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Corporate Service - China

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Q&A Regarding the Revoke of False Registration of Market Entity in Beijing (2)

Answer
Q:
How can a natural person who has been impersonated identity apply to revoke the false registration of a market entity?
A:
For false registration suspected of impersonating the identity of a natural person, the person being impersonated should cooperate with market regulation department to verify their identity information through online or offline channels. If the application is made on legal agent or authorized agent, the basic information of the legal agent or authorized agent should also be explained, and materials such as the identity certificate and agency authority certificate of the legal agent or authorized agent should be submitted.

Q:
Under what circumstances can the revoke of false registration of a market entity be accepted?
A:
If the following conditions are met, the market regulation department shall accept it:
  1. There is preliminary evidence that the legitimate rights and interests of the applicant are affected by false registration;
  2. Belongs to the jurisdiction of this department.        

Q:
Under what circumstances can’t the revoke of false registration of a market entity be accepted?
A:
Under any of the following circumstances, the market regulation department may refuse to accept the application:
  1. Suspected of false registration of impersonating the identity of a natural person, and the impersonated person fails to pass the identity information verification;
  2. Market entities suspected of false registration have been deregistered, except for those applying for revoke of deregistration;
  3. Other circumstances that are not accepted according to law.

Q:
What disciplinary measures will be imposed on market entities that have been revoked for false registration?
A: A market entity whose registration has been revoked due to false market entity registration, the person directly responsible for false registration shall not apply for market entity registration again within three years from the date of revocation of the market entity registration. According to relevant laws and regulations and specific circumstances, the market entity will be subject to relevant administrative or criminal penalties.

Q:
How to identify the person directly responsible for false registration?
A: Under any of the following circumstances, it may be identified as the person directly responsible for false registration:
  1. Making or instructing others to make false materials for false registration;
  2. Impersonating the identity information of others or providing the identity information of others without authorization for false registration;
  3. Impersonating a signatory or instructing others to sign under false names for false registration;
  4. Knowingly or ought to know that the registration applicant submits false materials or conceals Material fact by other fraudulent means to register as a market entity, but still accepts entrustment to handle on his behalf or assists him in conducting false registration;
  5. In the registration of false market entities, applicants and submitters who have made a commitment to the authenticity, legality, validity, and completeness of the submitted materials and information, except for those who can prove that they are not at fault;
  6. Other circumstances where there is evidence to prove that the person is directly responsible for false registration.

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