Zheng Lawyer'S Lecture: What Kind Of Legal Responsibility Should The False Investment Take?

One of the common violations in the process of enterprise establishment: false capital contribution.

The common performance of 1 is to make false contributions by means of improper valuation.

In our country, besides the money, there are other ways of investment, such as physical property, industrial property right, non patented technology, and the right to use land.

After that, several forms of contribution are evaluated because they are not currencies.

It often encourages valuation institutions to overestimate prices so as to achieve the purpose of false investment.

2, false capital verification by way of false capital verification.

Because capital verification is implemented by intermediaries, investors often achieve false capital contribution through the false capital verification report issued by intermediaries.

3, escape capital.

Investors are making use of the capital and facilities that they lend and lease to others. After the establishment of the company, they withdraw funds in various names and make the company a short selling bag company.

The legal liability of 1: according to the forty-ninth article of the general principles of civil law, an enterprise juridical person who conceals the true situation and falsification to the registration organ or the tax authority shall impose disciplinary sanctions and fines against the legal representative unless the legal person bears the responsibility. If a company constitutes a crime, it shall be investigated for criminal responsibility according to law.

Lawyer Zheng Daoyuan commented: the two track system is the responsibility of the legal person and the legal representative.

2, according to the 206th article of the company law, in violation of the provisions of the company law, when the company registered, false registration of capital, submission of false certificates or other fraudulent means to conceal important facts and obtaining the company's registration shall be ordered to make corrections. The company that falsely claims the registered capital shall pay a false declaration of the amount of more than five percent of the registered capital and a fine of not more than ten percent; a company that submits false testimony documents or adopts other fraudulent means to conceal important facts shall be fined not less than ten thousand yuan or less than one hundred thousand yuan; and if the circumstances are serious, the company's registration shall be cancelled.

If a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

3, according to the 158th section of the criminal law, the applicant company shall register and use false certificates or fraudulent means to falsely report registered capital, deceive the company registration authorities, obtain company registration, falsely report the huge amount of registered capital, serious consequences or other serious cases, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also report or falsely report a fine of more than one percent of the registered capital of five percent or less.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the person directly in charge and other persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Zheng Daoyuan lawyer comments: the conditions for forming a crime are: 1) the amount of false registered capital is huge; 2) the consequences are serious; 3) there are other serious circumstances.