1, directly solved by the industrial and commercial departments.
After the impostor reports the situation to the industrial and commercial department, the industrial and commercial department may entrust the relevant authorities to identify the handwriting and other documents. After confirming the false facts of the registration documents, the company registration authority will directly cancel the company registration according to the provisions of Article 199 of the Company Law.
2. Indirect settlement through court proceedings.
First, the court makes a judgment that the registration documents or similar documents are invalid, and then requests the industrial and commercial department to cancel the company registration or make corresponding changes according to the court judgment. These channels include:
The first is the action of confirmation. An impostor may request the court to confirm that the registration application, application report, resolution of shareholders' meeting, articles of association, power of attorney, application undertaking, undertaking and investment agreement are invalid, and such applications shall be accepted by the court.
The second is the lawsuit of infringement. Request the court to order the impostor to stop infringing on the impostor's right to name, remove the obstruction and apologize. As long as the court finally confirms that all the signatures on the registration documents are false, the industrial and commercial department will cancel the company registration or cancel the identity of the impostor according to the judgment.
Third, direct exemption in litigation. Refer to Article 29 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of the Company Law of People's Republic of China (PRC) (III). If another person contributes capital in the name of another person and registers that other person as a shareholder in the company registration authority, the person who falsely registers shall bear corresponding responsibilities; If the company, other shareholders of the company or creditors request to be registered as shareholders on false grounds to make up the capital contribution or compensate the debts that the company cannot pay off, the people's court will not support it. "Visible, an impostor in the company's creditors to the company's shareholders claim false capital contribution and other liability, you can not take the initiative to cancel their shareholder status, and then prove that they are being impersonated as shareholders, you can also be exempted from liability. However, due to the lack of clear legal basis at present, it is unknown whether the lawsuit can be won.
The fourth is to directly sue the industrial and commercial departments through administrative litigation. Advocate the administrative inaction of the industrial and commercial department and request the court to decide that the industrial and commercial department cancels the false registration. Legally speaking, the industrial and commercial departments are fully obligated and able to cancel the false registration, so the court should judge the industrial and commercial departments to cancel the false registration. However, there are no successful cases yet, so the litigation risk is high, because the responsibility of the industrial and commercial departments is indeed to be responsible for formal review, and there is no clear stipulation that the authenticity of each registration document should be substantially reviewed through written appraisal or actual investigation.
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