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If an enterprise is included in the list of abnormal operations by the industrial and commercial bureau, it must first be removed from the abnormal business list, see what causes the abnormality, and then solve the problem according to different reasons. 1. Enterprises that fail to submit annual reports in accordance with regulations may apply to the industrial and commercial departments for removal from the list of abnormal business operations after supplementing the annual reports for the year that have not been reported and publicizing them; II. Enterprises that fail to perform their immediate information disclosure obligations in accordance with provisions should first perform their information disclosure obligations before applying to the industrial and commercial departments for removal from the list of abnormal business operations; 3. Where the information of the disclosed enterprise conceals the true situation or falsifies it, after correcting the information it discloses, it shall apply to the industrial and commercial departments for removal from the directory of abnormal business operations; Where enterprises have objections to being included in the list of abnormal business operations, they may submit a written application to the administrative department for industry and commerce that made the decision and submit relevant supporting materials within 30 days of the announcement.
In addition, an enterprise may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law for a decision to be included in the list of abnormal business operations.
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The specific process of <> is as follows:
1. Enter the Xiechuang network (formerly China Industrial and Commercial Registration Network), find the province or city site to which the enterprise belongs, and enter the "Industrial and Commercial Enterprise Annual Report System".
2. Enter the guide for removing from the list of abnormal business operations to check the reasons for the exception. (The annual report of the year of the year that has not been declared on time is supplemented within the time limit, and the measures for dealing with other abnormal reasons such as abnormal addresses are explained above.) )
4. Bring the Application Form for Removal of Enterprises from the List of Abnormal Business Operations and the supporting materials for removal from the List of Abnormal Business Operations, and submit the application to the industrial and commercial bureau to which the enterprise belongs. Wait for review.
5. The industrial and commercial bureau shall make a decision to remove the information within 5 working days after receiving the information, and restore the normal record status. where it is accepted, it shall be verified within 20 working days, and the applicant shall be informed in writing of the verification results; If it is not accepted, the applicant shall be informed in writing of the reasons for the inadmissibility.
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Of course, you must first remove from the anomaly list before you can cancel it.
When an enterprise applies for removal from the list of abnormal business operations, it needs to prepare the following written materials and apply for removal from the registration authority and the individual enterprise supervision department:
The first is the proof that the relevant publicity obligations have been fulfilled, including the annual report of the unreported year has been supplemented and publicized, the obligation of instant information disclosure has been fulfilled, the disclosure information that has been concealed and falsified has been corrected, and the relevant proof that the domicile (business place) has been changed or the contact has been re-obtained through the registration place;
The third is a copy of the copy of the industrial and commercial business license, and the above materials are stamped with the official seal of the enterprise.
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Legal analysis: If the business license has not been included in the list of abnormal business operations, the annual report should be supplemented, and the annual report can be supplemented within three years, but the sooner the better.
If an enterprise fulfills its obligation to publicize its annual report within 3 years, it may apply for restoration of its normal recording status; If it fails to perform for more than 3 years, the industrial and commercial organs will permanently include it in the blacklist of enterprises with serious violations. From January 1 to June 30 of each year, enterprises shall submit their annual reports for the previous year to the administrative departments for industry and commerce through the enterprise credit information publicity system, and announce them to the public. Enterprises established and registered in the current year will submit and publicize the annual report from the next year.
2) Information on the status of the enterprise's existence, such as the opening, closure, and liquidation;
3) Information on the establishment of enterprises and the purchase of equity by enterprises;
4) If the enterprise is a limited liability company or a share, its shareholders or promoters have subscribed and paid in the amount of capital contribution, time of capital contribution, method of capital contribution and other information;
5) Information on equity changes such as equity transfer of shareholders of a limited liability company;
7) The number of employees, total assets, total liabilities, external guarantees, total owners' equity, total operating income, main business income, total profits, net profits, and total tax payments.
The information provided for in items 1 through 6 of the preceding paragraph shall be disclosed to the public, and the information provided for in item 7 is to be disclosed to the public at the choice of the enterprise. With the consent of the enterprise, citizens, legal persons, or their organizations may inquire about the information that the enterprise chooses not to disclose.
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<>Da Honghua Bend Return] Hello friends, when a company is included in the list of abnormal operations, its requirements for annual reports are different from those of ordinary enterprises, and the following are the specific practices: 1Submit explanatory materials.
Enterprises are required to submit explanatory materials to the registration authority, explaining the reasons for being included in the list of abnormal business operations, and providing an explanation of the rectification documents. These materials should be submitted prior to the submission of the annual report. 2.
Annual report content requirements. In the annual report, the company must clearly list the circumstances listed in the list of abnormal operations and explain what measures have been taken to rectify the situation. If an enterprise fails to rectify the situation in a timely manner or fails to provide relevant materials, its annual report may be found to be "non-compliant".
3.The time when the annual report is submitted. Enterprises should note that once they are included in the list of abnormal operations, the annual report submission time will be brought forward to the end of March, instead of the end of April for ordinary enterprises.
Therefore, companies need to arrange the preparation of their annual reports in advance to ensure that all work is completed before the deadline. <>
In short, if an enterprise is included in the list of abnormal operations, it must strictly comply with the relevant regulations, submit explanatory materials, explain the corrective measures, and clearly explain the source in the annual report. Only in this way can businesses avoid the undesirable consequences of non-compliance. I hope mine can help you<>
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Legal Analysis: Enterprises included in the list of abnormal business operations may apply to the industrial and commercial department that made the decision to be included in the list for removal from the list of abnormal business operations if they perform their disclosure obligations in accordance with law within 3 years from the date of entry.
Condition 1: Make a supplementary report in a timely manner. At present, the annual report function of the publicity system has been opened again, and those who have not yet reported the annual report should hurry up and make up the report, don't forget that there is also a publicity column to fill in truthfully.
Condition 2: The time limit must be within three years from the date of inclusion in the abnormal list. Of course, early supplement, early application, early removal.
Condition 3: Apply to the administrative authority for industry and commerce. After the supplementary report, you need to bring a copy of the business license (with the official seal), the power of attorney and a copy of the entrusted person's ID card (with the official seal) and the application form for removal from the abnormal list to the enterprise supervision department of Yu Kaixiang's business license registration agency to apply for removal from the abnormal list.
The application for removal shall indicate the organ applying for the application, the reason for the failure to report on time, the time of the supplementary report, the content of the application, and the payment with the official seal.
Legal basis: "Interim Regulations on the Disclosure of Enterprise Information" Article 17: In any of the following circumstances, the administrative departments for industry and commerce at the county level or above are to enter them into the directory of abnormal business operations, and announce them to the public through the enterprise credit information publicity system, reminding them to perform their disclosure obligations; where the circumstances are serious, the relevant competent departments are to give administrative punishments in accordance with the provisions of relevant laws and administrative regulations; where losses are caused to others, they shall be liable for compensation in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law
1) Enterprises fail to disclose their annual reports within the time limit provided for in these Regulations or fail to disclose relevant enterprise information within the time limit ordered by the administrative department for industry and commerce;
2) The company's public announcement letter conceals the true situation or falsifies.
Where enterprises entered into the directory of abnormal business operations perform disclosure obligations in accordance with the provisions of these Regulations, the administrative departments for industry and commerce at the county level or above are to remove them from the directory of abnormal business operations; Where the obligation to display is not performed in accordance with the provisions of these Regulations for 3 years, the administrative department for industry and commerce or the administrative department for industry and commerce of the people's government of a province, autonomous region, or municipality directly under the Central Government shall enter it into the list of enterprises with serious violations, and announce it to the Society through the enterprise credit information publicity system. The legally-designated representative or responsible person of an enterprise that has been included in the list of enterprises with serious violations must not serve as the legally-designated representative or responsible person of another enterprise for 3 years.
Where the circumstances provided for in the first paragraph have not occurred again for 5 years since the enterprise was included in the list of enterprises with serious violations, the administrative department for industry and commerce or the administrative department for industry and commerce of the people's department of a province, autonomous region, or municipality directly under the Central Government shall remove it from the list of enterprises with serious violations.
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1. Methods for removing the list of abnormal business operations.
1. All annual reports need to be submitted before they are eligible to apply for removal from the abnormal list.
4. Fill in the ** content item by item, sign by the legal representative (person in charge), and stamp the seal of Shanji enterprise.
6. The administrative department for industry and commerce shall make a decision to remove from the application within 5 working days from the date of receipt of the application, and restore the normal record status. 2. The reason why the company was included in the list of abnormal business operations:
1. The enterprise fails to publicize the annual report information within the specified time limit;
2. The enterprise fails to publicize the relevant enterprise information within the time limit ordered by the industrial and commercial department;
3. Concealing the true situation and falsifying the information publicized by the enterprise;
4. The enterprise cannot be contacted through the registered residence or business place.
Legal basis] Interim Measures for the Management of the List of Abnormal Business Operations of Demolition and Rolling Enterprises
Article 7: Where an enterprise fails to perform its disclosure obligations in accordance with Article 10 of the "Interim Regulations on the Disclosure of Enterprise Information", the administrative department for industry and commerce shall order it in writing to perform its disclosure obligations within 10 days. Where an enterprise fails to disclose information within the time limit for the order, the administrative department for industry and commerce shall make a decision to enter it into the directory of abnormal business operations within 10 working days of the completion of the period for the order, and make a public announcement.
Article 10: Where enterprises entered into the directory of abnormal business operations perform their disclosure obligations in accordance with the "Interim Regulations on the Disclosure of Enterprise Information" within 3 years of being listed, they may apply to the administrative department for industry and commerce that made the decision to remove them from the directory of abnormal business operations.
Where the administrative departments for industry and commerce remove enterprises from the directory of abnormal business operations in accordance with the provisions of the preceding paragraph, they shall make a decision to remove them and announce it through the enterprise credit information publicity system. The decision to remove shall include the name of the enterprise, registration number, date of removal, the reason for removal, and the organ that made the decision.
Article 11: Enterprises that are entered into the directory of irregular business operations in accordance with article 6 of these Measures may apply to be removed from the directory after supplementing the annual report for the year that has not been reported and making it public, and the administrative departments for industry and commerce shall make a decision to remove them within 5 working days of receiving the application.
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