If the signature of the legal representative or shareholder involved in the submitted application materials is not his or her signature, it shall be deemed as false materials. Any act of providing false materials for company change registration shall be subject to administrative penalties in accordance with the law. This is based on the need to strictly enforce the registration and administrative order of market entities. The establishment, change and termination of a company must be registered in accordance with the law and in a standardized manner to ensure that company registration can truly reflect the will of the company, maintain the stability of the economy and transaction order, and create a lawful and orderly business environment. Whether the company's actual rights status after change registration is consistent with the rights status at the time of registration does not affect the registration authority's negative evaluation of the company's submission of false materials when applying for change registration.

During the company registration or change registration process, the following suggestions are recommended:

(1) When the company changes its name, domicile, registered capital, business scope, type, branch establishment, etc. , should promptly go to the Industrial and Commercial Bureau to complete the change registration procedures.

(2.) If it involves major matters such as changes in shareholder information, changes in legal representatives, etc., the "Company Change Registration Application" and "Designated Representative or ***" signed by the original company's legal representative should be submitted Proof of Agent" and "Amendment of the Company's First Process", and indicate the entrustment matters, authorization period, etc.

In practice, impersonation and false registration are two common means of interfering with normal registration.

1. Registration under a false name:

Common forms of registration under a false name

In practice, there are various forms of registration under a false name. Some parties have been registered under a false name. The legal representative of the company has also been registered as the company's shareholders, supervisors and other senior managers under false pretenses; the behavior is also diverse, including opening a company with someone else's lost ID card, forging other people's signatures, and creating false equity transfer agreements and shareholders' meetings. Resolution documents; the registration materials involved involve various aspects such as agency agreements, company articles of association, equity transfer agreements, company resolution documents, etc.

Who to report to when you discover that someone has been registered under a false name

The market supervision department that made the decision on the registration (hereinafter referred to as the registration authority) is responsible for reporting that the person who has been falsely registered wants to cancel the false registration. If the registration authority has been changed, the current registration authority shall be responsible for the cancellation.

For example, if a company registered under a false name changes its registration authority due to address migration, jurisdictional adjustment, etc., the current registration authority will be responsible for the cancellation.

Under what circumstances can an impersonation registration be revoked?

(1) The registration authority investigates and determines that the basic facts of false registration are clear;

(2) Or the company and relevant personnel cannot be contacted or do not cooperate with the investigation and there are no interested parties during the public disclosure period If an objection is raised, the registration authority believes that the false registration is established;

(3) The effective judgment or ruling of the People's Court has established the fact of false registration.

Under what circumstances will the fake registration not be revoked

(1) There is evidence to prove that the person being faked knew about the registration or did not ratify it afterwards, and the registration authority believes that the fake registration is not established;

(2) If the objection raised by an interested party during the publicity period is found to be true after investigation, the registration authority believes that the false registration is not established;

(3) Public security, taxation, finance, human resources and social security Wait for the relevant departments to issue written opinions disagreeing with the cancellation of registration;

(4) The cancellation of registration may cause significant damage to the interests of the public.

What materials does the person being impersonated need to submit?

1. Registration cancellation application signed by myself

2. Copy of my ID card

Note: The person being impersonated must provide registration cancellation application signed by me and a copy of their identity document (if you are present in person, you must present the original). The person being impersonated can also provide documents and materials that can help determine the basic facts of the fraudulent registration, such as the alarm receipt for the loss of the identity document, the announcement of the loss of the identity document, the bank's record of the loss of the identity document, the handwriting appraisal report issued by a professional organization, etc. As a necessary material, it plays an important role in finding out the basic facts of fake registration.

Processing procedures of the registration authority

(1) Record the feedback of fake registration

(2) Publicize the situation of the enterprise suspected of fake registration

The registration authority shall promptly disclose to the public the circumstances of the company's suspected false registration (including the time of false registration, specific registration matters, registration authority contact information, etc.) through the National Enterprise Credit Information Disclosure System. The publicity period is 45 days.

If the investigation is completed and a conclusion is made during the publicity period, the publicity will be terminated.

(3) Investigation and consultation

The registration authority will conduct on-site inspections of the company’s residence or business premises by reviewing the archival materials involved in the fraudulent registration, and questioning the company’s relevant personnel and registered agents. Investigate the basic facts of fake registration through other methods, such as public security, taxation, finance, human resources and social security, etc. as needed.

(1) Make a decision to cancel the registration

(2) The registration authority will make an investigation conclusion after the investigation is completed or the publicity period expires, and make a decision to cancel or not to cancel the registration accordingly. .

(3) If the company's business license has been revoked before the investigation, it will not affect the registration authority's decision to cancel the registration. However, if the company obtains registration by submitting false materials or using other fraudulent means to conceal important facts, it will be revoked. Except for business licenses.

2. False registration

Compared with false registration. False registration is subjectively more deceptive than false registration, and therefore the disciplinary measures are more stringent.

3. What are the consequences of false registration?

(1) Cancellation of registration

(2) For market entities whose registration has been canceled due to false market entities, their direct The responsible person shall not apply for market entity registration again within 3 years from the date the market entity registration is revoked. The registration authority shall make it public through the national enterprise credit information publicity system;

(3) If false materials are submitted or other fraudulent means are used to conceal important facts to obtain market entity registration, the registration authority shall order corrections and confiscate illegal gains. A fine of not less than RMB 50,000 but not more than RMB 200,000 shall be imposed; if the circumstances are serious, a fine of not less than RMB 200,000 but not more than RMB 1 million shall be imposed and the business license shall be revoked.

Legal Basis

Company Law

Article 198 Violates the provisions of this Law by falsely reporting registered capital, submitting false materials or engaging in other fraud If a company obtains company registration by concealing important facts, the company registration authority shall order it to make corrections and impose a fine of not less than 5% but not more than 15% of the registered capital amount on the company that falsely reports its registered capital; companies that submit false materials or engage in other fraud will be fined A company that conceals important facts by any means shall be fined not less than 50,000 yuan but not more than 500,000 yuan; if the circumstances are serious, the company registration shall be revoked or the business license shall be revoked.