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Q&A Regarding Revocation of Counterfeit Company Registration for Illegal Use of Others Identity

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In order to optimize the business environment, protect market entities, and safeguard the legitimate rights and interests of the people, Beijing Administration of Market Regulation has formulated the Notice on Revocation of Company Registration by illegally using Others' Identity Information (hereinafter referred to as the Notice) and the policy interpretation further refined the work requirements related to the revocation of counterfeit registration. This article aims to solve frequently asked questions in the form of Q&A for clients’ reference.

Q: How can I apply for revocation of company registration after I find that my identity information has been fraudulently used for registration?
A: If the party discovers that without his knowledge, his identity document or identity information has been fraudulently used by others to register him as legal representative, shareholder, director, supervisor, etc., he can report the situation to the market supervision bureau where the company is registered and apply for revocation of the counterfeit registration. The party can inquire about the registration information of the involved company through the national enterprise credit information publicity system and determine the matters to be registered under the false name, the time of the registration and the company’s registration authority. The party needs to fill in the Application Form for Revocation of counterfeit Registration and bring the original and copy of their ID card to the market supervision bureau where the company is registered and domiciled.

Q:
Under what circumstances can the registration authority partially revoke the registration or record filing?
A:
When the fraudulent use of identity information only involves some of the company’s shareholders, directors, supervisors or senior management personnel, the registration authority may make a partial revocation of registration (record filing) decision and separately cancel the false registration (record filing) items.

Q:
Under what circumstances can the registration authority revoke the registration?
A:
In the case of registration, where the fraudulent use of identity involves legal representative of the company or shareholder of a one-person limited company, the registration authority determines that it is inappropriate to take the partial revocation of registration (record filing), and the registration can be revoked according to law.

Q:
After the registration authority accepts counterfeit registration, can the company involved still handle the registration?
A:
Yes. However, after accepting the counterfeit registration and before deciding whether to revoke the registration, the registration authority will verify the substance of the application materials if the company applies for registration business.

Q:
What will the registration authority do if the company involved cannot be contacted?
A:
The registration authority will conduct supervision in accordance with relevant requirements and will move the company involved in the abnormal operation enterprise list in accordance with the law if it meets the conditions abnormal operation enterprise.

Q: If the applicant has passed the real-name verification and confirmed the registration business, can the applicant still apply for Revocation of the counterfeit registration?
A: In principle, the registration (record filing) is not revoked. However, if the applicant has doubts about real-name verification and business confirmation, he can report and explain the situation to the registration authority. After verification, the registration authority may revoke the registration (record filing) accordingly.

Q: After the company has been partially revoked for registration (record filing), whether it needs to re-registered?
A: For companies, whose registration (record filing) has been partially revoked, the company shall go to the registration authority to re-register or fill record of the relevant matters in time. The registration authority may, in accordance with relevant regulations, order the company to re-register or fill record within a time limit. In principle, the processing time limit shall not exceed 30 days. If the company fails to complete the re-registration or record filing within the time limit, it shall be punished according to law.

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