplements the annual report and moves out of the business exception list. The industrial and commercial departments have notified enterprises to supplement the annual report for four consecutive years, namely 20 14, 20 15, 20 16 and 20 17. After the completion of the supplementary report, the industrial and commercial department shall apply for moving out of the business exception list, and make a decision to move out of the business exception list within five working days from the date of verification.
The second is to determine whether the enterprise meets the conditions for delisting from the list of serious illegal and untrustworthy enterprises. From July 20th, 20 18 to March 20th, 20 19/day, the list of seriously illegal and untrustworthy enterprises was only 1 year, less than 5 years, which did not meet the removal conditions and could not be removed for the time being.
Third, inform the enterprise of the administrative procedures for moving out. If the circumstances specified in Article 5 have not occurred for five years since it was included in the list of serious illegal and untrustworthy enterprises, the industrial and commercial department shall inform the enterprise to apply to the industrial and commercial department for delisting from the list of serious illegal and untrustworthy enterprises on July 20, 2023.
Fourth, make a decision to move out. Since July 20, 2023, if the circumstances specified in Article 5 have not occurred in the list of serious illegal and untrustworthy enterprises for five years, the industrial and commercial department shall make a decision to move out within five working days from the date of application of the enterprise.