● What is the reason for being listed in the business exception list?
There are four situations:
1. Failing to publi
● What is the reason for being listed in the business exception list?
There are four situations:
1. Failing to publicize the annual report within the time limit specified in Article 8 of the Provisional Regulations on Enterprise Information Publicity; Included in the business exception list.
2. Unable to contact through the place of registration or business premises; Included in the business exception list.
3. Failing to publicize relevant enterprise information within the time limit ordered by the administrative department for industry and commerce in accordance with the provisions of Article 10 of the Provisional Regulations on Enterprise Information Publicity; Included in the business exception list.
4, because the publicity of enterprise information to conceal the real situation, resort to deceit; Included in the business exception list.
According to Article 8 of the Regulations, an enterprise shall submit the annual report of the previous year to the administrative department for industry and commerce from/kloc-0 to June 30th every year and publicize it to the public.
● Four methods for enterprises to prompt that "the enterprise has been included in the business exception list" and apply for removal from the business exception list.
If an enterprise is included in the list of business anomalies, it may apply to the administrative department for industry and commerce for removal from the list of business anomalies within 3 years from the date of inclusion. For four different situations, the specific deletion process is as follows:
1. If the annual report is not submitted within the specified time, it will be marked as abnormal. After the annual report of the unreported year is completed and publicized, you can apply to the administrative department for industry and commerce of the enterprise for removal from the business exception list, and the administrative department for industry and commerce will make a removal decision within 5 working days from the date of accepting the application and restore the normal filing status.
2. If the registered residence or business premises can't be contacted, which leads to abnormal signs, the registered residence or business premises shall be changed according to law, or if the registered residence or business premises can be contacted again, the administrative department for industry and commerce of the enterprise shall apply for removal from the list of business anomalies with relevant supporting materials (see the description at the bottom of the form), and the administrative department for industry and commerce shall make a decision of removal within 5 days from the date of verification and restore the normal record state.
3. If the sign is abnormal due to the failure to fulfill the obligation of instant information disclosure in accordance with the regulations, and the application for restoring the normal record status is made, the administrative department for industry and commerce shall make a decision to move out within 5 working days after fulfilling the obligation of information disclosure and restore the normal record status.
4. If the publicized enterprise information conceals the real situation and is marked as abnormal through fraud, the enterprise shall, after correcting the publicized information, apply to the administrative department for industry and commerce of Xiechuang.com, where the enterprise belongs, for removal from the list of abnormal operations, and the administrative department for industry and commerce shall make a removal decision within 5 working days from the date of verification.
(hint: within 5 days and 5 working days, the meaning is different. Please pay close attention to the time. )
According to the provisions of Article 16 of the Interim Measures for the Administration of Business Abnormal List, if an enterprise has any objection to being included in the business abnormal list, it may submit a written application and relevant supporting materials to the administrative department for industry and commerce that made the decision within 30 days from the date of publicity, and the administrative department for industry and commerce shall decide whether to accept it within 5 working days. If it is accepted, it shall conduct verification within 20 working days and inform the applicant in writing of the verification results; If it is not accepted, it shall inform the applicant in writing of the reasons for not accepting it.
Note: The above-mentioned process of moving out of the business exception list is also applicable to enterprises, individual industrial and commercial households and farmers' professional cooperatives.
The above process applies to: Jinan Taian Heze Qingdao Zibo Dezhou Yantai Weifang Linyi Binzhou Dongying Zaozhuang Rizhao Laiwu Liaocheng these cities!
● What are the consequences of being listed in the business exception list?
If it is listed in the business exception list according to law, it will be publicized to the public through the credit information publicity system of market entities and recorded in the publicity information of market entities. At the same time, a departmental linkage response mechanism is established, which requires local people's governments at or above the county level and their relevant departments to establish and improve a credit restraint mechanism, which will be punished by the administrative department for industry and commerce according to law, and the legal representative and responsible person of the enterprise will be notified to the relevant departments of public security, finance, customs, taxation, etc., forming a mechanism of "one place is illegal and everywhere is restricted".
Future enterprises, government procurement, project bidding, transfer of state-owned land, awarding honorary titles, etc. , shall be restricted or banned according to law. Moreover, its enterprise legal person and person in charge will be affected by the credit restraint mechanism in bank credit, investment and financing, contract signing, customs visa, and work certificates of foreign employees in enterprises.
● What circumstances will be included in the list of serious illegal enterprises?
If an enterprise is listed in the list of business anomalies for three years and still fails to fulfill the obligation of publicity in accordance with the provisions, the State Administration for Industry and Commerce or the provincial administration for industry and commerce shall be listed in the list of seriously illegal enterprises and publicized to the public through the 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.
● How to remove from the list of serious illegal enterprises?
If an enterprise has no illegal acts within five years from the date of being included in the list of seriously illegal enterprises, it shall be removed from the list of seriously illegal enterprises by the State Administration for Industry and Commerce or the provincial administration for industry and commerce.
What will happen if the enterprise fails to submit the public annual report on time?
If an enterprise fails to submit its annual report to the society through the credit information publicity system in accordance with the provisions of the Regulations, the industrial and commercial department shall, within 10 working days from the end of the publicity of the annual report of that year, make a decision to include it in the business exception list and publicize it.
What will happen if enterprises don't publicize instant messages in time?
Where an enterprise fails to fulfill its publicity obligations in accordance with Article 10 of the Regulations, the industrial and commercial department shall order it to fulfill its publicity obligations within 10 days in writing. If the enterprise fails to publicize the information within the ordered time limit, the industrial and commercial department shall, within 10 working days from the date of expiration of the ordered time limit, make a decision to include it in the business exception list and publicize it.
● What are the consequences of corporate propaganda information concealing the truth and practicing fraud?
Where the industrial and commercial departments conduct spot checks according to law or verify according to reports, and verify that the information disclosed by enterprises conceals the real situation or practices fraud, they shall make a decision to include it in the list of business anomalies within 10 working days from the date of verification, and publicize it.
● What are the consequences of not being able to contact the enterprise through the place of registration (business premises)?
In the process of performing their duties according to law, if the industrial and commercial department cannot get in touch with the enterprise through the place of registration (business premises), it shall make a decision to include it in the business exception list within 10 working days from the date of verification and publicize it.
● How to determine the spot check list of enterprise publicity information?
The State Administration for Industry and Commerce and the provincial administration for industry and commerce shall, in accordance with the requirements of fairness and standardization, draw no less than 3% of enterprises within their respective jurisdictions, and determine the inspection list according to the random number of enterprise registration numbers.
● There are several ways to conduct spot checks on corporate publicity information.
Spot checks are divided into non-directional spot checks and directional spot checks.
Non-directional spot check means that the industrial and commercial departments randomly draw lots to determine the list of enterprises to be inspected, and check the information publicized through the enterprise credit information publicity system.
Directional spot check refers to the fact that the industrial and commercial departments randomly select and check the list of enterprises according to the specific conditions of enterprise type, business scale, industry and region, and check the information publicized through the enterprise credit information publicity system.
● What methods can enterprises take to conduct spot checks on public information?
The industrial and commercial departments can check the information publicized by enterprises by means of written inspection, on-site verification and network monitoring. During the spot check, professional institutions such as accounting firms, tax agencies and law firms can be entrusted to carry out audit, capital verification, consultation and other related work, and the results of inspection and verification made by other government departments or professional conclusions made by professional institutions according to law can be used.
● What cooperation obligations do enterprises have when accepting spot checks by the industrial and commercial departments?
When the industrial and commercial department conducts inspection according to law, the enterprise shall cooperate, accept inquiries and investigations, truthfully reflect the situation, and provide accounting materials, audit reports, administrative license certificates, administrative punishment decisions, proof of place use and other related materials according to the inspection needs.
If the enterprise does not cooperate seriously, the industrial and commercial department shall publicize it through the credit information publicity system.