Interim Regulations On Information Publicity

Original Language Title: 企业信息公示暂行条例

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People's Republic of China promulgated by Decree No. 654

                          
The interim regulations on information publicity on July 23, 2014 for enterprises adopted by the 57th Executive meeting of the State Council, are hereby promulgated and take effect on October 1, 2014.
                             Prime Minister Li keqiang
  August 7, 2014 interim regulations on information publicity

First in order to ensure fair competition and promote enterprises ' honesty and self-discipline, standardize enterprise information publicity, strengthen credit restraint, maintain security, improve the efficiency of supervision, expand the social supervision, this Ordinance is enacted.

Information referred to in article II of this Ordinance refers to registration in the Administration for industry and commerce enterprises engaging in production and business activities in the form of information, as well as government departments in carrying out their duties to reflect the situation of enterprise information generated in the process. Article information publicity of enterprises shall be truthful and timely. Publication information involving State secrets, national security or public interests, shall be submitted to the competent administrations of secrecy or national security authorities.

Relevant departments of the local people's Governments at or above the county level public information involves trade secrets or personal privacy, should be submitted to the approval of the competent authorities.

Article fourth of provinces, autonomous regions and municipalities the administrative company information publicity work, in accordance with the General requirements of the national social credit information platform construction, promote the construction of the enterprise credit information publicity system of the administrative regions. Article fifth administrative departments for industry and commerce under the State Council to promote and supervise business information publicity work and organization construction of the enterprise credit information publicity system.

Other relevant departments under the State Council in accordance with the provisions of this Ordinance do business information publicity related work.

Relevant departments of the local people's Governments at or above the county level in accordance with the provisions of this Ordinance doing public information work in enterprise.

Sixth industrial and commercial administrative departments shall, through the business credit information publicity system, produced in the course of public notice in the performance of their duties the following information:

(A) the registration, record information;

(B) the chattel mortgage registration information;

(C) equity pledge registration information;

(D) the administrative penalty information;

(E) other public information according to law.

Enterprise information prescribed in the preceding paragraph shall, within 20 working days from the date of publication.

Seventh industrial and commercial administrative departments and other government departments (hereinafter referred to as other government departments) should be produced in the course of public notice in the performance of their duties the following information:

(A) the license granted, changes, further information;

(B) the administrative penalty information;

(Iii) other publication information according to law. Other government departments, business credit information publicity system, or by other enterprise information systems public notice prescribed in the preceding paragraph.

Industrial and commercial administrative departments and other government agencies shall, in accordance with General requirements for the construction of social credit information platform, achieving interconnection of information sharing.

Article eighth enterprises shall be from January 1 to June 30 of each year, through the business credit information publicity system to industrial and commercial administrative departments to submit annual reports of the previous year, and to the public.

Established registered businesses, submission and publication of the annual report beginning next year.

Nineth annual report include:

(A) business mailing address, postal code, telephone number, email address and other information;

(B) acquired status information such as opening, closing, liquidation of enterprises;

(C) corporate investment in enterprises, purchased stock information;

(D) the business as a limited liability company or a joint stock limited company, its shareholders or promoters subscribed and paid-up capital, capital contribution, contribution forms and other information;

(E) the transfer of limited liability company shareholders ' equity equity change information;

(Vi) corporate website, as well as network management information such as the name, the URL of the online shop;

(G) enterprises number of employees, total assets, total liabilities, owners ' equity, and provide surety total, business income, business income, gross profit, net profit, total tax information.

Information from the first to the sixth provision of the preceding paragraph shall provide the public, seventh provision of information selected by the company to the public.

Agreed by the companies, citizens, legal persons or other organizations may chose not to query Enterprise publicity information.

Tenth Enterprise shall, within 20 working days from the date on which the following information form through the business credit information publicity system to the public:

(A) the limited liability company or a corporation sponsor subscription and full payment of contributions, investment of time, investment and other information;

(B) the transfer of limited liability company shareholders ' equity equity change information;

(C) the acquisition, change and continuity of administrative licensing information;

(D) intellectual property rights pledge registration information;

(E) information subject to administrative penalties;

(Vi) other publication information according to law.

Administration for industry and Commerce found that enterprises not fulfilling publicity obligations set forth in the preceding paragraph, shall be ordered to make its deadline to fulfil.

11th Government departments and enterprises of each of their public information is responsible for the authenticity and timeliness. 12th Government departments found that the publication of inaccurate information should be corrected in a timely manner.

Citizens, legal persons or other organizations there is evidence that Government departments publication of inaccurate information, may require the Government to be corrected. Companies are finding their publicity information is not accurate, should be corrected in a timely manner, however, annual report the correction of public information shall be completed by June 30 of each year.

Correct information should be at the same time before and after publication.

13th the citizens, legal persons or other organizations found that publication of false information, to report to the Administrative Department for industry and commerce, receives reports of administrative departments for industry and commerce shall within 20 working days of receiving the report material verification deal and will notify the informer.

Citizens, legal persons or other organizations with questions about public enterprise information in accordance with this Ordinance, may apply to the Government Department queries, query applications received Government Department shall, within 20 working days of receipt of the application the written replies to the applicant.

14th State Council administration for industry and Commerce departments and provinces, autonomous regions and municipalities Administration for industry and commerce shall, in accordance with equitable norms of requirements under company registration number random lottery determined sample of enterprises, organizations to check the situation of enterprises information. Industrial and commercial Administrative Department inspection of enterprises information can take a written examination, field verification, network monitoring, and so on.

Industrial and commercial administrative departments check information of enterprises may be entrusted with accounting firms, tax firms, law firms and other professional organizations to carry out related work, and to make use of other government departments to make checking, verification or professional bodies to conduct professional conclusion.

Sampling checks by the Administrative Department for industry and Commerce through the business credit information publicity system to the public.

15th information administrative departments for industry and commerce enterprises to carry out inspection or verification according to the report, enterprises should cooperate, questioned the investigation objectively reflect the situation, providing related materials.

Not to cooperate with serious business, industrial and commercial administrative departments should adopt corporate credit information publicity system of publicity.

16th article of any citizen, legal person or other organization may unlawfully modifying publication information, not to obtain information illegally.

17th under any of the following circumstances, industry and commerce administration departments at or above the county level in the operating list of exceptions, through the business credit information publicity system to the public to remind them of their fulfilling publicity obligations; the circumstances are serious, by the relevant authorities in accordance with relevant laws, administrative regulations, administrative penalties; causes damage to others shall bear liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) the enterprise is not in accordance with the provisions of this regulation the term public annual reports or were not in accordance with the term of the industrial and commercial administrative authority shall order publication of enterprise-related information;

(B) public information conceals the true condition of the company, fraud. Were included in the management exception list of enterprises in accordance with the provisions of this Ordinance to meet publicity obligations, industrial and commercial administrative departments at and above the county level out of the operating anomaly list 3 years not fulfilling publicity obligations in accordance with this Ordinance, by the Administrative Department for industry and commerce under the State Council or provincial, autonomous region, municipality directly under the Administrative Department for industry and commerce under the list of serious illegal enterprise, and through the business credit information publicity system to the public.

Been included in the list of serious illegal enterprises, responsible person of the legal representative of the enterprise, 3 years for other, responsible person of the legal representative of the enterprise.

Enterprises were included in the list of serious illegal enterprises for 5 years after the date specified in the first paragraph shall be formulated by the Administrative Department for industry and commerce or the provinces, autonomous regions and municipalities Administration for industry and Commerce out of the serious breach of business listings.

18th local people's Governments at or above the county level and their departments shall establish and improve credit constraint mechanisms in government procurement, bidding, State-owned land, a title of honour and other work, enterprise information, as an important factor, to be included in management exception list or list of the serious breach of business enterprise shall be restricted or banned.

19th Government departments did not perform their duties in accordance with the provisions of this Ordinance by the supervisory organs, upper-level Government Department be ordered to correct serious cases, the persons in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

20th unlawful modifications public enterprise information, or illegal access to information, in accordance with relevant laws and administrative regulations shall be investigated for legal responsibility.

Article 21st of citizens, legal persons or other organizations in government departments in the enterprise information publicity in violation of their legitimate rights and interests of the specific administrative act, may apply for administrative reconsideration or bring an administrative suit.

22nd enterprise public information in accordance with this Ordinance, does not exempt pursuant to other relevant laws, administrative regulations, publicity information obligations.

Article 23rd legal and authorized rights to administer public affairs organizations public information applying the provisions of this Ordinance with respect to public information of government departments.

24th State Council administration for industry and commerce is responsible for the development of enterprise credit information publicity system of technical specifications.

Self-employed, farmers ' professional cooperative information disclosure and the specific measures formulated by the Administrative Department for industry and commerce under the State Council separately. 25th article of the regulations come into force on October 1, 2014.

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