Industrial and commercial information shows that Jinghua Company under Sun Qing’s name has been included in the list of abnormal operations.
Two years ago, Sun Qing (pseudonym), who was traveling in Beijing, accidentally lost his ID card. This year, she accidentally discovered that her identity information had been fraudulently used, she was registered as a legal person of a company, and she was also included in the directory of abnormal business operations. Recently, Sun Qing made a special trip to Beijing from Jiangsu and was busy at the police station, industrial and commercial bureau, and judicial appraisal agency, hoping to change the company under his name into the original legal person. Some lawyers said that if your ID card is lost, you should report it to the police station where your permanent residence is. If the resident ID card is lost and used by others, the person who lost the ID card will not bear any responsibility.
After I lost my ID card
He had a company in his name.
2065 438+05 . 2 . 23 Sun Qing posted a post on Moments, "On a bad day, my wallet went to watch the flag raising." Two years later, when Sun Qing thought of this post on Moments, he felt that he Your luck is not just as simple as losing your ID card.
In 2015, in order to fulfill his mother's wish, Sun Qing took his family to Beijing. While watching the flag-raising ceremony in Tiananmen Square, Sun Qing discovered that his wallet had been stolen. In addition to money, several return tickets and ID cards for himself and his family were also stolen.
After returning home to Zhangjiagang, Jiangsu Province, Sun Qing went to the local public security bureau again to apply for an ID card.
I thought the incident of losing my ID card was over, but recently, Sun Qing’s husband saw a company under her name in the corporate information investigation tool. At that time, my husband searched for information about other companies, accidentally searched for my name, and found that there was another company in Beijing.
Sun Qing said he had no knowledge of this. "It was definitely not mine in Beijing. I also asked a friend in Beijing to help me check and found that it was indeed my ID number. The change date was in 2016, after my ID card was stolen, so I thought about it and someone used it. Lost ID card.”
Beiqing Daily reporter consulted Yu Chao, a lawyer from the Shanghai office of Jingheng Law Group, regarding the legal issues involved in fraudulent use of ID cards.
Yu Chao introduced that according to the relevant provisions of the "Resident Identity Card Law", if a citizen loses his or her identity card, he or she should report it to the public security police station where the permanent residence is located. "The act of handling a lost ID card itself informs the public security organ of the fact that the ID card has been lost. There is no need to report the loss and make a statement in the newspaper, and there is no relevant law requiring citizens to do this after losing their resident ID card."
Yu Chao said that if the resident ID card is lost and used by others, the user and the review department will bear corresponding legal responsibilities. Those who lose their documents do not need to bear any responsibility and can choose to report the case to the public security organ. According to Article 29 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of the People's Republic of China (3)", if someone falsely uses the name of another person to contribute capital and registers another person as a shareholder at the registration authority, the person who registered under the false name shall Take corresponding responsibilities.
In addition, according to Article 280-1 of the "Criminal Law of the People's Republic of China" "the crime of using false identity documents and stealing identity documents", in activities that require proof of identity in accordance with national regulations, the use of Anyone who forges, alters or steals other people's resident ID cards, passports, social security cards, driver's licenses and other documents that can prove their identity shall, if the circumstances are serious, be sentenced to criminal detention or surveillance, and shall also be fined.
Yu Chao introduced that if the party concerned complains to the industrial and commercial administrative department and the industrial and commercial administrative department does not handle it, he can also file an administrative lawsuit. "In addition, they can also sue the company for compensation."
Yu Chao explained that according to Article 198 of the "Company Law of the People's Republic of China", in violation of the provisions of this law, false reporting of registered capital, If a company submits false materials or conceals important facts to obtain company registration, the company registration authority shall order it to make corrections and impose a fine of not less than 5% but not more than 15% on the company that falsely declares its registered capital; if it submits false materials or conceals important facts by other fraudulent means, it shall be fined 5% A fine of not less than 10,000 yuan but not more than 500,000 yuan may be imposed; if the circumstances are serious, the company registration or business license may be revoked.