"Several Provisions on Cancellation of Company Registration by Pretending to Use Others' Identity Information to Defraud Company Registration (Interim)"

General Provisions

Article 1 is to handle registration in accordance with the law During the registration process, it is an illegal act to fraudulently use other people's identity information, deceive, and submit false materials to obtain registration. Standardize the procedures for cancellation of registration, in accordance with the "Administrative Licensing Law of the People's Republic of China" , the "Chinese People's Republic of China and the State Administration of Justice" and other relevant laws and regulations, formulate these regulations.

Scope of application

Article 2: The party concerned uses other people’s identity information to submit false materials to obtain a limited liability company (joint-stock company) and its rights through deception. The registration authority that registers the establishment or change of a branch company (hereinafter referred to as the "company") and makes the approval registration shall revoke the registration if the circumstances are serious after investigation and verification based on its authority or complaints or reports from interested parties. of.

This provision does not apply if the following circumstances exist:

(1) The company’s assets (including equity and trademark rights) have been pledged or mortgaged;

(3) The company’s assets (including equity) are transferred by judgment or ruling of the court. Transferred to a third party;

(4) The chattel mortgage has been processed;

(5) The company is in the process of administrative or civil litigation. ;

(6) Being investigated by relevant authorities for suspected other illegal activities.

Jurisdiction

Article 3 The original registration authority shall be responsible for jurisdiction. If the party concerned has completed the relocation registration, the registration authority at the place of relocation shall be responsible for the jurisdiction.

Sources of clues

Article 4 The registration authority may discover, through the following channels, any person who has used other people’s identity information to submit false materials to defraud registration through deception. Illegal acts:

(1) Clues found during supervision and inspection;

(2) Complaints and reports from interested parties;

(3) ) Assigned by superior authorities;

(4) Transferred by relevant departments or disclosed through other methods and channels;

(5) Other circumstances stipulated by laws and regulations.

Article 5 When an interested party files a complaint (report), in addition to the written complaint (report) materials, relevant evidence that the identity information has been fraudulently used can be attached.

Registration and verification of clue sources

Article 6 The registration authority shall discover clues during self-supervision and inspection, complain and report from interested parties, and assign matters to higher-level authorities. The relevant departments shall register the clue source registration form within three working days from the date when the discovery is transferred or disclosed through other methods and channels, and two persons with law enforcement qualifications shall be designated for verification.

Article 7 The registration authority shall organize a verification within 5 working days from the date of registration of the clue source.

During the verification, on-site verification shall be carried out at the registered residence (business place) of the party concerned.

Acceptance

Article 8: After verification, if the parties involved are still carrying out production and business activities normally, they shall be subject to the provisions of the Administrative Punishment Law, the Company Judiciary and other laws and regulations. , suspected of providing false materials and using deceptive means to obtain registration, the case will be opened for investigation and handling in accordance with the general procedures for administrative penalties.

The party no longer carries out production and business activities at the registered domicile (business place), its actual domicile (business place) cannot be found, and it cannot be obtained through the contact information reserved by the party in the registration system. If the application is contacted, it will be handled in accordance with the provisions of Article 69 of the Administrative Licensing Law and the requirements of these regulations. If it may cause significant damage to the interests of the public, it will not be revoked.

Article 9 If the registration authority decides to accept the complaint and conduct an investigation in accordance with the second paragraph of Article 8, it shall prepare a "Notice of Acceptance of Complaint (Report) to be Cancelled" and serve it to the named complaint Whistleblower.

If the complaint (report) is not accepted, a "Notice of Non-acceptance of Complaint (Report) to be Cancelled" should be made, informing the basis and reasons for non-acceptance, and should be sent to the named complainant and informed. The right and time limit to apply for administrative reconsideration or initiate administrative litigation.

Investigation. Investigation and evidence collection

Article 10. If the registration authority decides to accept the application, it shall conduct a timely, comprehensive, objective and fair investigation and evidence collection, and collect and identify relevant information. Facts and evidence, and in accordance with the provisions of laws and regulations, investigation and evidence collection can be conducted by means of on-site inspection, handwriting identification, investigation and inquiry, etc.

Article 11 Evidence mainly includes: documentary evidence, physical evidence, witness testimony, audio-visual materials, electronic data, statements of parties, appraisal conclusions, inspection reports, on-site inspection records, investigation records, etc.

The above evidence should comply with the requirements of laws, regulations, rules and other provisions on evidence, and the authenticity, legality and relevance of the evidence should be ensured.

Article 12 The evidence investigated and collected before the decision to accept the case, or the evidence attached when assigned by the superior authority or transferred by the relevant department, must be verified and verified before it can be used as a basis for determining the facts. evidence.

Article 13. The objects of inquiry and investigation shall include the company (branch), the authorized agent, and the company (branch) against whom the complaint is reported. Actual operating and management personnel, complainants and whistleblowers, other shareholders of the company, other direct stakeholders, etc.

Article 14 Before an inquiry and investigation, an "Inquiry Notice" shall be prepared and delivered directly to the person to be questioned and investigated.

If it cannot be delivered directly or by mail, it can be delivered at the registered address (business place) of the company (branch), or by announcing it on the registration authority's bulletin board and website, and The company or other shareholders should be notified and required to provide complaints and reports, including whether the person whose identity information was used has authorized others to sign the registration application materials and documents before applying for registration, whether he has participated in production and business activities, and whether he has participated in the distribution of profits, etc. evidence.

When conducting inquiries and investigations on complainants whose identities have been fraudulently used, they should investigate and collect information on whether they applied for establishment (change) registration of a company (branch). Know the company's (branch's) application for registration, whether it authorizes the client to sign registration materials and documents on its behalf, whether it has participated in the company's (branch's) production and operation activities, whether it has participated in profit distribution, and whether it has been recognized Registration status and materials, etc.

Article 15 During the investigation and evidence collection, the following should be focused on:

(1) Whether the copy of the identity card of the complainant in the registration materials is There is forgery or alteration;

(2) Whether the copy of the identity card of the complainant in the registration materials is provided by him or herself;

(3) Among the "Power of Attorney for Designated Representative or ***Agent", "Registration (Filing) Application", shareholders' meeting resolutions, articles of association, copies of identity cards and other materials, The authenticity, legality and validity of the signatures of the relevant personnel;

(4) Whether the relevant content in the registration materials is the true intention of the complainant;

End of Investigation

Article 16 After the investigation is terminated, an "Investigation Termination Report" shall be produced. The content of the investigation conclusion report shall include: the basic information of the parties, source information, investigation process, identified facts, relevant evidence and supporting matters, handling suggestions, etc.

Article 17: After the investigation is completed, the cases will be classified and dealt with according to different situations:

(1) Failure to comply with Article 69 of the "Administrative Licensing Law" or other legal provisions If the registration is not revoked under certain circumstances, a relevant meeting shall be organized for collective discussion and reported to the leader of the branch office for approval and decision;

(2) In compliance with the provisions of Article 69 of the "Administrative Licensing Law", If it should be revoked, report it to the leader of the branch office, convene the heads of relevant departments, and make a collective discussion to make a decision;

(3) If it is suspected of constituting a crime, it will be transferred to the judicial authorities in accordance with relevant regulations in accordance with the law.

Notification

Article 18: After the proposed cancellation of registration is approved by the person in charge of the registration authority or through collective discussion, a "Hearing Notice" will be made to inform the parties and interested parties. The person intends to make a decision to cancel the registration of the illegal facts, reasons for cancellation, basis for cancellation, content of cancellation of registration, and inform the parties of their rights to statement, defense and hearing in accordance with the law.

Article 19 The content of the hearing notice shall include the time limit for filing the hearing application, as well as the name and address of the registration agency that accepts the hearing application.

Article 20 The "Hearing Notice" shall be served directly to the parties. If the party cannot be contacted, the "Hearing Notice" can be served with a lien at the party's residence (business place) or an announcement can be made on the registration agency's bulletin board and website.

Hearing

Article 21 If the parties or interested parties apply for a hearing, they shall do so within 5 working days after receiving the "Hearing Notice", or from the date of announcement Submit an application to the registration authority within 15 days. If the party or interested party fails to apply for a hearing or makes any other indication, it shall be deemed to have waived the right to apply for a hearing.

The hearing procedure shall be carried out by the regulatory agency of the registration agency in accordance with the provisions of the "Administrative Licensing Law of the People's Republic of China" and a hearing report shall be prepared.

Review and Inspection Decision

Article 22: After the hearing is completed or the hearing notification period expires, if a decision is made to cancel the registration, it must be reported to the leader of the branch office for approval.

Article 23. The decision to cancel registration shall state the following matters:

(1) Name of the party concerned;

(2) Source;< /p>

(3) Facts and evidence;

(4) Contents and basis of the decision to cancel registration;

(5) If you are dissatisfied with the decision to cancel registration, apply for administrative review or The channels and time limits for filing administrative lawsuits;

(6) The name of the registration agency that made the decision to cancel registration and the date of the decision.

Decision delivery

Article 24 The decision to cancel registration shall be delivered directly to the party concerned. If it cannot be served directly, it may be served with a lien at the registered residence (business place) of the party concerned. Delivery, or announcement on the registration agency's bulletin board and website.

Implementation of registration cancellation decision

Article 25 The registration authority shall enter the effective registration cancellation decision in the "Yunnan Province Industrial and Commercial Integration Business System" Information related to the cancellation of enterprise registration shall be published, and the relevant contents of the cancellation decision shall be published on the "Kunming Industrial and Commercial Red Shield Information Network" and the "Kunming Market Entity Credit Information Service Supervision Platform".

Article 26 During the verification and investigation process, if it is discovered that an intermediary agency or individual has used other people’s identity information to submit false materials to defraud registration, the intermediary agency and the individual may be punished. If an individual is subject to credit punishment and it constitutes a crime, he shall be transferred to the public security organs in accordance with the law.

If an intermediary agency or individual assists a party in providing false identity information of another person, and obtains company (branch) registration by deception or other improper means, the intermediary agency shall When an organization or individual registers business as an agent for other companies (branch companies), a substantive review should be initiated.

Supplementary Provisions

Article 27 The registration authority shall make a decision within 60 days from the date of acceptance. In special circumstances, the registration authority shall hold a collective meeting after the relevant meeting. It can be extended for 30 days after discussion and decision.

The period of verification before acceptance, technical appraisal during the investigation, and announcement are not included in the period for making a processing decision referred to in the preceding paragraph.

Article 28 All materials generated by the decision to cancel registration shall be filed separately and included in the registration file.

Article 29 If a party uses other people’s identity information to submit false materials to obtain the establishment or change registration of other types of enterprises by deception, it may be handled with reference to these regulations.

Article 30 The “party” in these regulations refers to the company (branch) that has been registered for allegedly using another person’s identity information, and the “interested person” refers to the company. .Other shareholders of the company and other interested parties.

Article 31 These regulations will come into effect on November 25, 2017.