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Legal Analysis: Consequences of Blacklisting Enterprises:1
Listed as a key supervision and management object 2The legally-designated representative or responsible person of an enterprise that has been entered into the List of Untrustworthy Enterprises with Serious Violations in accordance with the provisions of item (1) of the first paragraph of article 5 of these Measures must not serve as the legally-designated representative or responsible person of another enterprise for 3 years3It will not pass the qualification review of the declaration of the "Contract-abiding and Credit-worthy" enterprise publicity activity4
Relevant honorary titles will not be awarded.
Legal basis: "Interim Measures for the Management of the List of Untrustworthy Enterprises with Serious Violations" Article 13: All levels of administrative departments for industry and commerce are to carry out the following management of enterprises entered into the List of Untrustworthy Enterprises with Serious Violations: (1) List them as key targets for oversight and management; (2) The legally-designated representative or responsible person of an enterprise that has been entered into the List of Untrustworthy Enterprises with Serious Violations in accordance with the provisions of item (1) of paragraph 1 of article 5 of these Measures must not serve as the legally-designated representative or responsible person of another enterprise for 3 years; (3) Not to pass the "contract-abiding and credit-worthy" enterprise publicity activities to declare the qualification review; (4) Not to confer relevant honorary titles.
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After the enterprise is included in the list or blacklist of abnormal operations, there will be late fees, and it will be restricted or prohibited in the work of ** procurement, project bidding, state-owned land transfer, and awarding honorary titles, reflecting "one breach of contract, everywhere restricted"; The legally-designated representative or responsible person of an enterprise that has been blacklisted must not serve as the legally-designated representative or responsible person of another enterprise for 3 years.
It is recommended that this problem can be dealt with on Alipay, and the payment b search: run the government, fill in the company information, and self-service accounting processing**. Professional things are handed over to professional people, mainly reliable, square-hearted, transparent, and inexpensive.
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After being added to the blacklist by the enterprise, there are the following consequences:
1. Unable to take out a loan or apply for a credit stupid lead card. Not only can you not apply for loans in banks, microfinance companies and other financial institutions, but it is also in vain to start a business and turn over funds, and even apply for housing loans and car loans will be rejected;
2. Life is restricted everywhere, unable to take airplanes, high-speed rail, etc.;
3. Affecting the family, children cannot go to key schools;
4. Affect personal career;
5. Send a lawyer's letter and file a lawsuit in court;
6. It will be enforced after the judgment;
7. The pension can be directly deducted.
The degree of creditworthiness is related to all aspects of our lives, once overdue. Overdue records will be uploaded to the central bank for credit information, which will hinder borrowers from applying for loans and credit cards in the future. Not only can you not apply for loans in banks, microfinance companies and other financial institutions, but it is also in vain to start a business and turn over funds, and even apply for housing loans and car loans will be rejected;
Legal basis] means hunger.
Civil Procedure Law of the People's Republic of China
Article 248:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, they shall report on their current assets and the assets in the year prior to the date of receipt of the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may, on the basis of the severity of the circumstances, fine or detain the person subject to enforcement or his legally-designated representative with the person in charge, the principal responsible person of the relevant unit, or the directly responsible personnel.
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One: the traces of being treated will accompany the enterprise for a lifetime.
Second, when grinding molds to banks and other financial institutions to open accounts, loans, guarantees, insurance, the possibility of rejection increases.
3. Departments at all levels shall restrict or prohibit entry in accordance with the law in procurement, project bidding, state-owned land transfer, and awarding honorary titles.
Fourth, it will be included in the list of untrustworthy enterprises with serious violations and passed the "National Enterprise Credit Information Publicity System."
Publicized to the public, and punished more severely by the whole society.
Extended Information:1Enterprise refers to the Enterprise Income Tax Law.
and its resident enterprises and non-resident enterprises as stipulated in the implementing regulations.
"Resident enterprises" refer to enterprises established in China in accordance with the law, or established in accordance with the laws of foreign countries (regions) but with actual management institutions in China. Non-resident enterprises refer to enterprises established in accordance with the laws of foreign countries (regions) and whose actual management institutions are not in China, but have established institutions or places in China, or enterprises that have not established institutions or places in China, but have income in China.
2.business in the commodity economy.
Within the scope, as one of the various models of the organizational unit, according to certain organizational laws, the organic economic entity is generally for the purpose of profit, with the mission of maximizing the interests of investors, customers, employees and the public, and exchanging income by providing products or services. It is a product of social development and has grown and strengthened due to the development of the social division of labor. Enterprises are the main players in market economic activities; Under the socialist economic system, the coexistence of various enterprises constitutes a socialist market economy.
microscopic foundations. There are three basic organizational forms of enterprises: sole proprietorship, partnership and company, and the corporate enterprise is the most important and typical organizational form in modern enterprises.
3.Classify. 1) The form of capital contribution and responsibility of the investor's model Youchun is divided into: sole proprietorship.
Partnerships, corporations. Corporate enterprises are divided into limited liability companies and shares.
2) According to the different regions of investors, they are divided into: domestic-funded enterprises, foreign-funded enterprises, and Hong Kong, Macao and Taiwan-invested enterprises.
3) According to the ownership structure, it can be divided into: enterprises owned by the whole people.
Collective ownership and private enterprises and foreign capital.
4) According to the different responsibilities of shareholders to the company, they are divided into: unlimited liability companies, limited liability companies, and shares.
5) According to credit rating.
It can be divided into: people's cooperative company, joint venture company, and joint venture company.
6) According to the type of company status, it can be divided into: parent company and subsidiary.
7) According to the scale, it can be divided into: extra-large enterprises, large enterprises, medium-sized enterprises, and small enterprises.
and micro-enterprises.
8) According to the economic sector, it can be divided into: agricultural enterprises, industrial enterprises and service enterprises, etc.
9) According to the degree of health of the enterprise, it can be divided into: relatively healthy adaptation enterprises, military enterprises, resilience adjustment enterprises, and relatively unhealthy passive and enterprising enterprises, stop-and-go enterprises, over-expansion enterprises, and over-management enterprises.
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Hello dear! If the company is blacklisted or revoked by the list of abnormal operations, for example, in the case of external debts, and the shareholders fail to liquidate in time after the company is revoked, the shareholders will be jointly and severally liable with the company. Paragraph 3 of Article 20 of the Company Law of the People's Republic of China clearly stipulates that if a shareholder of a company abuses the independent status of the company's legal person and the limited liability of shareholders to evade debts and seriously damage the interests of the company's creditors, he shall be jointly and severally liable for the company's debts.
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The credit of the company's directors, supervisors, senior executives and other personnel will be affected.
If it enters the taxpayer blacklist, it will have an impact on the legal person, the company's financial director, and shareholders. Supervisors should not generally have the following main impacts: 1. They cannot be legal persons.
2. Loans have an impact. 3. Leaving the country has an impact. 4. Social security may be affected.
Questions. My company is no longer in operation, so the company's office address is not required for the annual inspection position is normal. Because. Industrial and commercial inspections. No physical address was included in the abnormal list because one of the ** Dong deliberately did not sign for fear of being blacklisted.
Will other shareholders have an impact?
Apply for cancellation.
Questions. One of them is deliberately bad. Refuse to sign.
Discuss with him with other shareholders, and now that the national credit check is so strict, it will definitely have an impact on credit.
Questions. Will there be an impact on the bank account? Does PICC's property insurance have an impact?
They say that it only has an impact on legal persons, not on shareholders.
It won't be so obvious.
There will be, you are a legal person, you can apply for cancellation.
Questions. However, it must be signed by all shareholders. If you don't sign, you can't cancel it.
If there is no special provision in the articles of association, then the voting rights of the company's shareholders meeting can be passed by more than 2 3, if the voting rights of the three shareholders who agree to the dissolution of the company are less than 2 3, then as long as it reaches 10%, when the company continues to operate will damage the interests of shareholders, it can also file a lawsuit with the court to request the dissolution of the company. If there is no special restriction on the transfer of equity in the articles of association, then the transfer of equity to another owner is completely free.
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1. You can't take out a loan.
2. Cannot immigrate.
3. You can't get a pension.
4. Will be prevented from leaving the country.
5. Can no longer serve as the legal representative and other senior positions.
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Legal analysis: the bank will refuse to apply for a loan after the enterprise is on the blacklist; The legal representative or person in charge of an enterprise shall not serve as the legal representative or person in charge of another enterprise within 3 years; If an enterprise is on the blacklist, it will be publicized to the public through the enterprise credit information publicity system, etc., which will eventually lead to difficulties in the operation of the enterprise, and too long may lead to the bankruptcy of the enterprise.
Legal basis: "Regulations on the Administration of the Credit Reporting Industry".
Article 6: The establishment of credit reporting establishments that operate personal credit reporting operations shall comply with the requirements for company establishment and the following requirements as provided for in the "Company Law of the People's Republic of China", and shall be approved by the department for the oversight and management of the credit reporting industry:
1) The major shareholders have a good reputation and have no record of major violations of laws and regulations in the past 3 years;
2) The registered capital shall not be less than RMB 50 million;
3) Have facilities, equipment, systems, and measures to ensure information security that comply with the provisions of the department for the oversight and management of the credit reporting industry;
4) The proposed directors, supervisors, and senior managers meet the requirements for positions provided for in Article 8 of these Regulations;
5) Other prudential requirements provided for by the departments for the oversight and management of the credit reporting industry.
Article 7: Applications for the establishment of credit reporting establishments that operate personal credit reporting operations shall submit an application and materials showing that they meet the requirements provided for in article 6 of these Regulations to the department for the oversight and management of the credit reporting industry.
The departments for oversight and management of the credit reporting industry shall conduct a review in accordance with law, and make a decision to approve or not approve the application within 60 days of accepting it. where a decision is made to approve it, a personal credit reporting business license is to be issued; Where approval is not granted, the reasons shall be explained in writing.
Credit reporting establishments that have been approved to operate personal credit reporting business are to register with the company registration authorities on the basis of their personal credit reporting business licenses.
Without the approval of the department for the supervision and management of the credit reporting industry, no unit or individual may operate personal credit reporting business.
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