1. What's the fine for not obtaining a business license?
2. Will there be a fine for opening a shop without a business license?
3. What will be t
1. What's the fine for not obtaining a business license?
2. Will there be a fine for opening a shop without a business license?
3. What will be the punishment for not handling the business license in time?
4. How much did the Industrial and Commercial Bureau find out for failing to apply for a business license?
5. Is it reasonable to impose a fine for not obtaining a business license?
6. How much should I be fined for failing to apply for a business license?
How much is the fine for a small shop without a business license? The administrative department for industry and commerce shall, according to different situations, ban it according to law, confiscate illegal income and tools, equipment, raw materials, products (commodities) and other property specially used for unlicensed operation, and impose a fine.
Those who violate the criminal law shall be investigated for criminal responsibility according to law.
Investigate and deal with measures to ban unlicensed operation.
Article 14
Whoever knowingly provides business premises or transportation and storage conditions for the operator shall be ordered by the administrative department for industry and commerce to stop the illegal act, confiscate the illegal income and may be fined up to 5,000 yuan.
Article 15
Any unit or individual engaged in unlicensed business shall be recorded in the credit record by the investigation department and publicized in accordance with the provisions of relevant laws and regulations.
Article 16
Obstruct the investigation department to investigate and deal with unlicensed operation, which constitutes a violation of public security management, and shall be punished by the public security organ in accordance with the provisions of the People's Republic of China (PRC) Public Security Management Punishment Law.
Extended data:
Liaoyuan City, Jilin Province investigated and dealt with the case of false propaganda and unlicensed operation of multifunctional skill mattresses.
Basic case: when the parties advertised and sold the "Changshou Village" brand multifunctional skill mattress, they claimed that the mattress had six functions: first, anti-static; The second is to release negative oxygen ions and purify the air; The third is to release the magnetic field lines and increase geomagnetic nutrition; The fourth is to release far infrared rays, which has the same effect as sunbathing; Fifth, effective antibacterial and odor removal; The sixth is to prevent harmful electromagnetic waves, that is, radiation.
These functions can relieve hypertension, diabetes, insomnia, dermatosis and other senile diseases.
After investigation, the mattress is just a common product, not a medical device, and the parties concerned cannot provide any scientific proof and publicity basis for the above publicity.
It was also found that the mattress sold by the party concerned was purchased from He Mou, Dalian Branch of Shenyang No.1 Health Care Products Co., Ltd., and the party concerned did not apply for an industrial and commercial business license when being investigated.
Legal basis and punishment: the parties advertised that the "Changshou Village" brand multifunctional skill mattress sold by them has six functions, which can alleviate the behaviors of senile diseases such as hypertension, diabetes, insomnia and skin diseases, and cannot provide relevant scientific proof and publicity basis.
Its behavior violates the provisions of the first paragraph of Article 8 of the Anti-Unfair Competition Law and belongs to false propaganda.
According to the provisions of the first paragraph of Article 20 of the Anti-Unfair Competition Law, the parties concerned were ordered to stop the illegal act and fined 654.38+10,000 yuan.
The behavior of the parties to carry out business without obtaining an industrial and commercial business license violates the provisions of Article 2 of the Measures for Investigating and Handling Unlicensed Business and belongs to unlicensed business.
According to Article 13 of the Measures for Investigating and Handling Unlicensed Business, a fine of 3,000 yuan was imposed.
Baidu Encyclopedia-Measures for investigating and banning unlicensed operation
China News Network-100-day action to rectify the medical market has filed 2,826 cases, with a case value of over 29.
Will there be a fine for opening a shop without a business license? Will be fined.
Business without a business license after opening is unlicensed, and the industrial and commercial departments will investigate and punish it and impose different amounts of fines according to the scale of business.
According to Article 14 of the Measures for Investigating and Banning Unlicensed Operation, the specific penalties for unlicensed operation are as follows:
1. Operating without a license shall be banned by the administrative department for industry and commerce according to law, and the illegal income shall be confiscated;
2. Whoever violates the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of illegal business operation, the crime of major accidents, the crime of major labor safety accidents, the crime of causing accidents with dangerous goods or other crimes;
3, is not serious enough for criminal punishment, and impose a fine of 20 thousand yuan; If the scale of unlicensed operation is large and the social harm is serious, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed;
4. If unlicensed operation endangers human health, has major security risks, threatens public safety and destroys environmental resources, tools, equipment, raw materials, products (commodities) and other property specially used for unlicensed operation shall be confiscated, and a fine of 50,000 yuan to 500,000 yuan shall be imposed.
Extended data:
Premier the State Council * * * signed the the State Council Order, promulgating the Measures for Investigating and Handling Unlicensed Business (hereinafter referred to as the Measures).
Article 19 of the Measures mainly adjusts the scope of investigation and punishment of unlicensed operation, and clarifies the regulatory responsibilities of departments.
The promulgation of the "Measures" is an important measure to change the concept of supervision, strengthen the supervision after the event, and ensure the smooth implementation of the "first license" reform, which is conducive to improving the efficiency of supervision and promoting entrepreneurial innovation.
The "Measures" emphasize the combination of release and management, and create a good institutional atmosphere for mass entrepreneurship and innovation.
First, relax the scope of unlicensed business activities, encourage social investment and entrepreneurship, stimulate market vitality, and reserve institutional space for local people to flexibly innovate management according to local conditions.
The Measures stipulate that the following two types of business activities are not unlicensed: selling agricultural and sideline products and daily necessities at places and times designated by local people at or above the county level, or individuals using their own skills to engage in convenient labor activities without obtaining permission according to law; In accordance with the provisions of laws, administrative regulations and the State Council decisions, engage in business activities that do not require permission or registration.
The second is to stipulate that the investigation department should adhere to the principle of combining investigation with guidance and combining punishment with education, so as to avoid simply enforcing the law and banning it. Those who have the legal conditions to apply for a license and the operator is willing to continue to operate shall be urged and guided to apply for the corresponding license according to law.
Third, if the laws and administrative regulations do not clearly stipulate the punishment for operating without a license, the legal responsibility shall be appropriately reduced, tools shall not be confiscated, and the amount of fines shall be reduced.
The "Measures" emphasize the clarification of the law enforcement authority of departments and the clarification of regulatory responsibilities.
Those who operate without a license shall be punished by the administrative department for industry and commerce in accordance with relevant laws and administrative regulations.
For unlicensed operation, laws, regulations and the State Council decisions clearly stipulate which department is responsible for investigating unlicensed operation, and the prescribed department shall investigate and deal with it; Where laws, regulations and the State Council decisions are not specified or unclear, the departments determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall investigate and deal with them.
Those who engage in business activities without a license shall be investigated and dealt with in accordance with the provisions on unlicensed operation.
The "Measures" propose to strengthen organization and coordination, form a joint force of supervision, and improve supervision efficiency.
First, clarify the responsibility of local people at or above the county level for organization and coordination.
Second, it is stipulated that the investigation department should perform its duties according to law, cooperate closely, use the information network platform to enhance the enjoyment of information, and notify the relevant departments in time if it finds unlicensed business activities that do not belong to its investigation duties.
The third is to stipulate that the investigation department will record unlicensed operations in credit records and publicize relevant information according to law.
References:
People's Daily Online-Announced measures to investigate and deal with unlicensed operation.
How to punish those who fail to apply for the business license in time will be investigated and dealt with according to law, the illegal income will be confiscated and a fine of 1000 yuan will be imposed.
According to the Measures for the Investigation of Unlicensed Operation, the provisions are as follows:
1. Article 6 Where an operator engages in business activities without obtaining a business license according to law, it shall be investigated and dealt with by the administrative department for industry and commerce (hereinafter referred to as the administrative department for industry and commerce).
Article 13? Those who engage in unlicensed operation shall be punished by the administrative department for industry and commerce in accordance with the provisions of relevant laws and administrative regulations.
If the laws and administrative regulations do not clearly stipulate the punishment for operating without a license, the administrative department for industry and commerce shall order it to stop the illegal act, confiscate the illegal income and impose a fine of 1000 yuan.
Extended data
Eleventh people's administrative departments for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with suspected unlicensed operations:
(1) Ordering to stop relevant business activities;
(two) to investigate the relevant units and individuals suspected of operating without a license;
(three) to enter the place suspected of engaging in unlicensed operation to carry out on-site inspection;
(four) to consult and copy the contracts, bills, account books and other relevant materials related to the suspected unlicensed operation.
Places suspected of operating without a license may be sealed up; Tools, equipment, raw materials, products (commodities) and other items suspected of being used for unlicensed operation may be sealed up and detained.
Investigate and deal with acts suspected of operating without a license and take measures according to relevant laws and regulations.
China * * * Net-Measures for Investigating Unlicensed and Unlicensed Operation
The industrial and commercial bureau found out that it did not apply for a business license, and how much was the fine? The state has set three grades, below 20,000, 20,000 to 200,000, and 50,000 to 500,000, depending on business, scale and harmfulness.
China's current five types of registration management laws and regulations all stipulate the legal responsibility of operating without a license, which endows the industrial and commercial departments with the qualification of law enforcement subject:
1. Article 72 of the Regulations on the Registration of Companies in People's Republic of China (PRC) stipulates that companies that are not registered as limited liability companies or joint stock limited companies according to law shall be ordered by the company registration authority to make corrections or be banned, and may be fined between 654.38 million yuan and 654.38 million yuan.
If a crime is constituted, criminal responsibility shall be investigated according to law.
These Regulations shall apply to companies engaged in business activities in the name of limited liability companies or joint stock limited companies.
Second, according to the relevant provisions of Article 30 of the Regulations on the Administration of Registration of Enterprise Legal Persons in People's Republic of China (PRC) and Article 63 of the Detailed Rules for the Implementation of the Regulations on the Administration of Registration of Enterprise Legal Persons in People's Republic of China (PRC), enterprises and business units that start business without approval and registration shall be ordered to stop their business activities, their illegal income shall be confiscated, and a fine of less than three times their illegal income shall be imposed. If there is no illegal income, a fine of 654.38 million yuan shall be imposed.
3. Article 26 of the Measures for the Registration and Administration of Partnership Enterprises in People's Republic of China (PRC) stipulates that those who engage in business activities in the name of partnership enterprises without the approval and registration of the enterprise registration authority according to law may be ordered by the enterprise registration authority to stop their business activities and may be fined less than 5,000 yuan.
These Regulations shall apply to those who engage in business activities in the name of partnership enterprises.
4. Article 35 of the Measures for the Administration of Registration of Sole proprietorship enterprises stipulates that those who engage in business activities in the name of sole proprietorship without the approval and registration of the registration authority according to law shall be ordered by the registration authority to stop their business activities and be fined not more than 3,000 yuan.
These Regulations shall apply to business activities in the name of a sole proprietorship enterprise.
5. The relevant provisions of Article 22 of the Provisional Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households and Article 15 of the Detailed Rules for the Implementation of the Provisional Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households: It is illegal to start business without the approval and registration of the administrative department for industry and commerce and the issuance of a business license, and the illegal income shall be banned, and a fine of less than 5,000 yuan may be imposed.
These Regulations shall apply to business activities in the name of individual industrial and commercial households.
Is it reasonable to impose a fine for not obtaining a business license? Without a business license, there is no identification of business type, that is to say, before the business license is obtained, this business entity does not exist as an individual industrial and commercial household, because the type is not determined, and it can only be characterized as unlicensed operation.
For unlicensed business, after being found, minor violations can be verbally warned, and market inspection records can be filled in if they are not corrected within the time limit. If they refuse to correct, they will issue a penalty notice, impose a penalty or close the store.
Article 3 For business activities involving human health, public safety, production safety, environmental protection, development and utilization of natural resources and other laws and regulations, the licensing examination and approval department must carry out licensing examination and approval in strict accordance with the conditions and procedures stipulated by laws and regulations.
The administrative department for industry and commerce must go through the registration formalities with the license or other approval documents issued by the license examination and approval department and issue a business license.
Article 4 The following illegal acts shall be investigated and dealt with by the administrative department for industry and commerce in accordance with the provisions of these Measures:
(a) should obtain a license or other approval documents, business license in accordance with the law, but did not obtain a license to conduct business activities;
(2) Operating without a business license, engaging in business activities without authorization, and obtaining a business license without obtaining a license or other approval documents;
(three) unlicensed business activities that have obtained licenses or other approval documents according to law, but have not obtained business licenses according to law;
(4) Operating without a license after cancellation of registration or revocation of business license, and continuing to engage in business activities without authorization after the expiration of the business license;
(5) engaging in illegal business activities beyond the business scope approved and registered, and engaging in business activities that can only be carried out after obtaining a license or other approval documents.
Extended data:
Business license is a certificate issued by the administrative department for industry and commerce to industrial and commercial enterprises and individual operators to engage in certain production and business activities.
Its format shall be uniformly stipulated by the State Administration for Industry and Commerce.
The registered items include: name, address, person in charge, amount of funds, economic composition, business scope, business mode, number of employees, business period, etc.
Business licenses are divided into originals and duplicates, which have the same legal effect.
The original shall be placed in a prominent position in the company's domicile or business premises, and the business license shall not be forged, altered, leased, lent or transferred.
Without a business license, industrial and commercial enterprises or individual operators are not allowed to start business, engrave official seals, sign contracts, register trademarks or advertise, and banks are not allowed to open accounts.
20 1 On September 28th, 2008, the first batch of 1 1 business licenses and1industrial product production licenses were born in G60 Science and Technology Corridor in the Yangtze River Delta.
The original and duplicate of the business license have the same legal effect, and there is no difference in essence.
If there is a difference, it is only a form of representation.
In terms of use, it was originally "must be hung" in an obvious place in the business premises, otherwise it may be fined for not hanging the license;
Copies are generally used for going out to handle business, such as handling bank account opening license, enterprise organization code certificate, tax registration certificate, signing contract, etc.