legal liability

Postdate: 2016-11-09

Registration of enterprises must be in accordance with the registration regulations for the registration, change, deferral and cancellation procedures, or will be punished, bear the corresponding violation of responsibility. According to the existing legislation, the offense of industrial and commercial registration offense generally includes the following contents:


1. Unauthorized opening of business activities without authorization, ordered to terminate the business activities, confiscate the illegal gains, impose a fine of not more than 3 times the amount of illegal income, but not more than 30,000 yuan, with no illegal income, impose a fine of 10,000

2, the application for registration to conceal the truth, fraud, in addition to order to provide the real situation, depending on their specific circumstances, be warned, confiscate illegal income, impose a fine of 3 times the amount of illegal income, the maximum not more than 30,000 yuan, no illegal gains , Impose a fine of 10,000 yuan, do not have the conditions of business or business conditions, the revocation of licenses

3, forged documents fraudulent business license, confiscation of illegal income, impose a fine of 3 times the amount of illegal income, the maximum does not exceed 30,000 yuan, there is no illegal income, impose a fine of 10,000 yuan, and revoke the business license

4, beyond the operating period to engage in business activities, as a unlicensed business, ordered to terminate the business activities, confiscation of illegal income, impose a fine of 3 times the amount of illegal income, the maximum not more than 30,000 yuan, there is no illegal income, The following fine

5, unauthorized change of residence, address, place of business, affiliation, be warned, confiscation of illegal income, impose a fine of 3 times the amount of illegal income, up to no more than 30,000 yuan, no illegal gains, impose 10,000 yuan fine, And the deadline for handling the registration of change; overdue not to be ordered to suspend business for rectification or withholding business license; the circumstances are serious, the revocation of business license

6. To change the name, economic nature, type of enterprise, legal representative or person in charge, and the chairman, vice-chairman, general manager, deputy general manager, registered capital (capital), amount of capital, increase or revoke branch of the foreign- Shall be fined not more than 3 times the amount of the illegal proceeds, up to not more than 30,000 yuan. If there is no illegal income, a fine of not more than 10,000 yuan shall be imposed and the change of registration shall be made within a prescribed time limit. ; Late shall not be ordered to suspend business for rectification or withholding business license; the circumstances are serious, the revocation of business license

7, beyond the approved scope of business and business mode of operation engaged in business activities, should be based on the seriousness of the circumstances, be warned, confiscate the illegal gains, impose a fine of 3 times the amount of illegal income, up to no more than 30,000 yuan, there is no illegal income, The illegal gains shall be confiscated, and a fine of not more than 3 times the amount of the illegal proceeds shall be imposed, up to not more than 30,000 Yuan, and if there is no illegal income, a fine of 10,000 Yuan shall be imposed. If the illegal income is not obtained, The following fine, the circumstances are serious, revoke the business license

8. Infringement of the exclusive right of the enterprise legal person name and order to stop the infringement and compensate the injured party for economic losses, impose a fine of less than 5,000 Yuan. If the circumstances are serious, the business license shall be revoked.

9, forged, altered, leased, lent, transfer, sell license, respectively, the confiscation of illegal income, impose a fine of 3 times the illegal income, the maximum does not exceed 30,000 yuan, there is no illegal income, impose a fine of 10,000; Serious business license revoked

10, unauthorized copying business license, a copy of collection, be warned to impose a fine of 2,000 yuan the following

11, not in accordance with the provisions of suspension of business license, be warned, ordered to correct; refuse to correct, impose a fine of 2,000 yuan

12, evasion, transfer of funds, hidden property to evade debt, ordered to make up the flight, the transfer of funds, recovering hidden property, confiscate illegal income, impose a fine of 3 times the amount of illegal income, the maximum not more than 30,000 yuan, no illegal income , Impose a fine of 10,000 yuan; the circumstances are serious, and ordered to suspend business for rectification or revocation of business license

13, do not apply for cancellation of registration, shall be ordered to cancel the registration deadline. If it refuses to handle it, a fine of less than 3,000 Yuan shall be imposed, the business license shall be revoked and the responsibility of the competent department of the enterprise shall be investigated.

14, not to submit the annual inspection report, for the annual inspection of the illegal income amount to 3 times the fine, the maximum does not exceed 30,000 yuan, there is no illegal income, impose a fine of 10,000 yuan, and annual processing , Refused to handle, revoke the business license

15, refused to supervision and inspection, take over the supervision and inspection process fraud, in addition to ordered to take over the supervision and inspection and to provide the true situation, be warned to impose a fine of 10,000

16, to the Trade and Industry Bureau to provide false documents, documents, to provide false documents, documents, units and individuals, ordered to compensate for the issuance of false documents, documents to others caused by the loss, and impose a fine of 10,000

17, enterprise legal person engaged in illegal business activities, according to the circumstances were given a warning, fines, confiscation of illegal income, suspend business for rectification, withholding, revocation of "corporate business license" punishment

18, the use of unregistered enterprises registered in the name of the production and business activities, the difference between the circumstances, ordered to stop business activities, confiscation of illegal gains or impose more than 2,000 yuan, 20,000 yuan the following fines, serious cases can be


19, without authorization to change the name of the enterprise, the difference between the circumstances, be warned or impose more than 1,000 yuan, 10,000 yuan the following fines, and a deadline for change registration

20, unauthorized transfer or lease their own business name, the difference between the circumstances, the confiscation of illegal income and impose more than 1,000 yuan, 10,000 yuan the following fine

21, the use of the retention period of the name of the enterprise engaged in production or business activities or retention period does not schedule the "enterprise name registration certificate" back to the registration of Trade and Industry Bureau, the difference between the circumstances, be warned or fined 5 Bai Yuan,

22. The seal, bank account, plaque and letterhead used by the enterprise shall be different from the registered enterprise name and shall be given a warning and fined not less than 5,000 yuan but not more than 5,000 yuan

23, unauthorized use of others have registered the name of the enterprise or other infringement of the right to use the name of another enterprise, ordered the infringer to stop infringement, compensation for infringed by the tortfeasor suffered losses, confiscation of illegal income and impose 5,000 , And a fine of 50,000 Yuan or less

24, in the year before the deadline to submit the annual inspection materials, companies without justification in the deadline did not submit the annual inspection materials, impose a fine of 1,000 yuan round; before the date of inspection to declare the annual inspection, the company, A fine of not more than 100,000 yuan in the case of a non-legal person or a fine of not more than 100,000 yuan in the case of an unincorporated business enterprise; and a fine of not more than 30,000 yuan

25, in the annual inspection in the concealment of the real situation, fraud, belong to the company, punishable by 10,000 yuan more than 50,000 round penalty; a non-corporate legal person, impose a fine of 30,000 yuan, ordered deadline to correct the circumstances, Business license; belong to unincorporated business units, punishable by a fine of 30,000 yuan

26, the enterprise did not participate in the annual inspection, and continue to engage in business activities on the annual inspection deadline for the annual inspection of enterprises before the announcement, since the announcement date of 30 days has not yet declared annual inspection, revocation of business license

27, the company registered matters change, not in accordance with the provisions of registration for change, ordered the enterprise within 10 days for change registration, overdue not handled, punishable by 10,000 yuan to 100,000 yuan the following fines; fee corporate corporate and unincorporated business units , A fine of not more than 30,000 Yuan shall be imposed

28, falsely registered capital and false investment, shall be made within 30 days to pay back the investment, according to the provisions of the amount of false registered capital of 5% to 10% of the fine; the circumstances are serious, revoke the business license

29, to submit false documents or other fraudulent means to obtain the company registration, shall be ordered to correct, punishable by 10,000 yuan to 100,000 yuan the following fines; non-corporate legal entities and unincorporated business units impose a fine of 30,000 yuan; Serious business license revoked

30, evacuation of capital, shall be ordered within 30 days to return to the enterprise capital flight. Shall be imposed a fine of not less than 5% and not more than 10% of the amount of capital withdrawn from the fund; if it is a legal person of a non-corporate enterprise, a fine of not more than 30,000 yuan shall be imposed

31. If the enterprise fails to pay the capital contribution according to the time limit stipulated in the articles of association or the contract, it shall pay the capital within the time limit. If the enterprise fails to pay the overdue payment, the business license shall be revoked according to law.

32. For accounting firms that issue false capital verification reports or audit reports, they confiscate their illegal gains and impose a fine of not less than one time but not more than five times the amount of the illegal gains and fail to recognize the capital verification report issued by them within three years. If the circumstances are serious, the business license shall be revoked according to law, and a report of major omissions shall be ordered to be rectified. If the circumstances are serious, a fine of not less than one time but not more than three times the income shall be imposed.

33. If the cooperative enterprise violates the relevant provisions, it may order it to suspend business or revoke the business license if it does not set up accounting books in China.

34. Where a foreign-capital enterprise refuses to set up accounting books within the territory of China, it may order it to suspend business or revoke its business license

35, foreign-funded enterprises are not approved within the period approved by the approval of the injection, the right to revoke the business license

36, the certificate of approval of foreign-funded enterprises automatically lapse, without going through the cancellation of registration and business license cancellation, revocation of business license, and be announced

37, foreign-funded enterprises in the enterprise location is not set up accounting books can be ordered to stop business or revoke business license

38, without obtaining a business license without authorization engaged in real estate development business, by the county level and above the Commerce and Industry Bureau ordered to stop the real estate development business activities, confiscate the illegal income, impose a fine

39, in order to obtain a business license to engage in real estate intermediary services, by the county level and above the Commerce and Industry Bureau ordered to stop the real estate intermediary services business, confiscate the illegal income, impose a fine

40, public air transport enterprises, general aviation enterprises in violation of the "Civil Aviation Law" provides that the circumstances are serious, the revocation of its business license to revoke its business license

41, no transport business license engaged in container transport business, by the competent transport authorities ordered to stop its business, by the Trade and Industry Bureau to give punishment

42, without the approval of the competent authorities and the implementation of registration procedures, unauthorized operation of the tourism business, unauthorized transfer of business license, deceive travelers, illegal profit, depending on the seriousness of the travel agencies by the travel agency managers and directly liable persons, , Or ordered to rectify the travel agency; the circumstances are serious, given by the Trade and Industry Bureau to confiscate illegal income, revoke the business license, ordered to stop business punishment

43, the permanent representative offices of foreign enterprises in violation of the provisions of direct business activities, the State Administration for Industry and Commerce ordered to stop its business activities, and impose a fine of 20,000 yuan round, can also be punished according to the relevant provisions of unlicensed operation


44. The resident representative office of a foreign enterprise shall change the registration without going through alteration of the original registration, or shall go through the formalities for canceling the registration without going through the formalities. If the circumstances are serious, the SAIC shall give a notice of RMB5000 Round the following fine, until the revocation of registration certificate

45, the permanent representative offices of foreign enterprises engaged in illegal activities such as speculation and fraud, the registration agency shall confiscate all the illegal gains of the property and impose a fine until the cancellation of registration certificate

46, foreign enterprises and other economic organizations without approval, registration, unauthorized engage in permanent representative business activities, ordered to stop its business activities, and impose a fine of 10,000 yuan the following

47. The enterprise and the competent authority shall conceal the true situation of the legal representative of the legal person of the enterprise to the registration authority in violation of the provisions when applying for registration, and shall be ordered to provide the real situation and shall be given a warning and confiscated the illegal proceeds according to the specific circumstances, Of the fine, the review does not have the conditions of business or business conditions, business license revoked; forged documents fraudulent business license, the confiscation of illegal income, impose a fine of 20,000, the revocation of licenses

48, do not change the legal representative of the Trade and Industry Bureau, ordered to suspend business for rectification until the revocation of the enterprise or revoke the "corporate business license"