section654

No.

 

The Interim Regulations on Enterprise Information Disclosure have been2014 year7 month23 day of the State Council No.

Adopted at the 57 executive meeting, is hereby promulgated and shall come into force as of the 1 10 month of the 2014 year.

Premier Li Keqiang of

2014 month 8 yearDay of 7

Interim Regulations on Enterprise Information Publicity

Article 1 In order to ensure fair competition, promote corporate integrity and self-discipline, regulate corporate information disclosure, strengthen corporate credit constraints, maintain transaction security, improve government supervision efficiency, and expand social supervision, these regulations are formulated.

Article 2 These Regulations referred to as enterprise information, refers to the administrative department for industry and commerce registration of enterprises engaged in production and business activities in the process of formation of information, as well as government departments in the performance of their duties in the process can reflect the status of the enterprise information.

Article 3 Enterprise information publicity shall be true and timely. If the enterprise information disclosed involves state secrets, national security or social public interests, it shall be reported to the competent administrative department of confidentiality or the national security organ for approval. If the enterprise information publicized by the relevant departments of the local people's government at or above the county level involves the business secrets of the enterprise or the privacy of individuals, it shall be reported to the competent department at a higher level for approval.

Article 4 The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall lead the enterprise information publicity work in their respective administrative regions, and promote the construction of the enterprise credit information publicity system in their respective administrative regions in accordance with the overall requirements for the construction of the national social credit information platform.

Article 5 The administrative department for industry and commerce under the State Council shall promote and supervise the work of enterprise information publicity and organize the construction of the enterprise credit information publicity system. Other relevant departments of the State Council shall, in accordance with the provisions of these Regulations, do a good job in the publicity of enterprise information.

County-level local people's government departments in accordance with these regulations to do enterprise information publicity work.

Sixth administrative departments for industry and commerce shall, through the enterprise credit information publicity system, publicity in the performance of their duties in the course of the following enterprise information:

(I) registration and filing information;

(II) chattel mortgage registration information;

(III) equity pledge registration information;

(IV) administrative penalty information;

(V) other legally should be publicized information.

The preceding provisions of the enterprise information shall be from the date of 20 working days to be publicized.

Seventh administrative departments for industry and commerce other government departments (hereinafter referred to as other government departments) shall be publicized in the performance of their duties in the course of the following enterprise information:

(I) administrative license approval, modification and continuation information;

(II) administrative penalty information;

(III) other legally should be publicized information.

Other government departments may publicize the enterprise information specified in the preceding paragraph through the enterprise credit information publicity system, or through other systems. The administrative departments for industry and commerce and other government departments shall, in accordance with the overall requirements for the construction of the national social credit information platform, realize the interconnection and sharing of enterprise information.

Article 8 An enterprise shall, on an annual basis1 month1 day6

30 month day, through the enterprise credit information publicity system to the administrative department for industry and commerce submitted to the previous year's annual report, and to the public.

The establishment of registered enterprises, from the next year to submit and publicize the annual report.

Article 9 The contents of an enterprise's annual report shall include:

(I) enterprise correspondence address, postal code, contact phone number, e-mail and other information;

(II) enterprise opening, closure, liquidation and other survival status information;

(III) enterprises to invest in the establishment of enterprises, the purchase of equity information;

if the (IV) enterprise is a limited liability company or a joint stock limited company, its shareholders or promoters shall pay and pay the amount of capital contribution, the time of capital contribution, the mode of capital contribution and other information;

(V) limited liability company shareholder equity transfer and other equity change information;

(VI) enterprise website and engaged in network operation of the shop name, website and other information;

(VII) the number of employees, total assets, total liabilities, external guarantees, total owner's equity, total operating income, main business income, total profit, net profit, total tax information.

the preceding paragraph first to the sixth provisions of the information should be to the public, the seventh provisions of the information by the enterprise to choose whether to the public.

With the consent of the enterprise, citizens, legal persons or other organizations may inquire about the enterprise's choice not to publicize the information.

Tenth of the enterprise shall be from the following information from the date of 20 working days through the enterprise credit information publicity system to the public:

(I) limited liability company shareholders or joint stock limited company promoters subscribed and paid the amount of capital contribution, capital contribution time, capital contribution method and other information;

(II) limited liability company shareholder equity transfer and other equity change information;

(III) administrative license acquisition, change and continuation information;

(IV) intellectual property right quality registration information;

(V) subject to administrative penalty information;

(VI) other legally should be publicized information.

if the administrative department for industry and commerce finds that the enterprise has not fulfilled its public notice obligations in accordance with the preceding paragraph, it shall order it to do so within a time limit.

Article 11 Government departments and enterprises shall be respectively responsible for the authenticity and timeliness of their public information.

Article 12 If a government department finds that the information it publicizes is inaccurate, it shall correct it in a timely manner. If a citizen, legal person or other organization has evidence to prove that the information publicized by a government department is inaccurate, he shall have the right to request the government department to correct it.

If an enterprise discovers that the information it publicizes is inaccurate, it shall correct it in a timely manner; however, the correction of the information publicized in the annual report of the enterprise shall be made annually.6 month

30 completed before the day. The information before and after the correction shall be publicized at the same time.

Article 13 If citizens, legal persons or other organizations find that the information publicized by an enterprise is false, they may report it to the administrative department for industry and commerce, and the administrative department for industry and commerce that receives the report shall, from the date of receiving the report materials20 check and deal with it within 3 working days, and inform the informant in writing of the handling.

Citizens, legal persons or other organizations that have doubts about the enterprise information publicized in accordance with the provisions of these regulations may apply to the government department for inquiry, and the government department that receives the inquiry application shall, from the date of receipt of the application

20 reply to the applicant in writing within working days.

Article 14 The administrative department for industry and commerce of the State Council and the administrative departments for industry and commerce of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the requirements of fairness and norms, determine the enterprises for random inspections based on the registration number of the enterprise, and organize inspections of the information publicized by the enterprise.

The administrative department for industry and commerce may conduct spot checks on the information publicized by enterprises by means of written inspection, on-site verification, network monitoring, etc. The administrative department for industry and commerce shall conduct spot checks on the information publicized by enterprises, and may entrust professional institutions such as accounting firms, tax accounting firms, law firms and other professional institutions to carry out relevant work, and make use of the inspection and verification results made by other government departments or professional conclusions made by professional institutions in accordance with the law.

Spot check results by the administrative department for industry and commerce through the enterprise credit information publicity system to the public.

Article 15 The administrative department for industry and commerce shall conduct spot checks on the information publicized by the enterprise in accordance with the law or conduct verification based on the report. The enterprise shall cooperate, accept inquiries and investigations, truthfully report the situation, and provide relevant materials.

For enterprises that do not cooperate with serious circumstances, the administrative department for industry and commerce shall make public through the enterprise credit information publicity system.

Article 16 No citizen, legal person or other organization may illegally modify publicized enterprise information or illegally obtain enterprise information.

Article 17 under any of the following circumstances, the administrative department for industry and commerce at or above the county level shall be included in the list of business anomalies and publicized to the public through the enterprise credit information publicity system to remind them to perform their publicity obligations; if the circumstances are serious, the relevant competent departments shall impose administrative penalties in accordance with the provisions of relevant laws and administrative regulations; if they cause losses to others, they shall be liable for compensation according to law; if they constitute a crime, they shall be investigated for criminal responsibility.

The (I) enterprise fails to publish the annual report within the time limit stipulated in these Regulations or fails to publish the relevant enterprise information within the time limit ordered by the administrative department for industry and commerce;

(II) enterprises publicize information to conceal the true situation and practice fraud.

is included in the business exception list of enterprises in accordance with the provisions of these regulations to perform the obligation of publicity, by the county-level or above the administrative department for industry and commerce removed from the business exception list; full3 for those who fail to perform the obligation of publicity in accordance with the provisions of these Regulations, the administrative department for industry and commerce of the State Council or the administrative department for industry and commerce of the people's government of the province, autonomous region, or municipality directly under the Central Government shall be included in the list of serious illegal enterprises, and shall be publicized to the public through the enterprise credit information publicity system. the legal representatives and responsible persons of enterprises that have been included in the list of enterprises that have seriously violated the law,3 during the year, he shall not serve as the legal representative or person in charge of other enterprises.

The date on which the enterprise is included in the list of serious illegal enterprises expires.5 if the circumstances specified in the first paragraph do not occur again in the year, the administrative department for industry and commerce under the State Council or the administrative department for industry and commerce of the people's government of the province, autonomous region, or municipality directly under the Central Government shall be removed from the list of serious illegal enterprises.

Eighteenth above the county level local people's government and its relevant departments shall establish and improve the credit restraint mechanism, in government procurement, project bidding, state-owned land transfer, award of honorary titles and other work, the enterprise information as an important consideration, to be included in the business abnormal list or serious illegal enterprise list of enterprises in accordance with the law to be restricted or prohibited.

Article 19 If a government department fails to perform its duties in accordance with the provisions of these regulations, the supervisory organ and the government department 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 persons shall be punished according to law; if the case constitutes a crime, he shall be investigated for criminal responsibility.

20th illegal modification of the publicity of enterprise information, or illegal access to enterprise information, in accordance with the relevant laws and administrative regulations shall be investigated for legal responsibility.

Twenty-first citizens, legal persons or other organizations that government departments in the enterprise information publicity work of the specific administrative acts infringe upon their legitimate rights and interests, may apply for administrative reconsideration or bring an administrative lawsuit.

Twenty-second enterprises in accordance with the provisions of the disclosure of information, does not exempt its in accordance with other relevant laws and administrative regulations of the public information obligations.

Twenty-third laws and regulations authorized with the management of public affairs functions of the organization publicity of enterprise information applicable to these regulations on government departments publicity of enterprise information.

Article 24 The State Council administrative department for industry and commerce shall be responsible for formulating enterprise credit information publicity system technical specifications.

The specific measures for information publicity of individual industrial and commercial households and farmers' professional cooperatives shall be separately formulated by the administrative department for industry and commerce under the State Council.

Article 25 These Regulations shall be2014 year10 month1

day of implementation.