Current location - Trademark Inquiry Complete Network - Trademark inquiry - Should industry and commerce be punished for not having an annual report?
Should industry and commerce be punished for not having an annual report?
industry and commerce have no annual report to punish. The punishment methods are as follows:

1. Those who fail to report annually will be included in the business exception list;

2. Being listed in the list of business anomalies for three years will be listed in the list of serious violations of law and dishonesty, and joint punishment will be implemented;

3. In some places, through local legislation, administrative penalties have been imposed on enterprises for failing to submit annual reports as required.

The ways to deal with the lack of annual report for industry and commerce are as follows:

1. Apply to the administrative department for industry and commerce;

2. After the supplementary report, you need to bring a copy of the business license (stamped with the official seal), a power of attorney and a copy of the client's ID card (stamped with the official seal) and an application for removing the abnormal list to the enterprise supervision department of the business license registration authority to apply for removing the abnormal list;

3. When applying for removal, the application authority, the reason for not submitting the annual report on time, the time for making up the report, the content of the application, and the signature and official seal shall be clearly stated;

4. The business license is a certificate issued by the administrative department for industry and commerce to allow industrial and commercial enterprises and individual operators to engage in a certain production and business activities. Its format shall be uniformly stipulated by the State Administration for Industry and Commerce;

5. The registered items are: name, address, person in charge, amount of funds, economic composition, business scope, business mode, number of employees, business term, etc. The business license is divided into original and duplicate, both of which have the same legal effect. The original shall be placed in a conspicuous position in the company's domicile or business premises, and the business license shall not be forged, altered, leased, lent or transferred;

6. Without a business license, industrial and commercial enterprises or individual operators are not allowed to start business, engrave official seals, sign contracts, register trademarks or advertise, and banks are not allowed to open accounts;

7. the difference between the original and the duplicate: the original and the duplicate of the business license have the same legal effect, and there is no difference in essence. If we talk about the difference, it is just a form of appearance. In terms of use, the original is "must be hung" in an obvious place in the business premises, otherwise you may be punished for not hanging the license; Copies are generally used for going out to handle business, such as: handling bank account opening license, enterprise organization code certificate, tax registration certificate, signing contract, etc.

8. Changing the paid-in system of registered capital into the subscription system of registered capital is the most prominent highlight of the newly revised Company Law.

to sum up, except as otherwise stipulated by laws, administrative regulations and the State Council's decision on the paid-in registered capital of the company, the provision that the shareholders of the company should make full contributions within two years from the date of establishment of the company and the investment company can make full contributions within five years has been cancelled; The provision that shareholders of a one-person limited liability company should pay their capital contribution in full at one time was cancelled. Shareholders of the company independently agree on the amount, mode and duration of capital contribution, and record them in the articles of association. This reform is conducive to individual entrepreneurship, promoting the establishment of a credit system in China and promoting the transformation of resource allocation methods.

Legal basis:

Article 8 of the Provisional Regulations on Enterprise Information Publicity

An enterprise shall submit the annual report of the previous year to the administrative department for industry and commerce through the enterprise credit information publicity system from January 1 to June 3 every year and publicize it to the public.

an enterprise registered in that year shall submit and publicize its annual report from next year.

Article 9 The contents of an enterprise's annual report include:

(1) information such as the enterprise's mailing address, postal code, contact telephone number and email address;

(2) information on the existence status of the enterprise, such as opening, closing and liquidation;

(3) information on the establishment of enterprises and the purchase of equity by enterprises;

(4) if the enterprise is a limited liability company or a joint stock limited company, the amount, time and method of capital contribution subscribed and paid by its shareholders or promoters;

(5) information on equity change such as equity transfer of shareholders of a limited liability company;

(6) information such as the name and website of the enterprise website and the online shop engaged in network operation;

(7) information on the number of employees, total assets, total liabilities, external guarantee, total owner's equity, total operating income, main business income, total profit, net profit and total tax payment of the enterprise.

the information specified in items 1 to 6 of the preceding paragraph shall be made public, and the information specified in item 7 shall be made public at the enterprise's option.

with the consent of the enterprise, citizens, legal persons or other organizations can inquire about the information that the enterprise chooses not to publicize.

article 12

if a government department finds that the information it publishes is inaccurate, it shall correct it in time. If citizens, legal persons or other organizations have evidence to prove that the information publicized by government departments is inaccurate, they have the right to ask the government departments to correct it.

if an enterprise finds that the information it publicized is inaccurate, it shall correct it in time; However, the correction of the public information in the annual report of an enterprise shall be completed before June 3th each year. The information before and after correction shall be publicized at the same time.