Announcement of the State Administration for Market Regulation on Seeking Public Comments on the Interim Measures for Revoking Enterprise Registration Made with the Illegal Use of Identity Information of Others (Draft for Comment)
Announcement of the State Administration for Market Regulation on Seeking Public Comments on the Interim Measures for Revoking Enterprise Registration Made with the Illegal Use of Identity Information of Others (Draft for Comment)
Announcement of the State Administration for Market Regulation on Seeking Public Comments on the Interim Measures for Revoking Enterprise Registration Made with the Illegal Use of Identity Information of Others (Draft for Comment)
April 23, 2019
To maintain the authority and seriousness of company registration, effectively curb the company registration in others' names by providing false materials or by any other fraudulent means and safeguard legitimate rights and interests of the parties concerned, the State Administration for Market Regulation has, in accordance with the Administrative Licensing Law, the Company Law, the Administrative Regulations on Company Registration and other laws and regulations, drafted the Interim Measures for Revoking Enterprise Registration Made with the Illegal Use of Identity Information of Others (Draft for Comment), for which public comments are hereby sought.
The public may give their opinions to the State Administration for Market Regulation by any of the following ways before April 28, 2019:
I. E-mail to: jgjzdc@163.com.
II. Letter to: Credit Supervision Department of the State Administration for Market Regulation, No.8 Sanlihe East Road, Xicheng District, Beijing, 100820.
III. Fax to: 010-88650753.
Interim Measures for Revoking Enterprise Registration Made with the Illegal Use of Identity Information of Others (Draft for Comment)
Chapter I General Provisions
Article 1 [Purpose] The Measures are formulated in accordance with the Administrative Licensing Law, the Company Law, the Administrative Regulations on Company Registration and other laws and regulations in order to maintain the authority and seriousness of company registration and effectively curb the company registration in others' names by providing false materials or by any other fraudulent means.
Article 2 [Illegal Use of Identity Information of Others] For the Purpose of these Measures, company registration made with the illegal use of identity information of others means that without the prior consent or subsequent ratification of a person whose identity information is illegally used, a company uses such person's identity document or forges such person's signature in its materials on application for registration, or applies for registration through the Internet and files the registration with the market regulation department at any level (the "registry office") in the name of such person (the "registration made with the illegal use of identity information of others").
Article 3 [Revocation of Registration] For the purpose of these Measures, revocation of company registration made with the illegal use of identity information of others means that the registry office revokes the registration made with the illegal use of identity information of a person whose identity information is illegally used for company registration and record-filing, corrects the untrue status and makes publicity to the society after accepting, investigating into and ascertaining a complaint lodged by such person and according to the result of the investigation and ascertainment, the effective judgment, ruling, or notice on assistance in enforcement issued by a people's court.
Article 4 [Executing Authority] The competent authority that revokes the registration made with the illegal use of identity information of others is a market regulation department at or above the county level.
The State Administration for Market Regulation guides, supervises and coordinates the revocation of the registration made with the illegal use of identity information of others all over China.
Article 5 [Principles of Revocation] The revocation of the registration made with the illegal use of identity information of others shall be active yet prudent, impartial and open, which can not only effectively protect legitimate rights and interests of persons whose identity information is illegally used and punish the registration made with the illegal use of identity information of others but also effectively safeguard the social public's interests and keep the company registration stable and predictable.
Chapter II Scope of Application, Jurisdiction and Work Division
Article 6 [Scope of Application] These Measures shall apply to the revocation of the following registration made with the illegal use of identity information of others:
1.
......
April 23, 2019
To maintain the authority and seriousness of company registration, effectively curb the company registration in others' names by providing false materials or by any other fraudulent means and safeguard legitimate rights and interests of the parties concerned, the State Administration for Market Regulation has, in accordance with the Administrative Licensing Law, the Company Law, the Administrative Regulations on Company Registration and other laws and regulations, drafted the Interim Measures for Revoking Enterprise Registration Made with the Illegal Use of Identity Information of Others (Draft for Comment), for which public comments are hereby sought.
The public may give their opinions to the State Administration for Market Regulation by any of the following ways before April 28, 2019:
I. E-mail to: jgjzdc@163.com.
II. Letter to: Credit Supervision Department of the State Administration for Market Regulation, No.8 Sanlihe East Road, Xicheng District, Beijing, 100820.
III. Fax to: 010-88650753.
Interim Measures for Revoking Enterprise Registration Made with the Illegal Use of Identity Information of Others (Draft for Comment)
Chapter I General Provisions
Article 1 [Purpose] The Measures are formulated in accordance with the Administrative Licensing Law, the Company Law, the Administrative Regulations on Company Registration and other laws and regulations in order to maintain the authority and seriousness of company registration and effectively curb the company registration in others' names by providing false materials or by any other fraudulent means.
Article 2 [Illegal Use of Identity Information of Others] For the Purpose of these Measures, company registration made with the illegal use of identity information of others means that without the prior consent or subsequent ratification of a person whose identity information is illegally used, a company uses such person's identity document or forges such person's signature in its materials on application for registration, or applies for registration through the Internet and files the registration with the market regulation department at any level (the "registry office") in the name of such person (the "registration made with the illegal use of identity information of others").
Article 3 [Revocation of Registration] For the purpose of these Measures, revocation of company registration made with the illegal use of identity information of others means that the registry office revokes the registration made with the illegal use of identity information of a person whose identity information is illegally used for company registration and record-filing, corrects the untrue status and makes publicity to the society after accepting, investigating into and ascertaining a complaint lodged by such person and according to the result of the investigation and ascertainment, the effective judgment, ruling, or notice on assistance in enforcement issued by a people's court.
Article 4 [Executing Authority] The competent authority that revokes the registration made with the illegal use of identity information of others is a market regulation department at or above the county level.
The State Administration for Market Regulation guides, supervises and coordinates the revocation of the registration made with the illegal use of identity information of others all over China.
Article 5 [Principles of Revocation] The revocation of the registration made with the illegal use of identity information of others shall be active yet prudent, impartial and open, which can not only effectively protect legitimate rights and interests of persons whose identity information is illegally used and punish the registration made with the illegal use of identity information of others but also effectively safeguard the social public's interests and keep the company registration stable and predictable.
Chapter II Scope of Application, Jurisdiction and Work Division
Article 6 [Scope of Application] These Measures shall apply to the revocation of the following registration made with the illegal use of identity information of others:
1.
......