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It is a record description of abnormal business.
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Legal Analysis: The period for removing the abnormal business list is three years. Enterprises that have been included in the list of abnormal business operations may apply to the administrative department for industry and commerce that made the decision to be removed from the list of abnormal business operations if they perform their disclosure obligations in accordance with the provisions of the "Interim Regulations on the Disclosure of Enterprise Information" within 3 years from the date of entry.
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 and omit the decision shall include the name of the enterprise, the registration number, the date of removal, the reason for removal, and the organ that made the decision. 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 disclose is not performed in accordance with the provisions of these Regulations for 3 years, the administrative department for industry and commerce or the people of provinces, autonomous regions, or municipalities directly under the Central Government are to search and destroy the administrative department for industry and commerce and enter it into the list of enterprises with serious violations, and announce it to the public 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.
Legal basis: "Interim Regulations on the Disclosure of Enterprise Information" Article 18: Local people** at the county level or above and their relevant departments shall establish and complete credit restraint mechanisms, making enterprise information an important factor in consideration in procurement, project bidding, state-owned land transfers, and awarding honorary titles, and lawfully restricting or prohibiting enterprises that have been included in the list of enterprises with abnormal business operations or serious violations.
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Settlement of an enterprise's inclusion in the list of abnormal business operations: Generally speaking, as long as the party concerned fulfills the obligation of disclosure in accordance with the law within three years from the date of being included in the list, it may apply to the administrative department for industry and commerce that made the decision to be included in the list, requesting that it be removed from the list of abnormal business operations.
Article 10 of the Interim Measures for the Management of the List of Enterprises with Abnormal Business Operations: Enterprises that have been included in the list of abnormal business operations may apply to the administrative department of the workplace that made the decision to be removed from the list of abnormal business operations if they perform their disclosure obligations in accordance with the provisions of the "Interim Regulations on the Disclosure of Enterprise Information" within 3 years from the date of entry. 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 them 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 of the Interim Measures for the Management of the List of Enterprises with Abnormal Business Operations: Enterprises that are entered into the directory of abnormal business operations in accordance with article 6 of these Measures may apply to be removed from the list of abnormal business operations after supplementing the annual report for the year that has not been reported and making it public, and the administrative department for industry and commerce shall make a decision on removal within 5 working days of receiving the application.
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The methods for inquiring about the list of abnormal business operations of enterprises are as follows: 1. Search for "National Enterprise Credit Information Publicity System" and click to enter the official website; 2. Click "List of Abnormal Business Operations" on the homepage of the official website and enter the name of the query enterprise and click Query; 3. Click on the specific query company in the query interface; 4. Click "Information on Inclusion in the List of Abnormal Operations" on the specific company page; 5. In the "Information on Inclusion in the List of Abnormal Business Operations", check the reason, date, and decision-making authority for the information included in the List of Abnormal Business Operations.
Article 7 of the Company Law shall issue a business license to a company established in accordance with the law with a closed spine by the company registration authority. The date of issuance of the company's business license is the date of incorporation of the company. The company's business license shall contain the company's name, domicile, registered capital, business scope, name of the legal representative and other matters.
If there is a change in the items recorded in the company's business license, the company shall handle the change registration in accordance with the law, and the company registration authority shall renew the business license.
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If an enterprise is included in the list of abnormal business operations, it shall correct the company's conduct based on the reasons for the inclusion in the list. Article 28 of the Regulations on the Administration of Registration of Enterprise Legal Persons stipulates that the competent registration authority shall perform the following supervision and management duties for enterprise legal persons in accordance with the law: (1) Supervise the opening of the enterprise, alteration and cancellation of registration in accordance with the regulations; (2) Supervise enterprise legal persons to engage in business activities in accordance with registration matters, articles of association and contracts; (3) To supervise the compliance of enterprise legal persons and legal representatives with national laws, regulations and policies; (4) Stop and investigate the illegal business activities of enterprise legal persons, and protect the legitimate rights and interests of enterprise legal persons.
Article 30 stipulates that when dealing with the illegal activities of an enterprise legal person, the competent registration authority must ascertain the facts, handle the matter in accordance with the law, and notify the parties concerned in writing of the decision.
Article 28 of the Regulations on the Administration of Registration of Enterprise Legal Persons The competent registration authority shall perform the following supervision and management duties for enterprise legal persons in accordance with law: (1) Supervise the enterprise legal person to handle the opening, alteration, and cancellation of registration in accordance with regulations; (2) Supervise enterprise legal persons to engage in business activities in accordance with registration matters, articles of association and contracts; (3) To supervise the compliance of enterprise legal persons and legal representatives with national laws, regulations and policies; (4) Stop and investigate the illegal operation of enterprise legal persons, and protect the legitimate rights and interests of enterprise legal persons. Article 30: When handling the illegal activities of enterprise legal persons, the competent registration organs must ascertain the facts, handle them in accordance with the law, and notify the parties concerned in writing of the decision to dismantle and destroy the limbs.
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If an enterprise is removed from the list of abnormal operations, it usually takes about a month. Where an enterprise has an objection to being included in the list of abnormal business operations, it may submit a written application to the administrative department for industry and commerce that made the decision and submit relevant supporting materials, and the administrative department for industry and commerce shall decide whether to accept it within 5 working days. If it is accepted, it shall be verified within 20 working days, and the applicant shall be notified of the verification result in writing.
Article 15 of the Interim Measures for the Management of the List of Enterprises with Abnormal Business Operations.
Within 60 days prior to the completion of 3 years before an enterprise is entered into the directory of abnormal business operations, the administrative departments for industry and commerce shall remind them to perform relevant obligations through the enterprise credit information publicity system by means of an announcement; Where disclosure obligations are still not performed after 3 years, they are to be entered into the list of enterprises with serious violations, and announced to the public through the enterprise credit information publicity system.
Article 16. Where enterprises have objections to being included in the directory 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, and the administrative department for industry and commerce shall decide whether to accept it within 5 working days. 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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