Notice of Shanghai Municipal Administration for Industry and Commerce on Promulgation of the Provisions on Administration of Enterprise Registration in China (Shanghai) Pilot Free Trade Zone
Article 15 The
registration authorities shall conduct random inspection of enterprise annual
reports, and, if in the inspection or investigation following tip-offs, finding
out that any enterprise has illegal act, declaration of untrue information or
concealment of information or false undertaking, shall make an order for
correction within a prescribed time limit, and record the enterprise in the bad
credit list; for violation of administrative provisions on enterprise
registration, punishment shall be given pursuant to the relevant administrative
provisions on enterprise registration in addition to making correction by order,
and information on the enterprise's legal representative and person(s)-in-charge
shall be circulated to the relevant authorities.
Article 16 The
registration authorities shall establish a abnormal operation list system, and
record enterprises which fail to announce their annual reports within the
prescribed time limit or enterprises which cannot be contacted through their
registered address (business premises) in the abnormal operation list, and make
it known to the public through the market entity credit information announcement
system.
Where an enterprise has performed its annual report announcement
obligation within three years from the date of being recorded in the abnormal
operation list, it may apply to the registration authorities to be reinstated to
the normal record status; enterprises which fail to perform the said obligation
after the expiry of the three-year period shall be permanently included in the
abnormal operation list by the registration authorities and shall not be
reinstated to the normal record status, and shall be recorded in the serious
offender enterprise list.
Article 17 The registration authorities shall
upload, receive, provide feedback for enterprise registration, filing, licensing
examination and approval, annual reports, administrative punishment information
through the government affairs information sharing platform to materialize
information sharing.
Article 18 Enterprises in the Pilot Zone relocating out
from the Pilot Zone shall be handled pursuant to the provisions on
administration of registration of enterprises outside the Pilot
Zone.
Enterprises outside the Pilot Zone relocating into the Pilot Zone shall
be handled with reference to these Provisions.
Article 19 Administration of
registration of enterprises from foreign countries (regions) which engage in
production and business activities in the Pilot Zone shall be implemented with
reference to these Provisions.
Article 20 Matters not covered in these
Provisions shall be handled pursuant to the relevant prevailing provisions on
administration of enterprise registration.
Article 21 These Provisions
come into force on 1 October 2013, effective for three years.