Industrial And Commercial Registration: Registered Capital "Subscription System" Is Not A "Pay System".
In March 1st last year, the reform of the new business registration system stipulated that the company's registered capital subscribe system should be abolished. In the past, the minimum amount of registered capital, the proportion of money and the time limit for payment were abolished.
However, what is the actual investment situation of these "expensive" enterprises? In May this year, the business sector launched the first public survey of information on capital contributions, and the results showed that 319 of the 1116 enterprises surveyed were not funded (zero contribution).
"The focus of this spot check is the information that the shareholders or sponsors should publicly subscribe and pay in real time, the time of capital contribution and the way of capital contribution from March 1, 2014 to April 30, 2015."
Tang Weihua, the head of the Business Administration Bureau of the Municipal Bureau of industry and commerce, said that 1116 enterprises were surveyed, of which 319 were not funded (with zero investment), while 189 of them were funded on time, and 10 were not funded by the time limit for investment. 569 of them were fully funded.
In addition, because the enterprises do not cooperate and the registered residence (business premises) can not contact the enterprise, 29 enterprises can not verify the capital contribution, nor can they verify the registration files.
"Many
enterprise
There are misunderstandings about the registered capital subscription system.
Tang Wei Hua
It is indicated that the sampling results show that some companies regard the "subscription system" as a "pay system". The subscription period and the amount are arbitrary or not serious. There are 5 years, 10 years, or even longer periods of subscription.
Some hold the company first, develop it and see if it can not be closed. If it is not well developed, it will not be able to pay the capital in full. It may damage the interests of creditors in the future.
"Registered capital subscription is not equal to no payment. You promise that the registered capital will be paid in full. If it fails to perform, it will constitute a breach of contract and bear the corresponding responsibility."
Tang Weihua explained that the problems of arbitrarily exaggerated registered capital and low actual rate will bring hidden trouble for the future development of enterprises.
It is understood that the "national enterprise credit information publicity system" has been officially launched, the relevant public information can be queried at any time, the business sector will also be sampling.
This means that once the company is in
Registered capital
In the aspect of the enterprise, the company will be listed in the blacklist of the national network, which will affect the further development of the enterprise.
In terms of liabilities, once a company has subscribed to registered capital, it must bear the responsibility of subscribed by registered capital.
Tang Weihua, for example, if the company is insolvent and bankruptcy enters the liquidation procedure, the capital contributions subscribed by the shareholders must be paid in full. If a company with a registered capital of 500 thousand yuan loses 1 million yuan, it only needs to compensate the creditor in accordance with the registered capital of 500 thousand yuan which is subscribed, and the registered capital of 1 million yuan must be paid 1 million yuan.
It is reported that the business sector has ordered 26 enterprises to publicized their investment within a specified time limit, and the next step will be to intensify the study of enterprise credit constraint measures, formulate management measures for dishonest enterprises, and promote the establishment of a joint disciplinary mechanism.
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