Recruitment consequences of stealing business license

Whoever privately divides the business license and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income. If the product sold by the other party using the business license of the party concerned causes losses to consumers or a third party, the company concerned may be jointly and severally liable.

1. What will happen if the business license is fraudulently used?

This is a serious matter. If the other party causes losses to consumers or third parties due to the products sold by using your business license, your company may have to bear joint liability. It is suggested to contact the fraudster as soon as possible to cancel fraudulent use or sue for compensation.

Second, the business license

Business license is a certificate issued by the administrative department for industry and commerce to industrial and commercial enterprises and individual operators to engage in certain production and business activities. Its format shall be uniformly stipulated by the State Administration for Industry and Commerce.

The registered items include: name, address, person in charge, amount of funds, economic composition, business scope, business mode, number of employees, business period, etc. Business licenses are divided into originals and duplicates, which have the same legal effect. The original shall be placed in a prominent position in the company's domicile or business premises, and the business license shall not be forged, altered, leased, lent or transferred.

Without a business license, industrial and commercial enterprises or individual operators are not allowed to start business, engrave official seals, sign contracts, register trademarks or advertise, and banks are not allowed to open accounts.

Changing the paid-in system of registered capital into the subscription system of registered capital is the most prominent highlight of the newly revised company law. According to the newly revised Company Law, except for laws, administrative regulations and the State Council's decision on the paid-in registered capital of the company, the provisions that the shareholders (promoters) of the company should pay in full within two years from the date of establishment of the company and the investment company can pay in full within five years have been cancelled; The provision that shareholders of a one-person limited liability company should pay their capital contribution in full at one time was cancelled. Shareholders (promoters) of the company independently agree on the amount, mode and duration of capital contribution, and record them in the articles of association. This reform is conducive to individual entrepreneurship, promoting the establishment of China's credit system and promoting the transformation of resource allocation methods.

Three, industrial and commercial registration needs to prepare the following items:

1. Application for company establishment registration signed by the legal representative of the company;

2. Articles of Association signed by all shareholders;

3. corporate shareholders qualification certificate or identity card of natural person shareholder and its copy;

4. Copies of appointment documents and ID cards of directors, supervisors and managers;

5. Certificate of designated representative or entrusted agent;

6. The agent's ID card and its copy;

7. Certificate of residence and use.

Note: The preparation of residential use certification materials can be divided into the following three situations:

(1) If it is your own property, you need a copy of the property ownership certificate and your own ID card;

(2) If renting a house, it is necessary to provide a copy of the real estate license signed by the landlord, a copy of the landlord's ID card, a lease contract signed and sealed by both parties, and a rent invoice;

(3) If you rent an office building in the name of the company, you need a copy of the real estate license sealed by the company, a copy of the company's business license, a lease contract signed and sealed by both parties, and a rent invoice.

Fraudulent use of business license will definitely have adverse effects in business operation, but we need to understand the specific problems by ourselves, because the case involves our own business behavior, and if it cannot be handled reasonably, it will lead to the seriousness of the problem, thus causing greater damage to the interests of the parties.

Legal basis:

Article 225 of the Criminal Code of People's Republic of China (PRC).

Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:

(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;

(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;

(four) other illegal business activities that seriously disrupt the market order.