Answer: The actual controller refers to a person who, although not a shareholder of the company, can actually control the company's behavior through investment relationships, agreements or other arrangements.
31. What is an affiliated relationship?
Answer: An affiliated relationship refers to the company’s controlling shareholders, actual controllers, directors, supervisors, senior managers and the companies they directly or indirectly control. relationships, and other relationships that may result in the transfer of company interests. However, state-controlled enterprises are related not only because they are also controlled by the state.
32. What conditions should be met to establish a limited liability company?
Answer: (1) The shareholders meet the quorum; (2) The shareholder’s capital contribution reaches the minimum legal capital limit; (3) Share
Dongfang jointly formulates articles of association; (4) has a company name and establishes an organizational structure that meets the requirements of a limited liability company; (5) has a company domicile.
33. What matters should be stated in the articles of association of a limited liability company?
Answer: (1) Company name and address; (2) Company business scope; (3) Company registered capital; (4) The name of the shareholder; (5) The shareholder’s method, amount and time of investment; (6) The company’s organization and its formation method, powers and rules of procedure; (7) The legal representative of the company; (8) Other matters deemed necessary by the shareholders' meeting.
34. Can minors serve as directors, supervisors, or senior managers of a company?
Answer: According to the "Company Law", minors have no capacity for civil conduct or Persons with limited capacity for civil conduct shall not serve as directors, supervisors, or senior managers of the company.
35. What are the reasons for company dissolution?
Answer: (1) The expiration of the business period stipulated in the company's articles of association or the occurrence of other reasons for dissolution stipulated in the company's articles of association; (2) Shareholders' meeting Or the general meeting of shareholders resolves to dissolve;
(3) Dissolution is required due to company merger or division;
(4) The business license is revoked, ordered to close or revoked in accordance with the law;
(5) The People’s Court shall be dissolved.
36. What matters should be stated in the shareholder capital contribution certificate of a limited liability company?
Answer: (1) Company name;
(2) Date of establishment of the company ;
(3) Registered capital of the company;
(4) Name of shareholder, amount of capital contribution paid and date of capital contribution;
(5) Capital contribution The number and date of issue of the certificate.
37. What matters are recorded in the register of shareholders of a limited liability company?
Answer: (1) The name and address of the shareholder;
(2) The name of the shareholder Amount of investment;
(3) Investment certificate number.
38. What is the procedure for annual inspection of enterprises?
Answer: (1) The enterprise submits annual inspection materials;
(2) The enterprise registration authority accepts and reviews the annual inspection materials of enterprises. ;
(3) The enterprise pays the annual inspection fee;
(4) The enterprise registration authority stamps the annual inspection stamp on the copy of the business license and returns the copy of the business license.
39. What does the annual inspection report of an enterprise include?
Answer: (1) Registration matters;
(2) Filing matters;
(3) External investment situation;
(4) Establishment and cancellation of branches;
(5) Operation situation.
40. How should an enterprise apply for a name change?
Answer: If the name of an enterprise applying for a change is under the jurisdiction of the registration authority, the registration authority shall directly handle the change registration.
If an enterprise applies for a name change that is not under the jurisdiction of the registration authority, the enterprise registration authority shall conduct a preliminary review of the enterprise's proposed name change and submit the enterprise name change approval to the industrial and commercial administrative authority with jurisdiction over the name. Submission letter, application name pre-approved.
Within 30 days from the date of approval of the registration change of the enterprise name, the enterprise shall apply for registration of the change of the name of its branch.
41. Who will preside over the shareholders’ meeting of a limited liability company?
Answer: (1) If a limited liability company establishes a board of directors, the shareholders’ meeting shall be convened by the board of directors and chaired by the chairman;
p>
(2) If the chairman is unable or fails to perform his duties, the vice chairman shall preside; (3) If the vice chairman is unable or fails to perform his duties, more than half of the directors shall jointly elect a director host. (4) If a limited liability company does not have a board of directors, the shareholders' meeting shall be convened and chaired by the executive director. (5) If the board of directors or the executive director is unable or fails to perform the duty of convening a shareholders' meeting, the board of supervisors or the supervisor of the company without a board of supervisors shall convene and preside over it; (6) If the board of supervisors or the supervisor fails to convene and preside over the meeting, more than one-tenth of the representatives shall Shareholders with voting rights can convene and chair the meeting themselves.
42. What are the regulatory measures for Category A enterprises stipulated in our province’s enterprise credit classification supervision plan?
Answer: Mainly encourage and support Category A (trustworthy enterprises) , in addition to special rectification and reporting, "no report, no response" is implemented. In order to constrain enterprises to operate in compliance with the law, increase awareness of responsibility, and reduce regulatory risks, Class A enterprises should be properly supervised, special rectification inspections, timely inspections, and annual inspections are exempted from review. Enterprises with risk level one: no less than four inspections per half a year; enterprises with level two risk: no less than one inspection in half a year; enterprises with level three risk: exempt from daily inspections unless specifically involved in special rectification.
43. What are the supervisory measures for Class B enterprises stipulated in our province’s enterprise credit classification supervision plan?
Answer: An early warning mechanism must be established for Class B (warning enterprises) in accordance with the law. Set computer system warning prompts and warning period locks, focus on inspections during special rectifications, and conduct timely inspections according to warning prompts. Risk level one enterprises: regular inspections once a month, risk level two enterprises: regular inspections every two months, risk level three enterprises: regular inspections every quarter; for Class B enterprises that need to make corrections, a "Notice of Order to Correct" is issued in a timely manner 》, if a case needs to be filed for investigation, it will be filed for investigation and dealt with in a timely manner; it will be reviewed during the annual inspection.
44. What are the regulatory measures for Category C enterprises stipulated in our province’s enterprise credit classification supervision plan?
Answer: A dishonesty punishment mechanism must be established for Category C (untrustworthy enterprises). Set key warning prompts and relevant content locks, time limits and restrictions on related matters in the computer system in accordance with the law, conduct key inspections during special rectifications, and conduct immediate inspections based on warnings and locked content. Risk level one enterprises: regular inspections once a week, risk level two enterprises: regular inspections every half a month, risk level three enterprises: regular inspections once a month; for Class C enterprises that need to make corrections, a "Notice of Order to Correct" is issued in a timely manner 》, if a case needs to be filed for investigation, it will be filed for investigation and dealt with in a timely manner, and the annual inspection will focus on a comprehensive review.
45. What are the methods of corporate supervision and inspection?
Answer: 1. Regular inspection. An inspection should be conducted on a newly established enterprise six months after its registration, and an annual inspection should be conducted on the enterprise within the specified time in the next year.
2. Daily inspection. Routine inspections and supervision of enterprises in the jurisdiction shall be carried out in accordance with the supervision frequency and measures stipulated in the "Enterprise Credit Classification Supervision Implementation Plan", and targeted inspections of enterprises may also be carried out based on reporting clues.
3. Special inspection. Inspections of enterprises in specific industries and fields within the prescribed time and scope in accordance with national special governance decisions and unified deployment by superiors.
4. Key inspections. In daily inspections and regular inspections, key inspections must be carried out in strict accordance with the inspection items and inspection contents for registration matters involving food and other safety production enterprises.
46. How to deal with an enterprise that conceals the true situation or commits fraud during the annual inspection?
Answer: If an enterprise conceals the true situation or commits fraud during the annual inspection, the enterprise registration authority shall order it to make corrections within a time limit.
If it belongs to a company, a fine of not less than 10,000 yuan but not more than 50,000 yuan will be imposed; if the circumstances are serious, the business license will be revoked.
Those that belong to branches, non-corporate corporate legal persons and their branches, foreign (regional) enterprises that come to China to engage in business activities, and other business units shall be fined not more than 30,000 yuan. Those that belong to partnerships, sole proprietorships and their branches shall be fined not more than 3,000 yuan.
47. Among the adjusted functions of the State Administration for Industry and Commerce, what are the contents related to the supervision of enterprises?
Answer: (2) Responsible for various types of enterprises, farmers' professional cooperatives and enterprises engaged in Registration, supervision and management of market entities such as units and individuals operating activities, as well as permanent representative offices of foreign (regional) enterprises, and the responsibility to investigate and ban unlicensed operations in accordance with the law.
(11) Organize and guide the credit classification management of enterprises, individual industrial and commercial households, and commodity trading markets, research and analyze and publish basic registration information of market entities, trademark registration information, etc. in accordance with the law, to provide government decision-making and the public with information Information Services.
(12) Responsible for the service, supervision and management of the business activities of individual industrial and commercial households and private enterprises.
48. What requirements does the "Measures for Equity Pledge Registration of Industrial and Commercial Administrative Agencies" have for the equity applying for pledge registration?
Answer: The equity applying for pledge registration should be legal in accordance with the law. Transferred and pledged equity. For equity that has been frozen by the people's court, no application for equity pledge registration may be made before the freeze is lifted. If the equity of a foreign-invested company is pledged, it must be approved by the original company establishment approval authority before the pledge registration can be processed.
49. Which of the following special restrictions does a one-person limited liability company have on the capital system?
Answer: (1) The minimum registered capital of a one-person limited liability company is RMB 100,000. ; (2) Shareholders shall pay the capital contribution amount stipulated in the company's articles of association in full at one time; (3) A natural person can only invest in the establishment of a one-person limited liability company. This one-person limited liability company cannot invest in the establishment of a new one-person limited liability company.
50. When an enterprise requests the industrial and commercial administration to handle a name dispute, what materials should it submit to the industrial and commercial administration that has approved the name of another person?
Answer: (1) Application form;
(2) Applicant’s qualification certificate;
(3) Evidence materials;
(4) Other relevant materials.
If entrusting an agent, a power of attorney and proof of the entrusted person’s qualifications must also be submitted.
51. What is classified supervision of corporate credit?
Answer: Classified supervision of corporate credit is based on the industrial and commercial administrative organs’ own functions, based on economic household registration management, and based on information construction. Guarantee, classify enterprises according to their credit level, carry out supervision with different focuses and measures according to classification, and adopt measures such as guidance, inspection, prompts, warnings, warnings, lock-ups, penalties, return visits and other measures in accordance with the law to publish good and bad credit records of enterprises and other means to improve the efficiency of corporate supervision and management, encourage integrity, and punish dishonesty.
52. How does our province classify and classify enterprises when implementing enterprise credit classification supervision?
Answer: Enterprises are divided into four categories according to their credit status, namely: Category A: trustworthy enterprises (indicated by a green card), Category B: warning enterprises (indicated by a blue card), Category C: dishonest enterprises (indicated by a yellow card), Category D: seriously dishonest enterprises (indicated by a black card). Among them, categories A, B, and C are each divided into three levels, namely: risk level one, risk level two, and risk level three. Category D is not divided into risk levels.
53. What is the basis for classifying enterprise risk levels in our province?
Answer: Risk-level enterprises are enterprises in key industries, including food, medicine, medical equipment, and sexual health products. , salt industry, small coal mines, non-coal mines, pesticides, fertilizers, agricultural films, seeds, entertainment services (singing and dancing entertainment, karaoke, electronic games), audio and video products, books and newspapers, printing, civilian explosives, hazardous chemicals, coal , refined oil, scrapped car recycling and dismantling, pig slaughtering, Internet cafes, road transportation and other industries that require pre-approval.
Risk secondary enterprises are hot enterprises, which are divided according to key areas and the special status of the enterprise itself, including enterprises in main streets, around schools, near party and government agencies, tourist attractions, urban-rural fringes and other areas, markets , supermarkets, large shopping malls and other enterprises with wide coverage, and public enterprises with monopoly status.
Risk level three enterprises refer to enterprises other than the above-mentioned enterprises.
54. What are the specific provisions of the "Company Law" and "Company Registration Management Regulations" that determine the characterization and punishment of false capital contributions? Who is the subject of the punishment?
Answer: 1) False The qualitative basis for the capital contribution case is Article 23(2), Article 28 and Article 200 of the Company Law.
2) The basis for punishment is Article 200 of the "Company Law" and Article 70 of the "Company Registration Management Regulations": the company registration authority shall order corrections and impose a fine of more than 5% and less than 15% of the false capital contribution fine.
3) The main subjects of punishment are company promoters and shareholders.
55. What are the specific provisions of the "Company Law" and "Company Registration Management Regulations" that determine the characterization and punishment of false capital contributions? Who is the subject of the punishment?
Answer: 1) Escape The qualitative basis for the capital contribution case is Article 36 of the Company Law.
2) The basis for punishment is Article 201 of the "Company Law" and Article 71 of the "Company Registration Management Regulations": the company registration authority shall order corrections and impose a penalty of more than 5% of the amount of funds withdrawn. Penalty of less than 15%.
3) The main subjects of punishment are company promoters and shareholders.
56. What content should the enterprise registration authority disclose at the enterprise registration place?
Answer: (1) Registration matters;
(2) Registration basis; < /p>
(3) Registration conditions;
(4) Registration procedures and deadlines;
(5) Catalog of application materials to be submitted;
( 6) Registration fee standards and basis;
(7) Sample application format text.
57. Under what circumstances can the enterprise registration authority or its superior authority revoke registration at the request of an interested party or based on its authority?
Answer: (1) Dereliction of duty. Decision to approve registration;
(2) Decision to approve registration beyond the legal authority;
(3) Approval of registration to applicants who are not qualified to apply or do not meet statutory conditions
(4) Other circumstances in which the decision to approve registration can be revoked in accordance with the law.
If a licensee obtains registration through improper means such as deception or bribery, it shall be revoked. If the cancellation of registration may cause significant damage to the interests of the public, it shall not be cancelled, but shall be ordered to make corrections or be corrected.
58. After the industrial and commercial administration authorities accept a dispute over an enterprise name, what procedures should be followed?
Answer: After the industrial and commercial administrative authorities accept a dispute over an enterprise name, they should follow the following procedures Process within 6 months:
(1) Verify the registration status of the applicant and the respondent’s business names;
(2) Investigate and verify the materials submitted by the applicant and Relevant dispute situation;
(3) Notify the respondent in writing of the relevant name dispute situation, and require the respondent to submit written opinions on the disputed issues within one month;
( 4) Handle the case in accordance with the principles of protecting industrial property rights and the relevant regulations on enterprise name registration and management.
59. What are the laws, regulations and State Administration’s regulations related to the supervision and management of enterprise registration? Please name 10 of them.
Answer: "Regulations of the People's Republic of China on the Registration and Management of Enterprise Legal Persons"
"Detailed Implementation Rules of the Regulations of the People's Republic of China on the Registration and Management of Enterprise Legal Persons"
"Company Law of the People's Republic of China"
"Regulations of the People's Republic of China on Company Registration and Management"
"Individuals of the People's Republic of China" Sole Proprietorship Law"
"Sole Proprietorship Registration and Management Measures"
"Partnership Law of the People's Republic of China"
"People's Republic of China Partnership Enterprise Law" *Measures for the Registration and Management of Partnership Enterprises"
"Regulations of the People's Republic of China on Collectively-owned Enterprises in Urban Areas"
"Regulations of the People's Republic of China on Collectively-owned Enterprises in Rural Areas" "
"Enterprise Registration Procedure Regulations"
"Enterprise Name Registration Management Regulations"
"Enterprise Name Registration Management Implementation Measures"
"Regulations on Registration and Management of Legal Representatives of Enterprises"
"Regulations on Registration and Management of Registered Capital of Companies"
"Regulations on Registration and Management of Business Scope of Enterprises"
"Enterprise Annual Inspection Methods"
60. What are the specific provisions of the "Company Law" and "Company Registration Management Regulations" that provide the basis for characterization and punishment of falsely reporting registered capital? Who is the subject of punishment?
Answer : 1) The qualitative basis for the case of falsely reporting registered capital is Article 23(2), Article 27 and Article 199 of the Company Law.
2) The basis for punishment is Article 199 of the "Company Law" and Article 68 of the "Company Registration Management Regulations": the company registration authority shall order corrections and impose a penalty of 5% of the amount of falsely reported registered capital. A fine of not more than 15% shall be imposed; if the circumstances are serious, the company registration shall be revoked or the business license shall be revoked.
3) The subject of punishment is the company.
3. Risk questions:
(1) 30-point value question
1. The "Company Law" stipulates that a liquidation group should be established for liquidation when a company is dissolved, then What powers does the liquidation team exercise during the liquidation period?
Answer: (1) Clean up the company’s assets and prepare a balance sheet and property list respectively; (2) Notify and announce creditors; (3) Handle liquidation-related matters The company's unfinished business; (4) Paying the taxes owed and taxes incurred during the liquidation process; (5) Settling up claims and debts; (6) Disposing of the company's remaining property after paying off debts; (7) Participating on behalf of the company Civil litigation activities.
2. What are the supervisory measures for Class D enterprises stipulated in our province’s enterprise credit classification supervision plan?
Answer: An elimination mechanism must be established for Class D (seriously untrustworthy enterprises). Distinguish between different situations and take the following measures:
1. If the company is ordered to close or declared bankrupt, deregistration shall be carried out in accordance with the law, and the identity record of the legal representative of the enterprise during the bankruptcy period shall be recorded in the credit file and locked. .
2. If the business license should be revoked, the revocation procedures and procedures should be implemented immediately, a revocation announcement should be issued, and the case should be made public; the legal representative of the enterprise that is directly responsible should be locked and made public; the legal representative of the revoked enterprise If a person concurrently serves as the legal representative (responsible person) of other enterprises, he shall be ordered to change.
3. Those belonging to other serious breaches of trust, regardless of risk, will be listed as key supervision objects within three years. During special rectification, key inspections will be carried out first, and immediate inspections will be carried out in accordance with warnings, locked content, and restricted content, and can be carried out Focus on random inspections and real-time monitoring; if corrections are needed, a "Notice of Order to Correct" will be issued in a timely manner, and if a case needs to be filed for investigation, the case will be filed for investigation and dealt with in a timely manner, and a return visit will be made immediately after the case is closed; key reviews will be conducted when handling various industrial and commercial administrative administrative licenses and registrations; The company must submit an annual audit report during its annual inspection.
3. What are the principles for identifying illegal corporate capital contributions?
Answer: 1) Based on whether the capital contributions of the company’s promoters and shareholders have entered the company’s basic account, after entering the company’s basic account, Withdrawal shall be deemed as withdrawal of capital; illegal capital contribution that has not been entered into the company's basic account shall be deemed as false declaration of registered capital or false capital contribution.
2) Based on whether the company’s shareholders have expressed their consent, if all shareholders know or should know that there is illegal capital contribution, it will be deemed as the company’s false declaration of registered capital; if individual shareholders know about it, it will be deemed as false capital contribution. .
3) If a company is registered by borrowing funds from others without control to verify the capital, it will be deemed as false reporting of registered capital or false capital contribution.
4) For a company that implements installment payment, if the shareholders or promoters fail to deliver the subscribed capital within the prescribed time limit, it is a false capital contribution. However, upon expiration of the full capital contribution period stipulated in the articles of association, the company’s paid-in capital will still be insufficient. For registered capital, it is a false declaration of registered capital.
4. What is false declaration of registered capital? What are its manifestations?
Answer: False declaration of registered capital means that the applicant intentionally uses forgery, fictitiousness, alteration, or alteration when applying for company registration. The act of fabricating the registered capital by providing supporting documents or using other methods to conceal the truth, or failing to perform capital contribution obligations after subscribing for capital or shares, deceiving the company registration authority to obtain company registration.
The manifestations are:
1. All shareholders use the capital to enter the special account for capital verification, but fail to transfer the capital to the company's basic account, or the capital is lost before being transferred from the temporary account to the basic account. and other means to fabricate all or part of the paid-in capital.
2. Failure to perform capital contribution obligations after subscribing capital and subscribing shares has exceeded the statutory capital contribution period.
3. Forging bank statements to obtain registration before sufficient funds have been raised.
4. Make high-amount declarations with low-amount funds.
5. What is false capital contribution? What are its manifestations?
Answer: False capital contribution means that the company’s promoters and shareholders violate the provisions of laws and regulations and fail to deliver currency, in kind or in kind. The property rights cannot be transferred, or the capital contributions subscribed or subscribed are not delivered within the time limit stipulated in the articles of association, resulting in false capital contributions.
The manifestations include:
1. All or part of the non-monetary investment has not been transferred.
2. The company uses the company’s other bank accounts to lend funds to shareholders in the name of loans, and then uses the shareholders’ names as investments to increase registered capital.
3. The method used is to forge investment documents, such as bank invoices, deposit certificates, purchase invoices, etc. to obtain capital verification reports and obtain approval for registration.
4. Although some shareholders’ capital contributions were entered into the special account for capital verification, they did not transfer their capital contributions to the company’s basic account after the company was established.
5. The capital contribution has been subscribed or subscribed, but has not actually been delivered (or has not been delivered in full) or has not been delivered on time as stipulated in the articles of association.
6. What is capital withdrawal? What are its manifestations?
Answer: Capital withdrawal means that after the company is established, the company's promoters and shareholders arbitrarily transfer the funds already in place without going through legal procedures. The act of withdrawing all or part of the capital contribution, so that the actual control of this part of the property is returned from the enterprise to the investors themselves.
The manifestations include:
1. Abnormal business expenses and withdrawal of monetary funds without legitimate reasons.
2. Use monetary investment to repay shareholder debts without going through legal procedures, or return the physical objects that have been valued as investment to others.
3. Illegally transfer the physical objects, intellectual property rights, patents, non-patented technologies, and land use rights that have been transferred to others for use.
4. Use loan funds for capital verification. After the company is established, the company funds will be used to repay the loan funds without authorization.
5. The monetary investment part is withdrawn in the name of purchasing equipment, etc., and is entered into the account using fake shopping receipts.
(2) 50-point question
1. Under what circumstances should an enterprise stop operating relevant projects and promptly apply to the enterprise registration authority for business scope change registration or deregistration?
Answer: (1) After the general business items in the business scope are adjusted to licensed business items due to laws, administrative regulations, or decisions of the State Council, the enterprise fails to apply for approval procedures in accordance with relevant regulations and obtains approval; < /p>
(2) Laws, administrative regulations, or decisions of the State Council require re-examination and approval of licensed business items within the business scope, but the enterprise fails to apply for approval procedures and obtain approval in accordance with relevant regulations;
(3) For a licensed business item within the business scope, the business period approved by the examination and approval authority has expired and the enterprise has not reapplied for the examination and approval procedures and obtained approval;
(4) A licensed business item within the business scope has been approved by the examination and approval authority Canceled.
2. What special provisions does the "Company Law" have for the transfer of equity by shareholders of a limited liability company to persons other than shareholders?
Answer: (1) Transfer of equity by shareholders to persons other than shareholders , must be approved by more than half of other shareholders. (2) Shareholders should notify other shareholders in writing to seek their consent regarding the transfer of their equity. If other shareholders do not respond within thirty days from the date of receipt of the written notice, they will be deemed to have agreed to the transfer. (3) If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree should purchase the transferred equity; if they do not purchase, it will be deemed to have agreed to the transfer. (4) For equity transferred with the consent of shareholders, other shareholders have the right of first refusal under the same conditions. (5) If the company's articles of association have other provisions on equity transfer, those provisions shall prevail.
3. Under what circumstances can a limited liability company acquire shareholders’ equity?
Answer: Under any of the following circumstances, shareholders who voted against the resolution of the shareholders’ meeting may request The company acquires its equity at a reasonable price: (1) The company does not distribute profits to shareholders for five consecutive years, but the company has made profits for five consecutive years and meets the conditions for profit distribution stipulated in this law; (2) The company merges, splits, or transfers (3) The business period stipulated in the company's articles of association expires or other reasons for dissolution stipulated in the articles of association arise, and the shareholders' meeting passes a resolution to amend the articles of association to enable the company to survive.
4. When conducting daily inspections of enterprises, what are the specific inspection items? Please name 10 of them.
Answer: The specific inspection items are:
1. Whether the business license is used legally
2. Whether the company name is used legally
3 .Whether business activities were carried out within six months after registration or stopped voluntarily after opening? 4. Whether there were any illegal activities regarding registered capital
5. Whether false certification documents were provided or other fraudulent means to obtain company registration
6. Whether the residence (business place) has been changed without authorization
7. Whether the business activities have exceeded the approved and registered business scope
8. Whether the legal representative has engaged in business activities within the registered business period
9. Whether the legal representative has held office in violation of regulations
10. Whether he has engaged in illegal business activities
< p> 11. Whether the pre-approval license or approval document is within the validity period12. Whether to participate in the annual inspection as required
13. Whether to handle change registration as required
14. Is there any failure to complete relevant filing procedures as required?
15. Whether a business premises is established outside the residence or business premises without authorization
16. Directors, managers and other senior Whether managers are prohibited from holding office
17. Whether they have been ordered to make corrections within a time limit by the company registration authority
18. Whether they are still operating after their business licenses have been revoked
19. Whether the liquidation is carried out in accordance with the regulations, and whether there are any illegal activities such as concealing assets, making false records, distributing property before paying off debts, misappropriating the company's property, or carrying out business activities unrelated to the liquidation
20. Merger , division, capital reduction, whether to notify and announce creditors in accordance with regulations
21. Whether to use the name of the company to engage in activities that endanger national security and social welfare interests
5. The industrial and commercial office is responsible What is the process for daily local supervision of enterprises within its jurisdiction?
Answer: The Industry and Commerce Office is responsible for the daily local supervision of enterprises within its jurisdiction. The process is as follows:
1. Determine each enterprise The regulatory responsibility area and responsible person.
2. The director of the industrial and commercial director shall claim the enterprises belonging to his/her jurisdiction on time.
3. The Director of Industry and Commerce shall assign inspection tasks to the responsible areas and responsible persons according to the prompts of the information system, and determine the inspection target enterprises, inspection items and key inspection contents of the enterprises.
4. Inspectors must make basic preparations before the inspection.
5. Prepare the "Enterprise Inspection Record Form" or inspection record book before the inspection.
6. The inspector conducts an on-site inspection of the enterprise and fills in the "Enterprise Inspection Record Form" or inspection record book.
7. The inspector shall report the inspection situation to the director in a timely manner and enter the inspection record into the information system.
8. The director of industry and commerce shall promptly report matters and illegal activities that require early warning and targeting during inspections to higher-level authorities.
9. The director of industry and commerce conducts immediate inspections and regular assessments of the supervision work in each area of ??responsibility.
6. What is the inspection content of whether an enterprise has illegal activities on registered capital as stipulated in the provincial domestic investment supervision regulations?
Answer: The inspection content is:
For companies that have registered capital paid in installments, the company’s paid-in capital delivery status shall be verified on-site in accordance with the paid-in capital delivery period, capital contribution amount, and capital contribution method stipulated in the articles of association. During the inspection, the enterprise should be required to produce proof of paid-in capital, such as accounting books recording paid-in capital or the latest financial statements, financial accounting reports and original certificates of payment of shares by investors; if necessary, the bank of the enterprise can be inquired Check whether the records of paid-in capital in the financial statements are consistent with the registration status. During the inspection, the actual inspection contents should be compared with the matters recorded in the articles of association, capital verification report, and evaluation report to verify whether the paid-in capital is consistent with the registered capital, whether the monetary capital has arrived, and whether the non-monetary capital has gone through the transfer of property rights or actual payment procedures in accordance with regulations. , if the capital is paid in installments, whether the paid-in capital is paid within the time limit specified in the articles of association.