Interim Measures On Enterprises Information Check

Original Language Title: 企业公示信息抽查暂行办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398646.shtml

Interim measures on enterprises information check

    (Released August 19, 2014 the State administration for industry and commerce, the 67th since October 1, 2014) first in order to strengthen the supervision and management of enterprise information publicity, specification of enterprises information basis, according to provisional regulations on information publicity of enterprises, registered capital registration system reform programme, administrative regulations and the relevant provisions of the State Council, these measures are formulated.

    Article of enterprises information checks in these measures refers to randomly selected a certain proportion of the Administrative Department for industry and commerce enterprises, its public information through the business credit information publicity system of inspection activities.

Article III of the State administration for industry and commerce is responsible for guiding the country's enterprises information basis, according to needs and local industrial and commercial administrative departments in the Organization of enterprises information basis.

    Provinces, autonomous regions and municipalities directly under the administration of industry and commerce is responsible for organizations or enterprises information this area be carried out random checks.

    Fourth the State administration for industry and Commerce and the provincial, autonomous region, municipality directly under the administration of industry and commerce shall be in accordance with the norms of fair requests, random lottery, according to the business register, in the extraction area not less than 3% of the enterprise to determine the check list.

Fifth spot is divided into directional and spot checks and targeted inspection.

Directional survey is not pulled random lottery to determine the Administrative Department for industry and commerce to check list on its public information through the business credit information publicity system to check the situation.

    Directed sampling refers to the Administrative Department for industry and commerce in accordance with the type of business, business size, industry, geographic area specific conditions pulled random lottery to determine check list on its public information through the business credit information publicity system to check the situation.

Sixth levels of industrial and commercial Administration Department under the State administration for industry and Commerce and the provincial, autonomous region or municipality directly under the administration of industry and commerce in accordance with the provisions of this article fourth identify the check list to check their registered enterprises.

In regulation, the Administration for industry and Commerce found or according to the reported finding of enterprises information may be concealing the facts, fraud, enterprises can also be checked.

    Superior industrial and commercial administrative departments may appoint subordinate administrative departments for industry and commerce to be checked.

    Seventh industrial and commercial administrative departments shall after the end of each year an annual report public notice, public enterprise through the enterprise credit information system of public information was not directional and spot checks at a time. Eighth check information of enterprises industrial and commercial administrative departments, can take a written examination, field verification, network monitoring, and so on.

    Checks can be commissioned by accounting firms, tax office, law firms and other professional organizations to carry out audits, verification, advisory and other related work, according to law with other government departments to make checking, verification or professional bodies to conduct professional conclusion.

Nineth of selected industrial and commercial administrative departments implementing on-site verification, checks shall be not less than two, shall produce their certificates. Inspectors should fill out the on-site verification records record verification, by the legal representative of the enterprise (leader) is signed or sealed by confirmation.

    Cannot get the sign or seal, the inspector shall indicate the reasons and, if necessary, could also invited as witnesses.

Tenth industrial and commercial administrative departments shall carry out inspections, enterprises should cooperate, questioned the investigation objectively reflect the situation, and according to the need, providing accounting information, audit reports, administrative license, administrative punishment decision letter, proof of use, and other related materials.

    Company fails to cooperate if the circumstances are serious, the industrial and commercial administrative departments should adopt corporate credit information publicity system of publicity.

    11th administrative departments for industry and commerce the examination did not find irregularities shall, within 20 working days from the closing date of the inspection the inspection results are recorded in the company's public information.

    12th in industrial and commercial administrative departments discovered in the inspection of enterprises in accordance with the deadline set by the interim regulations on information publicity of public annual reports, or not in accordance with the term of the industrial and commercial administrative authority shall order publication of the corporate information, concealing the facts, fraud or publication of information, in accordance with the list of business exception management provisions of the interim measures.

    13th industrial and commercial administrative departments will check the results through the business credit information publicity system of publicity.

    14th 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.

    15th enterprises information check styles related instruments formulated by the State administration of industry and commerce.

    16th individual industrial and commercial households and farmers ' professional cooperative annual report information check the reference to these measures.

    17th article this way by the State administration for industry and commerce is responsible for the interpretation. 18th article of the rules take effect on October 1, 2014.