工商总局发布《关于贯彻落实〈企业信息公示暂行条例〉有关问题的通知》 (09/02/2014)

On Sept. 2, 2014, the State Administration for Industry and Commerce (the SAIC) released the Circular on Issues concerning the Implementation of the Interim Regulations on the Public Disclosure of Enterprise Information (the Circular), which became effective on the same day.

The Interim Regulations on the Public Disclosure of Enterprise Information (the Regulations) were released by the State Council Aug. 7, 2014 and became effective Oct. 1, 2014. The Regulations establish a system for the public disclosure of enterprise annual  reports and  the enterprise credit information database. Further, the Circular make the following clarifications regarding the Regulations:

Standardization of the Public Disclosure of Enterprise Information

Except for the enterprise information that should be registered and/or filed with SAIC or its local counterparts (collectively, the Industry and Commerce Authorities), all enterprise information created prior to the implementation of the Regulations is not subject to public disclosure. Enterprises whose business licenses have been revoked before the implementation of the Regulations should be marked with “revoked,” and their names, registration numbers and license revocation dates are required to be made public, in the enterprise credit information database.

Credit Constraints versus Administrative Penalties

The Circular emphasizes that the Industry and Commerce Authorities should properly handle the relationship between “credit constraints” and administrative penalties. Listing an enterprise on the “List of Enterprises with Abnormal Business Operation” or the “List of Enterprises in Series Violation of Law” in the enterprise credit information database is a type of credit constraint. In the event of a violation of laws or regulations, in addition to imposing credit constraints, the Industry and Commerce Authorities should also impose administrative penalties in accordance with the relevant laws or regulations

Administration and Security of Enterprise Data

The Industry and Commerce Authorities should timely update in the enterprise credit information database the enterprise information collected from the annual reports submitted by the enterprises, information voluntarily submitted by the enterprises, and other information published by other governmental authorities. In addition, the Circular provides that public information of enterprises should be protected from illegal modifications and access.

  • Circular on Issues concerning the Implementation of the Interim Regulations on the Public Disclosure of Enterprise Information
  • -《关于贯彻落实〈企业信息公示暂行条例〉有关问题的通知》
  • Issuing authority: State Administration for Industry and Commerce
  • Date of issuance: Sept. 2, 2014 / Effective date: Sept. 2, 2014