What should I do if the enterprise is included in the list of abnormal operations?

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.

In any of the following circumstances, the competent registration authority may, according to the circumstances, give a warning, a fine, confiscation of illegal gains, suspension of business for rectification, withholding, or revocation of the Business License of an Enterprise Legal Person

1) Concealing the true situation, falsifying or opening a business without approval of registration;

2) Changing the main registration items without authorization or engaging in business activities beyond the scope of business approved for registration;

3) Failure to handle cancellation of registration in accordance with provisions;

4) Falsifying, altering, leasing, lending, transferring, or selling copies of the "Business License for Enterprise Legal Person" or "Business License for Enterprise Legal Person";

5) Evading or transferring funds, or concealing assets to evade debts;

6) Engaging in illegal business activities.

When an enterprise legal person is punished in accordance with relevant provisions, the administrative and economic responsibility of the legal representative shall be pursued according to the circumstances of the violation; Where the criminal law is violated, the judicial organs shall pursue criminal responsibility in accordance with law. If an enterprise legal person is dissatisfied with the penalty imposed by the competent registration authority, it may apply for reconsideration to the competent registration authority at the next higher level within 15 days of receiving the penalty notice. The higher-level registration authority shall make a reconsideration decision within 30 days of receiving the application for reconsideration.

If the applicant is not satisfied with the reconsideration decision, he may file a lawsuit with the people's court within 30 days of receiving the notice of reconsideration. Where an appeal is not filed within the time limit and fines and forfeitures are not paid, the competent registration organ may apply to the people's court for compulsory enforcement in accordance with the prescribed procedures.

Laws and Regulations

Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons

Article 28: The competent registration authority shall perform the following supervision and management duties with respect to enterprise legal persons in accordance with law:

1) Supervise the enterprise legal person to handle the registration, alteration and cancellation of business in accordance with the regulations;

2) Supervise the business activities of enterprise legal persons in accordance with registration matters, articles of association and contracts;

3) 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: When handling the illegal activities of enterprise legal persons, the competent registration authority must ascertain the facts, handle it in accordance with law, and notify the parties in writing of the disposition decision.

According to the "Measures for the Management of the List of Abnormal Business Operations":

Article 9: [Circumstances of Removal]Where the reasons for an enterprise being entered into the directory of abnormal business operations disappear within 3 years of the date of entry, they may apply to the administrative department for industry and commerce that made the decision to enter it to restore the normal state of entry.

Where an enterprise is deregistered within 3 years from the date on which it is entered into the list of abnormal business operations, it shall be removed within 7 days from the date of deregistration.

Where the administrative departments for industry and commerce remove enterprises from the directory of abnormal business operations in accordance with the first paragraph of this article, they shall make a decision to remove them and announce it in the enterprise credit information publicity system. The decision to remove shall include the enterprise name, registration number, date of removal, and reason for removal.

Article 10: [Procedures for Removal of Annual Reports in Accordance with Regulations] Where an enterprise that has been entered into the directory of abnormal business operations in accordance with Article 6 of these Measures applies to restore the normal record status, after the annual report for the year not reported is supplemented and publicized, the administrative department for industry and commerce shall make a decision to remove it within 7 days from the date of the announcement, and restore the normal record status.

Article 11: [Procedures for Immediate Announcement and Removal in Accordance with Regulations]Where an enterprise that has been entered into the directory of abnormal business operations in accordance with Article 7 of these Measures applies for restoration of the normal recording status after performing the disclosure obligation, the administrative department for industry and commerce shall make a removal decision within 7 days of the date of the announcement, and restore the normal recording status.

Article 12: [Procedures for Removal of Domicile (Business Premises)] Where an enterprise that has been entered into the directory of abnormal business operations in accordance with Article 8 of these Measures goes through the registration of a change of domicile (business premises) in accordance with law, or the enterprise proposes that it can be contacted again through the registered domicile (business premises) and applies for a restoration of the normal recorded status, the administrative department for industry and commerce shall make a decision to remove it within 7 days of the date of verification and restore the normal recorded status.

1. Enter the Xiechuang Network (formerly the China Industrial Disturbance Business Registration Network). 2. After entering, select the city or province site to which your enterprise belongs. 3. Enter the annual report system of industrial and commercial enterprises.

IV. Guidelines for Entering and Removing from the List of Abnormal Business Operations. 5. Check the reasons for the exceptions, there are four kinds of exceptions, and select the corresponding ones. 6. The annual report of the year of the year that has not been declared on time has been made within the time limit, and the treatment methods for other abnormal reasons such as abnormal addresses are explained above.

7. Application Form for Removal of Enterprises from the List of Abnormal Business Operations. 8. 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 explain what supporting materials are required, and the required materials are different for different abnormal reasons. 9. Bring the above information to the hall of the industrial and commercial bureau of the enterprise to submit the application.

Wait for review. 10. 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.

Legal basis

Article 7 of the Company Law shall issue a business license to a company established in accordance with the law 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 indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.

If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.

If an enterprise is included in the list of abnormal business operations, it shall correct the conduct of the public cracked dust division according to 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, alteration and cancellation of registration of enterprise legal persons in accordance with regulations; 2) Supervise the business activities of enterprise legal persons in accordance with registration matters, articles of association and contracts; 3) 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.

Interim Measures for the Management of the Directory of Enterprises with Abnormal Business Operations

Article 10. 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 shall include the name of the enterprise, registration number, date of removal, the reason for removal, and the organ that made the decision.

Interim Measures for the Management of the Directory of Enterprises with Abnormal Business Operations

Article 11. In accordance with these measures.

Interim Measures for the Management of the Directory of Enterprises with Abnormal Business Operations

Article 6. It is stipulated that enterprises that have been included in the list of abnormal business operations may apply to be removed from the list of abnormal business operations after submitting the annual report for the year that has not been reported and publicizing it, and the administrative department for industry and commerce shall make a decision on removal within 5 working days of receiving the application.