● What are the reasons for being listed in the Business Abnormalities List
There are four situations:
1. For failing to publicize the annual report in accordance with the deadline stipulated in Article 8 of the Provisional Regulations on the Disclosure of Enterprise Information; inclusion in the Business Abnormalities List.
2, because the registered residence or place of business can not be contacted; included in the business exception list.
3, because of the industrial and commercial administration in accordance with the "Interim Regulations for the Disclosure of Enterprise Information" in accordance with the provisions of Article 10 of the period ordered to disclose the relevant enterprise information; included in the business directory of anomalies.
4, due to the disclosure of enterprise information concealment of the true situation, falsehoods; included in the business exception list.
According to Article 8 of the Regulations: Enterprises should be January 1 to June 30 each year, to the administration for industry and commerce to submit the previous year's annual report, and to the public.
● The enterprise prompted "the enterprise has been listed in the business exception list" to apply for removal from the business exception list of four methods
Enterprises listed in the business exception list from the date of inclusion in the three years, you can apply to the administration for industry and commerce to move out of the business exception list. The specific removal process for the four different situations is as follows:
1. If the annual report is marked as abnormal because it is not submitted in accordance with the stipulated time by the expiration date, the company can make up the annual report of the unreported year and make it public, and then bring the relevant supporting materials (see the instructions at the bottom of the form for the information) to the industry and commerce administration department to which the company belongs to apply for the removal of the list of abnormal operations, and the administration department will make a decision on removal within five working days from the day of receipt of the application. Within five working days from the date of receipt of the application, the administrative department for industry and commerce will make a decision on removal and restore the normal state of record.
2, because the registered residence or place of business can not be contacted to mark the abnormal, according to the law to deal with the residence or place of business to change the registration, or proposed through the registration of the residence or place of business can be re-contact, bring the relevant supporting materials (see the information at the bottom of the form instructions) to the enterprise's administrative department for industry and commerce to apply for removal of the list of business anomalies, the administrative department for industry and commerce from the date of verification of 5 working days from the date of receipt of the application. The administrative department for industry and commerce will make a decision on removal within 5 days from the date of verification and restore the normal state of record.
3. If the company fails to fulfill the obligation of immediate information disclosure according to the regulations and mark the abnormality, and applies for restoration of the normal record status, it should fulfill the obligation of information disclosure first, and then the administrative department for industry and commerce will make the decision of removal within 5 working days from the date of disclosure and restore the normal record status.
4, due to the disclosure of enterprise information to conceal the true situation, false marking abnormal, the enterprise to correct the information disclosed, bring the relevant supporting materials (see the bottom of the form for information) to the enterprise belongs to the Ctrip network of industrial and commercial administration to apply for removal of the abnormal list, the industrial and commercial administration should be from the date of the verification of the removal of the decision within 5 working days.
(Tips: 5 days and 5 working days are different, please pay attention to the time point)
According to Article 16 of the Interim Measures for the Administration of the Business Abnormalities Directory, if an enterprise has any objections to its inclusion in the Business Abnormalities Directory, it can submit a written application and submit relevant supporting documents to the decision-making administrative department for industry and commerce within 30 days of the date of the public announcement. The enterprise may, within 30 days from the date of public announcement, submit a written application and relevant supporting materials to the administrative department for industry and commerce which made the decision, and the administrative department for industry and commerce shall decide whether to accept the application within 5 working days. To be accepted, it should be verified within 20 working days, and will verify the results in writing to the applicant; inadmissible, the reasons for inadmissibility of written notice to the applicant.
Note: The above process of moving out of the business exception list is also suitable for: enterprises, individual businesses, farmers' professional cooperatives.
The above process is suitable for: Jinan, Shandong Province, Tai'an, Heze, Qingdao, Zibo, Dezhou, Yantai, Weifang, Jining, Weihai, Linyi, Binzhou, Dongying, Zaozhuang, Rizhao, Laiwu, Liaocheng, these cities!
● What are the consequences of being included in the abnormal business directory
According to the law, it will be included in the abnormal business directory, through the credit information disclosure system of market entities to the public, and recorded in the public information of market entities, and at the same time to establish departmental linkage and response mechanism, which stipulates that the local people's governments at or above the county level and their relevant departments should establish and improve the credit constraint mechanism, and the industrial and commercial administration authorities The administrative authorities for industry and commerce shall be punished according to law, and the information of legal representatives and persons in charge of enterprises shall be notified to the relevant departments such as public security, finance, customs, taxation, etc., so as to form a mechanism of "one place to violate the law, and everywhere to be restricted".
Enterprises in the future, government procurement, project bidding, state-owned land concessions, the award of honors, etc., according to the law to be restricted or banned. And its legal person, the person in charge of the enterprise in the bank credit, investment and financing, contract signing, customs visas, business expatriates working documents, etc., will be subject to credit constraints mechanism.
● What will be included in the list of serious violations of the enterprise list
Enterprises are included in the business anomaly directory for three years and still not in accordance with the provisions of the obligation to fulfill the announcement by the State Administration for Industry and Commerce or the provincial Administration of Industry and Commerce included in the list of serious violations of the enterprise list, and through the credit information disclosure system to the public. The legal representative and person in charge of the enterprise listed in the list of enterprises in serious violation of the law shall not serve as the legal representative and person in charge of other enterprises within three years.
● How to remove from the list of enterprises in serious violation of laws and regulations
If an enterprise has been on the list of enterprises in serious violation of laws and regulations for five years from the date of its inclusion in the list of enterprises in serious violation of laws and regulations, the State Administration for Industry and Commerce (SAIC) or the Provincial Administration for Industry and Commerce (PABIC) will remove it from the list of enterprises in serious violation of laws and regulations.
● What are the consequences of failing to submit and publicize the annual report on schedule
If an enterprise fails to submit its annual report through the credit information publicity system in accordance with the provisions of the Regulations and publicize it to the society, the industry and commerce department shall, within 10 working days from the date of the end of the annual report publicity in the current year, make a decision on its inclusion in the list of business anomalies and publicize it.
● What are the consequences of failure to disclose immediate information in a timely manner
If an enterprise fails to fulfill the obligation of disclosure in accordance with the provisions of Article 10 of the Regulations, the industry and commerce department shall order it in writing to fulfill the obligation of disclosure within 10 days. If the enterprise fails to disclose the information within the ordered period, the industry and commerce department shall, within 10 working days from the date of expiration of the ordered period, make a decision to include the enterprise in the business anomaly list and make it public.
● What are the consequences of concealing the truth or falsifying the information disclosed by an enterprise
If the industry and commerce department carries out random checks or verifies based on the reports in accordance with the law, and if it is found that the information disclosed by an enterprise conceals the truth or falsifies the information disclosed by the enterprise, it shall make a decision on its inclusion in the list of business anomalies and make it public within 10 working days from the date of finding out the truth.
● What are the consequences of failing to contact an enterprise through its registered residence (place of business)
If an industry and commerce department is unable to contact an enterprise through its registered residence (place of business) in the course of performing its duties in accordance with the law, the department shall make a decision on its inclusion in the list of business anomalies within 10 working days from the date of verification and make it public.
● How to determine the sampling list of enterprise public information
The State Administration for Industry and Commerce and the Provincial Administration for Industry and Commerce shall, in accordance with the requirements of fairness and standardization, according to the registration number of the enterprise, such as a random lottery, to select not less than 3% of the enterprises within the jurisdiction, to determine the inspection list.
● The main ways of enterprise public information sampling
Sampling is divided into non-directional sampling and directional sampling.
Undirected sampling refers to the industrial and commercial departments to randomly draw a list of enterprises to be inspected, and to inspect the information published through the enterprise credit information disclosure system.
Directed sampling refers to the industrial and commercial departments randomly draw a list of enterprises for inspection according to the type of enterprise, scale of operation, industry, geographic area and other specific conditions, and inspect the information disclosed through the enterprise credit information disclosure system.
● What are the ways to randomly check the information disclosed by enterprises
The industry and commerce departments can take written inspection, on-site verification, network monitoring and other ways to randomly check the information disclosed by enterprises. The sampling can be entrusted to accounting firms, tax firms, law firms and other professional organizations to carry out auditing, capital verification, consulting and other related work, and to make use of the inspection and verification results made by other government departments or professional conclusions made by professional organizations in accordance with the law.
● What are the obligations of enterprises to cooperate with the industry and commerce departments in accepting random inspections
When the industry and commerce departments carry out inspections in accordance with the law, the enterprises should cooperate, accept inquiries and investigations, reflect the situation truthfully, and, according to the needs of the inspections, provide accounting information, auditing reports, certificates of administrative licenses, administrative penalty decisions, and certificates of use of the premises, and other related materials.
Enterprises do not cooperate with the seriousness of the situation, the business sector should be publicized through the credit information disclosure system.