Experts Understand Ten Misunderstandings In The Reform Of Industrial And Commercial Registration System

Liu Junhai, director of the Commercial Law Research Institute of Renmin University of China, has doubts and doubts about the top 10 misunderstandings in the society during his exclusive interview with P.

< /p >

< p > first, it is considered that the reform of business registration system only encourages investment and business and ignores paction safety.

< /p >

< p > Liu Junhai said that in the reform of creditor protection mechanism, the reform has perfected the risk prevention mechanism in advance, and has also focused on strengthening the right relief mechanism afterwards.

For example, the registered capital registration system reform plan emphasizes the establishment of the market main body credit information publicity system, the improvement of the credit constraint mechanism, and the strengthening of judicial relief and criminal punishment.

< /p >

< p > secondly, the abolition of the minimum registered capital system will lead to a flood of dollar companies.

< /p >

< p > Liu Junhai said that although shareholders have the right to register a dollar company, they are usually not satisfied with the registration of one yuan company in order to show their capital strength and credit.

Rational creditors will also be alert to dollar companies.

< /p >

< p > Third, after the registered capital paid in system is changed to the subscription system, investors can freely subscribe to the registered capital of sky high price.

< /p >

< p > Liu Junhai said that from the legal point of view, shareholders' recognition of registered capital constitutes a commitment to the public and potential creditors.

If the company is insolvent and falls into bankruptcy repayment procedures, the shareholders who subscribe to the registered capital of sky high price must bear joint and several liabilities for the company's creditors within the scope of acceptance of the registered capital.

< /p >

< p > Fourth, as long as investors promise to pay the registered capital of the sky after the company has been established for 100 years, there is no real capital contribution obligation in their lifetime.

< /p >

< p > Liu Junhai said that in the current practice of company registration, there was a problem of too long a commitment capital contribution.

If a trading company in Suzhou extends its investment time to October 2061, some shareholders will be over 100 years old.

Under normal circumstances, shareholders perform their obligations in accordance with the amount and manner of investment stipulated in the articles of association.

However, the company's entry into liquidation proceedings can be regarded as the actual obligation of shareholders to pay capital contributions.

< /p >

< p > fifth, first company is the lowest legal risk of shareholders, or even a company organization that can rest easy.

< /p >

< p > Liu Junhai said that if a single shareholder can not be cautious and self-discipline, the individual and one person company's property will be confused and the risk of joint liability will come.

< /p >

< p > sixth, enterprise credit information publicity system useless theory.

< /p >

< p > Liu Junhai said that the establishment of the registered capital subscription system and the abolition of the minimum registered capital system do not necessarily damage the interests of creditors.

In other words, the key to creditor protection is the pparency and credibility of the debtor company.

< /p >

< p > seventh, the industry and Commerce < a href= "//www.sjfzxm.com/news/index_c.asp" > registration system < /a > reform is only a matter of the industrial and commercial departments, and has nothing to do with other departments.

< /p >

< p > Liu Junhai said that in order to comprehensively deepen the reform of the industrial and commercial registration system, other government departments should also expand their duties to eliminate the regulatory blind spots and enhance the joint efforts of supervision and management.

The most urgent task is to comprehensively and deeply integrate all kinds of integrity databases of the state organs such as the business sector, the central bank, taxation, public security, customs, courts and other organs based on the economic household registration database of the industrial and commercial sector.

< /p >

< p > eighth, the mode of "pre certification and post illumination" is changed to < < a href= > //www.sjfzxm.com/news/index_c.asp > > first sight after certificate > /a > mode is only a simple displacement for business enterprise legal person business license and application administrative permission sequence.

< /p >

< p > > a href= "//www.sjfzxm.com/news/index_c.asp" > Liu Junhai < /a > said that the reform of the system of pre certification and post examination can not only reduce the cost of establishing the company, but also enable the company to carry out commercial activities as soon as possible, and it can also force the examination and approval system of the administrative examination and approval department to reform.

< /p >

< p > ninth, shareholders can make bold and false investment and escape capital after the company is established.

< /p >

< p > Liu Junhai said that reform does not mean the risk of false investment and escape capital contribution.

The new company law and other related laws impose penalties on offenders.

< /p >

< p > tenth, the annual inspection system is replaced by the annual report system, and the company can be unscrupulously falsified in the annual report.

< /p >

< p > Liu Junhai said that companies who cheat in annual reports must bear both administrative penalties and abnormal records.

Those who refuse to repair credit for more than three years will be permanently included in the list of business anomalies and listed on the list of serious illegal enterprises.

< /p >