the interim measures for the administration of the list of abnormal business operations was deliberated and adopted at the executive meeting of the state administration for industry and commerce, and promulgated by order No.68 of the state administration for industry and commerce on August 9, 2114. Article 21 of the Measures shall come into force as of October 1, 2114. The Measures for Annual Inspection of Enterprises promulgated by Order No.23 of the State Administration for Industry and Commerce on February 24, 2116 shall be abolished.
first, remove the exception, otherwise, in the abnormal state, there is no way to cancel the company's cancellation. The specific abnormal reasons and solutions are as follows. Exceptions include industrial and commercial exceptions and tax exceptions. Industrial and commercial anomalies, depending on whether it is the address or the annual report, should be reissued and applied for pulling out anomalies accordingly. Tax anomalies are generally not reported on time. At this time, we will go to the tax administrator to communicate, pay the corresponding fines, and make up the taxes before reporting, so we can apply for pulling out the anomalies. There is another one: the cancellation is not cancelled. In this case, the company can only choose to cancel, but it can no longer operate normally.
according to the interim measures for the administration of business exception lists formulated by the state administration for industry and commerce, the four types of business exception lists are as follows. 1. Failing to publicize the annual report within the time limit stipulated in Article 8 of the Regulations, that is, the enterprise fails to submit the annual report of the previous year to the industrial and commercial department from October 1 to June 31 every year, and publicize it to the public through the enterprise credit information publicity system; 2. Failing to publicize the relevant enterprise information within the ordered time limit in accordance with the provisions of Article 11 of the Regulations, that is, the enterprise fails to publicize the real-time information it should publicize to the public through the publicity system within 21 working days from the date of information formation, nor within the time limit ordered by the industrial and commercial department; 3. Publicizing enterprise information, concealing the real situation and practicing fraud; 4 through the registered residence (business premises) can not be contacted.
Legal basis:
Article 1 of the Interim Measures for the Administration of the List of Abnormal Business Operations is to standardize the management of the list of abnormal business operations, ensure fair competition, promote the integrity and self-discipline of enterprises, strengthen the credit restraint of enterprises, maintain the security of transactions and expand social supervision. According to the Regulations of the People's Republic of China on the Administration of Company Registration, the Provisional Regulations on Enterprise Information Publicity, the Reform Plan of Registered Capital Registration System and other administrative regulations and the State Council.
article 2 the administrative department for industry and commerce shall list enterprises with abnormal business operations in the list of abnormal business operations and publicize them through the enterprise credit information publicity system to remind them to fulfill their publicity obligations.
article 3 the state administration for industry and commerce shall be responsible for guiding the management of business exception lists throughout the country.
the administrative department for industry and commerce at or above the county level is responsible for the management of the business exception list of the registered enterprises.
Article 4 The administrative department for industry and commerce at or above the county level shall list enterprises in any of the following circumstances in the list of business anomalies:
(1) Failing to publicize the annual report within the time limit stipulated in Article 8 of the Provisional Regulations on the Publicity of Enterprise Information;
(2) failing to publicize relevant enterprise information within the time limit ordered by the administrative department for industry and commerce in accordance with Article 11 of the Provisional Regulations on Enterprise Information Publicity;
(3) disclosing enterprise information, concealing the real situation or practicing fraud;
(4) unable to contact through the registered residence or business premises.
article 5 when the administrative department for industry and commerce lists an enterprise in the business exception list, it shall make a decision to list it, record the information listed in the business exception list in the public information of the enterprise, and publicize it uniformly through the enterprise credit information publicity system. The decision on inclusion shall include the name of the enterprise, the registration number, the date of inclusion, the reasons for inclusion and the organ that made the decision.
article 6 if an enterprise fails to submit the annual report of the previous year through the enterprise credit information publicity system and publicize it to the public in accordance with article 8 of the provisional regulations on enterprise information publicity, the administrative department for industry and commerce shall make a decision to include it in the list of business anomalies within 11 working days from the end of the publicity of the annual report of that year and publicize it.
article 7 if an enterprise fails to fulfill its publicity obligations in accordance with article 11 of the provisional regulations on enterprise information publicity, the administrative department for industry and commerce shall order it to fulfill its publicity obligations in writing within 11 days. If the enterprise fails to publicize the information within the ordered time limit, the administrative department for industry and commerce shall make a decision to include it in the list of business anomalies within 11 working days from the date of expiration of the ordered time limit and publicize it.
article 8 if the administrative department for industry and commerce conducts spot checks according to law or checks according to reports to verify that the public information of an enterprise conceals the real situation or practices fraud, it shall make a decision to include it in the list of business anomalies within 11 working days from the date of verification and publicize it.
article 9 if the administrative department for industry and commerce can't get in touch with the enterprise through the registered residence or business premises in the process of performing its duties according to law, it shall make a decision to include it in the business exception list within 11 working days from the date of verification, and publicize it.
the administrative department for industry and commerce can contact the enterprise by mail. If it is mailed to the registered residence or business premises of the enterprise twice and no one signs for it, it is deemed that it is impossible to get in touch through the registered residence or business premises. The interval between two mailings shall not be less than 1.5 days and not more than 31 days.
article 11 if an enterprise listed in the list of business anomalies has fulfilled its publicity obligations in accordance with the provisional regulations on enterprise information publicity within three years from the date of listing, it may apply to the administrative department for industry and commerce that made the decision on listing for removal from the list of business anomalies.
if the administrative department for industry and commerce removes an enterprise from the business exception list in accordance with the provisions of the preceding paragraph, it shall make a decision to remove it and publicize it through the enterprise credit information publicity system. The removal decision shall include the name of the enterprise, registration number, date of removal, cause of removal, and the organ that made the decision.
article 11 an enterprise listed in the business exception list according to the provisions of article 6 of these measures may apply for removal from the business exception list after making up the annual report of the unreported year and publicizing it, and the administrative department for industry and commerce shall make a decision on removal within 5 working days from the date of receiving the application.
article 12 if an enterprise listed in the list of business anomalies in accordance with article 7 of these measures applies for removal from the list of business anomalies after fulfilling the obligation of publicity, the administrative department for industry and commerce shall make a decision on removal within 5 working days from the date of receiving the application.
article 13 an enterprise listed in the list of business anomalies in accordance with article 8 of these measures may apply to the administrative department for industry and commerce for removal from the list of business anomalies after correcting its published information, and the administrative department for industry and commerce shall make a decision on removal within 5 working days from the date of verification.
article 14 if an enterprise listed in the list of business anomalies according to the provisions of article 9 of these measures changes its domicile or business premises according to law, or the enterprise proposes that it can get in touch again through the registered domicile or business premises and applies for removal from the list of business anomalies, the administrative department for industry and commerce shall make a decision on removal within 5 working days from the date of verification.
article 15 the administrative department for industry and commerce shall, within 61 days before the expiration of 3 years when an enterprise is listed in the business exception list, remind it to perform relevant obligations by way of announcement through the enterprise credit information publicity system; If the obligation of publicity has not been fulfilled after the expiration of 3 years, it will be included in the list of serious illegal enterprises and publicized to the public through the enterprise credit information publicity system.
article 16 if an enterprise has any objection to being included in the business exception list, it may submit a written application and relevant supporting materials to the administrative department for industry and commerce that made the decision within 31 days from the date of publicity, 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 21 working days, and the verification result shall be informed to the applicant in writing; If it is not accepted, the applicant shall be informed in writing of the reasons for rejection.
if the administrative department for industry and commerce finds that there is an error in listing an enterprise in the business exception list through verification, it shall correct it within 5 working days from the date of verification.
article 17 an enterprise may apply for administrative reconsideration or bring an administrative lawsuit against its decision to be included in or removed from the list of business anomalies.
article 18 if the administrative department for industry and commerce fails to perform its duties in accordance with the relevant provisions of these measures, the administrative department for industry and commerce at the next higher level shall order it to make corrections; If the circumstances are serious, the responsible person in charge and other directly responsible personnel shall be dealt with in accordance with the relevant provisions.
article 19 the style of documents related to the management of business exception lists shall be uniformly formulated by the state administration for industry and commerce.
Article 21 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Measures.
article 21 these measures shall come into force as of October 1, 2114. The Measures for Annual Inspection of Enterprises promulgated by Order No.23 of the State Administration for Industry and Commerce on February 24, 2116 shall be abolished at the same time.