What are the consequences of false company registration? Pray for the great gods.

Crime of false capital contribution. False capital contribution or withdrawal of capital contribution is a crime if the amount is huge, the consequences are serious or there are other serious circumstances. This is the main boundary between crime and non-crime. If the shareholders and promoters of the company fail to deliver money or physical objects or transfer property rights, make false capital contributions, or evade capital contributions after the establishment of the company, the amount is not large and the consequences are not serious, which does not constitute a crime, they can be dealt with in other ways. The so-called insufficient capital contribution means that the actor overestimates the actual value of the physical objects, industrial property rights, non-patented technologies and land use rights contributed by him for various reasons, resulting in his capital contribution being lower than the subscribed capital contribution, or his capital contribution is insufficient due to objective reasons such as force majeure. For this kind of behavior, if the actor has no intention of fraud subjectively, of course, he can't be investigated for the crime of false capital contribution, and he can only bear civil liabilities such as making up the capital contribution in accordance with the relevant provisions of the Company Law and the Civil Law. Article 25 of the Company Law clearly stipulates that if a shareholder fails to pay the subscribed capital contribution in accordance with relevant regulations, he shall be liable for breach of contract to the shareholder who has paid the capital contribution in full. What needs to be discussed here is how to characterize the situation that the investment is made in kind, industrial property rights, non-patented technology or land use rights, and the investment is deliberately overestimated or deceived and underestimated when evaluating the price. Some people regard such behavior as one of the objective manifestations of the crime of false capital contribution; Others think that this kind of behavior is far-fetched whether it is subjective malice or objective crime. The author believes that according to Article 159 of the Criminal Law and the relevant provisions of the Company Law, the above-mentioned false capital contribution behavior is not an objective manifestation of the crime of false capital contribution and should not be punished as this crime. According to the provisions of Article 159 of the Criminal Law, the crime of false capital contribution is objectively manifested as "the promoters and shareholders of the company violate the provisions of the company law, fail to deliver money, physical objects or transfer property rights, and make false capital contribution". The "false capital contribution" here is obviously a summary of the nature of these behaviors, rather than another independent false capital contribution behavior juxtaposed with these behaviors. Therefore, the objective expression of this crime can only be one of three behaviors, excluding the contribution of physical objects, industrial property rights, non-patented technology or land use rights, so as to cheat in evaluating the price. In addition, from the relevant provisions of the Company Law, we can also see this legislative purpose. The provisions of Articles 208 and 28 of the Company Law clearly reflect the attitude of legislators, that is, if necessary, criminal law sanctions should be imposed on false capital contributions that have not been delivered in currency, in kind or transferred property rights; However, when evaluating the price, deliberately overestimate or underestimate the contribution value of physical objects, industrial property rights, non-patented technology or land use rights by deception, and make false contributions, only the civil liability of the relevant personnel will be investigated, and it will not be treated as false contributions. Because the subject of this crime can only be the promoters and shareholders of limited liability companies and joint stock limited companies, it is impossible for people outside these two types to make false contributions to this crime. Then, is there a problem of false capital contribution by people other than the promoters and shareholders of limited liability companies and joint stock limited companies? According to relevant administrative regulations and departmental rules, this phenomenon also exists. The third paragraph of Article 7 of the Regulations on the Administration of the Registration of Enterprise Legal Persons promulgated by the State Council stipulates that the unit applying for the registration of enterprise legal persons shall have the amount of funds that meet the requirements of the state and are suitable for the scale of its production and operation services; Item 7 of Article 15 of the Detailed Rules for the Implementation of the Regulations on the Administration of Enterprise Legal Person Registration promulgated by the State Administration for Industry and Commerce also stipulates that an application for enterprise legal person registration shall have a registered capital that meets the prescribed amount and is suitable for the business scope. This shows that the establishment of other enterprise legal persons other than limited liability companies and joint stock limited companies must also have a certain registered capital (here, it is just called registered capital), and the applicant for enterprise legal person registration must also make a paid-in contribution, not a false contribution. Article 41 of the Detailed Rules for the Implementation of the Regulations on the Administration of Registration of Enterprise as a Legal Person also stipulates that if the actual capital of an enterprise as a legal person is increased or decreased by more than 20% compared with the original registered capital, it shall apply to the original registration authority for registration of change with the capital credit certificate or capital verification certificate. In practice, there is also the possibility of false capital contribution when a limited liability company or a person other than the promoters or shareholders of a joint stock limited company applies for the registration of an enterprise legal person other than the company. For example, in the case of insufficient funds, they collude with capital verification institutions to issue false capital contribution certificates, but investors of such enterprises as legal persons cannot be punished for the crime of false capital contribution, and can only be given administrative punishment according to relevant administrative regulations. This reflects the intention of legislators to choose the focus of criminal law and control the crackdown on crime. The provisions of article 159 1 of China's criminal law on the crime of false capital contribution and withdrawal of capital contribution. The promoters and shareholders of a company who, in violation of the Company Law, fail to pay money or transfer property rights, make false capital contributions, or withdraw their capital contributions after the establishment of the company, and the amount is huge, with serious consequences or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined at least 2% 10% of the amount of false capital contributions. Article 3 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards of Economic Crime Cases (hereinafter referred to as the Provisions) stipulates that the promoters and shareholders of a company, in violation of the provisions of the Company Law, fail to deliver money, objects or transfer property rights, make false capital contributions, or withdraw their capital contributions after the establishment of the company, should be prosecuted if they are suspected of one of the following circumstances: 1, make false capital contributions, withdraw their capital contributions, and give them to the company. 2, although not up to the above amount standard, but has one of the following circumstances; (1) causes the company to be insolvent or unable to operate normally; (2) The promoters and shareholders of the company conspire to make false capital contributions or withdraw capital contributions; (3) Having been subjected to administrative punishment for more than two times for making false capital contributions or withdrawing capital contributions; (four) illegal activities by using false capital contribution or withdrawing funds from capital contribution.