Doubt
Yan Shijun, hello, I often get strange telephone call recently, ask me: You are such-and-such limited company some total? And famous have a last name, I special feel puzzled, is my identity risked to use registered a company? My decision goes to immediately industrial and commercial bureau inquires, just as one would expect, my individual information was registered actually company, the company establishs the autograph that I also am not on the requisition that register, I was become legal representative.
Excuse me:
Can I file this kind of case cancel company?
Answer
Tell you gladly, similar you such circumstance, very quickly can clear settlement handles way, the market superintended total bureau to draft on April 23, 2019 " cancel is risked obtain an enterprise to register temporary measure with other identity information (ask for an opinion to stalk of grain) " , information of share of equestrian the upper part of the body is risked to use those who register a company to be able to apply for cancel! !
Referenced
National market superintends total bureau about " cancel is risked obtain an enterprise to register temporary measure with other identity information (ask for an opinion to stalk of grain) " the announcement that seeks an opinion publicly
Register authority and earnest sex to defend a company, in registering Cheng, company of effective keep within limits is risked with other name, through in order to refer false data or with other deceit the method obtains the behavior that register, safeguard party to close right increase, basis " administration allows a law " " company method " " the company registers regulation " wait for legal laws and regulations to set, the market superintended total bureau to draft " cancel is risked obtain an enterprise to register temporary measure with other identity information (ask for an opinion to stalk of grain) " , seek an opinion publicly to the society now.
The public can be before April 28, 2019, suggest the opinion to feedback market superintends total bureau through one of the following ways:
One, send through email to: Jgjzdc@163.com.
2, send to through letter kind: Beijing on the west the city zone 3 lis of rivers east 8 markets superintend the road total bureau credence superintends department, postcode 100820.
3, carry facsimile transmission: 010-88650753.
Accessory: Cancel is risked obtain an enterprise to register temporary measure with other identity information (ask for an opinion to stalk of grain)
The market superintends total bureau
On April 23, 2019
Cancel is risked obtain a company to register temporary measure with other identity information
(ask for an opinion to stalk of grain)
General principles of the first chapter
The first [make a goal] register authority and earnest sex to defend a company, in registering Cheng, company of effective keep within limits is risked with other name, through in order to refer false data or with other deceit the method obtains the behavior that register, basis " administration allows a law " " company method " " the company registers regulation " wait for legal laws and regulations to set, make this way.
The 2nd [risk with the identity] this method place says to risk obtain a company to register with other identity information, it is to point to agree beforehand without be being risked to servantchoose a person for a job or admit posthumously of after the event, its identity document is used in application material of company registration book or forge its to sign, or with be being risked to servantchoose a person for a job name has application through Internet, the branch is superintended in various market (the following abbreviation " the mechanism that register " ) obtain a company to register, the behavior that put on record (the following abbreviation " go under sb else's name is registered " ) .
The 3rd [cancel is registered] this method place says cancel is risked obtain a company to register with other identity information, it is to point to the mechanism that register according to legal laws and regulations relevant provision, mirror this person standing to be risked to use conduction company to register to the mechanism that register to be being risked to servantchoose a person for a job, put on record undertake accepting, investigation is maintained, maintain a result according to investigation or court decision of people court become effective, ruling and assistance carry out advice note to wait to register a decision to give to the go under sb else's name that already made cancel, correct disloyal condition, and to the society fair shown behaviour.
The 4th [executive mechanism] the director office that cancel go under sb else's name registers superintends a branch for market of prefectural class above.
The guidance that the market superintends total bureau to be in charge of go under sb else's name of the cancel inside countrywide limits registering the job, supervise, harmonious.
The 5th [cancel principle] cancel go under sb else's name is registered ought to active and reliable, justice is open, protect the choose and employ persons that be risked effectively to add up to go under sb else's name of right beneficial, chasten to register behavior already, safeguard a society effectively again public interest, maintain a company to register stability to be able to anticipate.
Suitable scope mixes the 2nd chapter to divide the work administer
The 6th [suitable scope] the cancel that this method applies to the following go under sb else's name to register:
(one) the company is established register, change is registered, cancel in registering, the choose and employ persons that be risked serves as a legal representative (chief) , of partner;
(2) the company puts on record in, of the member that the choose and employ persons that be risked regards thing of trustee, inspect, senior administrator, liquidation as composition.
The 7th [administer principle] cancel is registered according to " who is registered, whose cancel " principle, by the cancel of the mechanism that register that carries out this second go under sb else's name to register, but because register,adjust administer bring about register mechanism and the except with the former abhorrent office that register now.
The 8th [principle of division of labor] the cancel go under sb else's name that interior of the mechanism that register should build division of labor to make clear registers working mechanism, clear registration book, credence is superintended, legal system, execute the law the business section such as check, informatization is in accept go under sb else's name to register report, investigation to check, make cancel it is decision, good to do informatization is propped up, the job of division of labor that begins the link such as credit chasten.
The 3rd chapter is accepted and investigate
The 9th [report is accepted] the choose and employ persons that be risked mirrors him identity to be risked to use conduction company to register to the mechanism that register, put on record, ought to oneself show up personally have identity nucleus test, submit relevant data.
Have the office of the condition that register, can way of renown test and verify checks fact of registration book of have the aid of to be risked to servantchoose a person for a job the identity.
The 10th [material asks] the choose and employ persons that be risked mirrors go under sb else's name to register to the mechanism that register, should submit following data:
(one) " cancel is risked to use the identity to register (put on record) application form " ;
(2) identity document photocopy (oneself are present, check original) ;
(3) sign in one's own handwriting by oneself " cancel company is registered (put on record) affirmatory book " .
The choose and employ persons that be risked can offer identity document to lose at the same time call the police the record of identity document of report the loss of sth of announcement of receipt, identity document losing, bank, handwriting appraisal that issues by professional orgnaization file material that conduces to cognizance go under sb else's name registering basic fact.
Eleventh [do not grant to accept] the report that registers to following go under sb else's name, the mechanism that register does not grant to accept:
(one) be not him choose and employ persons that be risked to show up personally of report;
(2) this second of report is registered, put on record decision, make after the choose and employ persons that be risked is registering mechanism to achieve identity nucleus produce the expected result;
(3) the company equity that report is aimed at already was dealt with go out to be registered character, or by people court frozen;
(4) other depend on lawfully compasses the case that does not grant to accept.
Dozenth [fair show information] after the mechanism that register accepts the choose and employ persons that be risked to mirror, the circumstance that should be suspected of the company go under sb else's name registering passes information of state enterprise credit inside 7 weekday fair show a system (the following abbreviation " fair show a system " ) to the society fair show. Fair the go under sb else's name that shows content to include the choose and employ persons that be risked to advocate registers time, place to involve register or put on record means of connection of the item, mechanism that register.
Fair show deadline to be 6 months. Fair show period inside investigation is terminative make investigation conclusion, stop fair show, preserve a record.
Fair show period inside interests person is registered to cancel, put on record demur, or hold the right to place experience company, the mechanism that register should undertake investigating checking, fair limitation of the money before showing deadline not to suffer.
Thirteenth [investigate a program] after the mechanism that register hears report, the archives material that the go under sb else's name that should be reflected through consulting registers behavior to involve, right company dwelling place (management place) have company of spot examination, inquiry relevant personnel and the means such as the agent that register, register basic fact to undertake investigating to go under sb else's name.
Outside having a regulation additionally except this method, investigation order consults " of short duration of sequence of punishment of administration of market supervisory administration sets all right " carry out.
Person of the choose and employ persons that be risked, interests ought to cooperate actively to register office investigation.
The 14th [investigation conclusion] the mechanism that register should be being investigated terminative or fair show investigation conclusion is made after expiring, make cancel inside 7 weekday accordingly or do not grant cancel is registered, the decision that put on record, tell the servant that be risked.
The 15th [consult opinion] the relevant section opinion such as social security of resource of the Wu of duty of cancel decision consult that the mechanism that register can draft to make, public security, finance, manpower.
The 16th [correct actively] classics investigation, the company develops management activity normally, the fact that just registers to go under sb else's name each is consentient, have what correct apiration actively, the mechanism that register is OK according to " the company registers regulation " the 64th regulation instructs conduction change to register, penalize a fund.
Cancel of the 4th chapter is registered
The seventeenth [cancel case] have one of following state, the mechanism that register makes cancel company register, the decision that put on record:
(one) register basic fact to be clear about via registering mechanism to investigate cognizance go under sb else's name;
(2) the company passes the abode that register or manage a place to cannot be contacted, relevant personnel cannot be contacted or do not cooperate to investigate, and fair show period inside register to cancel without interests person, put on record demur, or the company that is aimed at to report holds the right;
(3) court decision of people court become effective, ruling already maintained go under sb else's name to register a fact;
(4) people court assists executive advice note to ask the mechanism that register cooperates;
(5) other depend on lawfully compasses ought to cancel is registered, the case that put on record.
The 18th [do not grant cancel] have one of following state, the mechanism that register makes do not grant cancel company registers, the decision that put on record:
(one) evidence proves to be risked to servantchoose a person for a job to be registered in this second, the know the inside story when putting on record, or after the event with bright show or silent shows means to give of admit posthumously;
(2) go under sb else's name is registered involve company equity dispute, each just have not reach unanimous opinion;
(3) interests person is in fair show period inside register to cancel, put on record demur, belong to basically via investigation solid;
(4) the company experience that interests person holds to report involves appeals to, people court has not enter a judgement, ruling or become effective court decision, ruling had be notted carry out end;
(5) the relevant section such as social security of resource of duty Wu, public security, finance, manpower offers written opinion, different idea cancel is registered, put on record;
(6) the company already set what correct go under sb else's name actively to register behavior the 16th times according to this method;
(7) cancel company is registered, put on record to be caused possibly to public interest great damage;
(8) other depend on lawfully compasses do not answer cancel is registered, the case that put on record.
The 19th [integral cancel] involve what go under sb else's name registers to register, put on record decision by cancel, rather what deal with along with all the others is application, other at the same time register, put on record item at the same time cancel, but the except that involves change of thing of company director, inspect, senior administrator to put on record only.
The change that involves go under sb else's name to register is registered by cancel, its follow-up change is registered along with all the others cancel.
The company that go under sb else's name registers is established to register by cancel, nature of qualification of company principal part destroys break. The company that go under sb else's name registers is cancelled to register by cancel, nature of qualification of company principal part restores.
The 20th [revoke cancel] the company already was done business by revoke before investigation of charter, do not affect the mechanism that register to make cancel register, the decision that put on record. But because refer false data to perhaps adopt other and fraudulent means to conceal important fact to acquire a company,register, by the except of revoke business charter.
The 21st [decision service] the mechanism that register make cancel register, put on record of the decision, should will " cancel is registered (put on record) decision book " the company that service go under sb else's name registers reachs the choose and employ persons that be risked. Already discovered what the company that involves go under sb else's name to register passes the abode that register or manage a place to cannot be contacted in investigating a process, can take announcement means service directly.
The 22nd [cancel is operated] the mechanism that register makes cancel register, put on record after the decision, should be in inside 5 weekday inside system of modification registration book relevant data, pass fair show a system to undertake fair show.
The 23rd [fair show a method] cancel company is established register, in fair show a system to go up in order to integrate social credence code (register name) replace company name, concealed goes other information, be in a company under one's name is official the time that shows cancel to register and the name of the mechanism that register that make cancel decision.
Cancel company change registers, in fair notify the company on the system in basic message fair register before showing go under sb else's name to register one times, the information when putting on record, in change go under sb else's name of lieutenant general of the record that register is registered tag for " change already cancel " .
Cancel company is cancelled register, in fair show a system to go up fair show former company information, make clear " already cancel is cancelled register, restore main body qualification " .
The member that thing of director of alone cancel company, inspect, senior administrator, liquidation is comprised puts on record, in fair show a system to be risked to servantchoose a person for a job full name place is tagged " already cancel puts on record " .
The 24th [archives management] the full data that the place of cancel go under sb else's name that register forms, ought to stand alone roll, classify company registers record.
The 25th [the right is relieved] the cancel that the company that report is aimed at or interests person make to registering mechanism or do not grant cancel decides to disagree, can apply for administration to reconsider, perhaps mention lawsuit of politics of start on a journey to people court.
The 26th [cancel error correction] cognizance cancel of the mechanism that register or its superior mechanism is registered, the decision that put on record is wrong, can cancel should decide, restore a company to be registered formerly, put on record condition.
Responsibility of law of the 5th art of composition
The 27th [administrative responsibility] the report that working personnel of the office that register servantchooses a person for a job to be being risked not this method handles according to in time, or the idle in investigating a process at fulfilling obligation, depend on lawfully compasses investigate duty.
The 28th [clew moves send] the discovery in the process of cancel go under sb else's name that register does not belong to the market to superintend the illegal behavior inside sectional duty limits, the mechanism that register ought to move clew send have jurisdictional sectional processing; Discovery is suspected of crime, ought to move send public security office.
The 29th [company liability] register to go under sb else's name obtains a company to change or be being cancelled, be registered by cancel, should according to " break the law badly break one's promise company list runs temporary measure " regulation, include place experience company break the law badly break one's promise company list.
Thirtieth [individual responsibility] the direct responsibility person that the mechanism that register registers go under sb else's name types database of person of the false responsibility that register, reinforce credit punish sb to teach him a lesson. Right act as agent again or oneself are dealt with those who register, should start essence to examine a program.
Thirtieth [chasten exempt] company go under sb else's name is registered by cancel hind, the relevant credence chasten to be being risked to servantchoose a person for a job and market ban measure to stop to carry out.
Thirtieth 2 [false report] to fiction fact or submit false proof data, dodge the creditor through mirrorring go under sb else's name to register, steal evade taxation money or have activity of other illegal crime, the mechanism that register undertakes investigating jointly with concerned branch, carry out credit chasten.
Supplementary articles of the 6th chapter
Thirtieth 3 [consult applicable] cancel is risked obtain an individual with other identity information company of solely invested enterprise, partnership business, blame makes major of enterprise, farmer individual and cooperation, industrial and commercial a registering item that waits for market main body, consult this method is carried out.
Thirtieth 4 [writ format] cancel is registered, the model for painting of relevant writ format that put on record, superintend total bureau to unite by the market make.
Thirtieth 5 [principle of exception] law, administrative regulations registers what have a regulation additionally to cancel go under sb else's name, set from its.
Thirtieth 6 [the explanation is carried out] this method superintends total bureau to be in charge of explaining by the market, apply since the day of print and distribute oneself.
