SAIC Issued The Interim Measures For Spot Checks On Public Information Of Enterprises.
Article 1
In order to strengthen the supervision and management of information publicity of enterprises and standardize the work of public information examination, the present Measures are formulated in accordance with the Interim Regulations of the enterprise information publicity, the administrative reform of the registered capital registration system, and the relevant provisions of the State Council.
The second article refers to the spot checks of enterprises' publicity information, which means that the administrative departments of industry and Commerce randomly pick out a certain proportion of enterprises, and check their activities through the public information system of the enterprise credit information publicity system.
Third article
The State Administration for Industry and commerce is responsible for directing the nationwide information disclosure of enterprises to publicise information, and carrying out or organizing local industrial and commercial administrative departments to carry out spot checks on public information according to needs.
The Administrative Bureau for Industry and Commerce of provinces, autonomous regions and municipalities directly under the central government shall be responsible for organizing or carrying out spot checks on public information of enterprises in their respective jurisdictions.
The fourth State Administration for Industry and Commerce and the administrations for Industry and Commerce of provinces, autonomous regions and municipalities directly under the central government shall, in accordance with the requirements of fairness and standardization, extract enterprises that are not less than 3% within the jurisdiction according to the random number of the enterprise registration numbers and other random numbers, and determine the inspection list.
The fifth spot checks are divided into non directional spot checks and directional spot checks.
Non directional spot check means that the industry and commerce administration department randomly selects the list of inspecting enterprises by random Yaohao extraction, and checks its publicity information through the enterprise credit information publicity system.
directional
Spot check
It means that the industry and commerce administration department determines the list of inspection enterprises according to the specific conditions of the enterprise type, scale of operation, industry, geographical area and other specific conditions, and checks its information through the publicity information system of the enterprise credit information.
Sixth article
The administrative departments for Industry and commerce at all levels shall inspect their registration enterprises in accordance with the inspection list designated by the State Administration for Industry and Commerce and the Administration for Industry and Commerce of the provinces, autonomous regions and municipalities directly under the central government in accordance with the provisions of the fourth provision of these measures.
If the industry and commerce administration department discovers that the information disclosed by the enterprise may be concealed from the real situation or falsification according to the report, it may also inspect the enterprise.
Superior
Business circles
The administrative departments may entrust the lower level administrative departments for Industry and Commerce for examination.
The seventh administrative departments for Industry and Commerce shall conduct an undirected spot check on the publicity information of the enterprises through the publicity system of the enterprise credit information after the annual report is over.
The eighth industry and commerce administration departments can check the information of enterprises' publicity through written examination, on-site verification and network monitoring.
In the spot checks, accountants, tax agents, law firms and other professional institutions may be entrusted to carry out auditing, capital verification, consultation and other related work, and make use of the inspection and verification results made by other government departments or the professional conclusions made by professional institutions in accordance with the law.
When the ninth industry and commerce administration departments carry out on-the-spot inspections on the enterprises being inspecting, the inspectors shall not be less than two, and they shall produce law enforcement certificates.
Inspectors
The site verification record form should be filled out, the verification status should be recorded truthfully and signed by the legal representative of the enterprise (the person in charge) or the seal of the enterprise shall be confirmed.
If a signature or seal is not available, the inspector shall indicate the reason and, if necessary, invite the person concerned as a witness.
The tenth industry and commerce administration departments shall carry out inspections according to law. Enterprises should cooperate with them, accept inquiries and inquiries, faithfully reflect the situation, and provide relevant materials such as accounting information, audit reports, administrative licensing certificates, administrative penalty decisions, and place use certificates according to the inspection needs.
If the enterprise fails to cooperate with the serious circumstances, the administrative department for Industry and Commerce shall publicize the enterprise credit information publicity system.
If the eleventh administrative departments for Industry and Commerce fail to meet the requirements of the inspection after inspection, they shall record the inspection results in the public information of the enterprise within 20 working days from the date of the end of the inspection.
The twelfth industry and commerce administration departments found that during the inspection, the enterprises did not publicize annual reports in accordance with the time limit prescribed in the Interim Regulations on enterprise information publicity, or did not publicize the information of enterprises in accordance with the time limit prescribed by the administrative department for Industry and commerce, or publicize information to conceal the real situation and falsification.
The thirteenth administrative departments for Industry and Commerce shall uniformly publicize the inspection results through the publicity system of enterprise credit information.
If the fourteenth industry and commerce administration departments fail to perform their duties in accordance with the relevant provisions of these measures, the administrative departments for Industry and commerce at the next higher level shall order them to make corrections. If the circumstances are serious, the responsible persons and other persons directly responsible shall be dealt with in accordance with the relevant provisions.
The fifteenth official documents of the enterprises shall be uniformly formulated by the State Administration for Industry and commerce.
Sixteenth individual industrial and commercial households, farmers' professional cooperatives annual report information spot checks refer to the implementation of these measures.
The seventeenth way is to be explained by the State Administration for Industry and commerce.
The eighteenth measures shall come into force on October 1, 2014.
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