Directory Of Business Exception Management Interim Measures

Original Language Title: 企业经营异常名录管理暂行办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398661.shtml

Directory of business exception management interim measures

    (August 19, 2014 National Business Administration General makes 68th, announced since October 1, 2014 up purposes) first article for specification enterprise business exception directory management, guarantees fair competition, promote enterprise integrity self-discipline, strengthened enterprise credit constraints, maintenance trading security, expanded social supervision, according to People's Republic of China company registration Management Ordinance, and enterprise information publicity interim regulations, and registered capital registration system reform programme, administrative regulations and State about provides, developed this approach.

    Second industrial and commercial administrative departments will have an abnormal situation of enterprises included in the management exception list, publicity through the business credit information publicity system, reminded its public obligations.

Article III of the State administration for industry and commerce is responsible for directing the national directory of business exception management.

    Industrial and commercial administrative departments at and above the county level are responsible for registration of its enterprise management exception list management.

Fourth administrative departments for industry and Commerce above the county level enterprises of one of the following circumstances should be included in the management exception list:

(A) is not in accordance with the term of the interim regulations on information publicity article eighth public annual reports;

(B) is not in the Administrative Department for industry and commerce in accordance with the interim regulations on information publicity of the tenth article ordered within the period of publication of the corporate information;

(C) public information hiding the truth and deception;

    (D) through the registered place of residence or business cannot be contacted. The fifth industrial and commercial administrative departments, enterprises included in the exception list, included in the decision should be made, will be included in the directory of business exception information is recorded in the enterprise in the public information and credit information publicity system of publicity.

    Included in the decision shall include the business name, registration number, included in the decision on the date, reasons for include, bodies.

    The sixth Enterprise fails to comply with the interim regulations on information publicity article eighth through the business credit information on the public announcement system to submit an annual report to the public, industrial and commercial administrative departments at the time the annual report within 10 working days from the closing date of the announcement made the decision to include it in the directory of business exceptions and be publicized. Article seventh Enterprise fails to comply with the interim regulations on information publicity article tenth of the provisions to meet publicity obligations, administration for industry and commerce shall be ordered to carry out publicity in the 10th duty in writing.

    Enterprises within the term of the order public information, administration for industry and commerce shall order made within 10 working days from the date of expiry of the decision to include it in the directory of business exceptions and be publicized.

    The eighth industrial and commercial administrative departments shall carry out inspection or verification according to reports verified public information conceals the true condition of the company, fraud, shall verify within 10 working days of the decision to include it in the directory of business exceptions and be publicized.

Nineth in their duties according to law by the Administrative Department for industry and Commerce registered residence or business premises unable to contact the Enterprise shall verify within 10 working days of the decision to include it in the directory of business exceptions and be publicized. Industrial and commercial administrative departments can be mailed by way of private correspondence and business linkages. As to the registration, residence or place of business mail nobody sign twice, through the registered place of residence or business cannot be contacted.

    Mailing interval shall not be less than twice on 15th, not later than 30th.

Management exception list in tenth business within 3 years from the date of the inclusion, in accordance with the provisions of the interim regulations on information publicity perform the obligation of publicity, made the decision on the inclusion of industry and commerce administration departments moved out of the directory of business exceptions. Administration of industry and commerce in accordance with the provisions of the preceding paragraph to move the enterprise management exception list, moved out of the decision should be made, and publicity through the business credit information publicity system.

    Remove decision should include the company name, registration number and out of date, out of the subject matter, the decision bodies.

    11th in accordance with these measures management exception list in article sixth of the enterprise, and after the publication of the annual report of the year event is not reported, abnormal applications out of the business directory, administration for industry and commerce shall within 5 working days from the date of receipt of an application, made out of the decision.

    12th in line with the way management exception list in article seventh after fulfilling publicity obligations of enterprises, management exception list of applications out of, administration for industry and commerce shall within 5 working days from the date of receipt of an application, made out of the decision.

    13th article in accordance with the way management exception list in article eighth company to correct its public information, can apply to the industrial and commercial administrative departments out of business exception list, administration for industry and commerce shall be found out within 5 working days from the date of decision.

    14th in accordance with to the way management exception list in article Nineth enterprises, in accordance with the law of his domicile or place of business registration, made through the registered place of residence or business or enterprise can regain contact, application out of the directory of business exceptions, industrial and commercial administrative departments shall verify out within 5 working days from the date of decision.

    15th industrial and commercial administrative departments shall expire on management exception list in Enterprise 3 years ago 60 days through the business credit information publicity system in the manner of announcement tips the fulfilment of their obligations; 3 years is still not fulfilling publicity obligations, be included in the list of serious illegal enterprise, and through the business credit information publicity system to the public. 16th business exceptions list in an enterprise object, from the date of publication in the 30th to apply to the industrial and commercial administrative departments in writing of the decision and submit the relevant supporting material, industrial and commercial administrative department shall, within 5 working days to decide whether to accept.

To be admissible, shall verify within 20 working days, and inform the applicant in writing the verification results; inadmissible, will not be accepted to inform the applicant in writing of the reasons for it.

    Industrial and commercial administrative departments discovered through verification the inclusion of enterprise management exception list error, shall be verified within 5 working days from the date to be corrected.

    Article 17th of operating anomalies, move list in enterprise decision, may apply for administrative reconsideration or bring an administrative suit.

    18th industrial and commercial administrative departments did not perform their duties in accordance with the relevant provisions of the measures, the upper-level administration for industry and commerce shall order rectification in serious cases, the persons in charge and other persons directly responsible shall be dealt with in accordance with the relevant provisions.

    Article 19th style exception related to list management instruments formulated by the State administration of industry and commerce.

    The 20th article of the approach by the State administration for industry and commerce is responsible for the interpretation. 21st article this way come into force October 1, 2014. February 24, 2006, released by the State administration for industry and commerce, the 23rd of the enterprise annual inspection procedures be abrogated.