Legal advice: the company beyond the scope of license undocumented engaged in project management how to deal with

Legal advice: the company beyond the scope of license undocumented engaged in project management and how to deal with

Huang Pulin

The problem:

If a company or a branch of the scope of business shall obtain a license to operate the project, you can use "unlicensed and banned procedures" to investigate and deal with it, or should use the "company law" article 212nd: the company changes its registered items, not in accordance with the regulations for the change of registration, the company registration authority shall order registration within a prescribed time limit; if it fails to register, ranging from ten thousand yuan to one hundred thousand yuan shall be imposed. Excuse me what regulations should apply, should be the "company law" than "unlicensed and banned procedures", but in many cases as for company use "unlicensed and banned procedures"??

Personal views:

"Company law" 212nd article about the company or the company did not apply for alteration registration according to the provisions of the regulations, and "unlicensed and banned procedures" article fourth (five), the first paragraph of article fourteenth, belongs to the law overlapping, there is no special law and general law between each other, also does not apply "the method is higher than that of the law" the legal rules. That is to say, about the company or branch in the scope shall be made without prior approval of the licensing business projects, can be used "unlicensed and banned procedures" the first paragraph of article fourteenth investigation -- of course, if engaged in Internet service and other special laws and administrative rules and regulations have special provisions from the provisions of, or as "unlicensed and banned procedures" in the second paragraph fourteenth of this special laws and administrative rules and regulations.

The State Administration for Industry and commerce, the Ministry of Commerce, General Administration of customs, the State Administration of foreign exchange in 2006 4 to business and foreign word [2006]81 documents issued by the examination and approval of foreign investment "on the administration of company registration some issues concerning the application of law enforcement." twenty-seventh, also made clear the principle: "twenty-seven, a foreign-funded company beyond the approved and registered business scope" directory ", engaging in the guidance of foreign investment industries encouraged, permitted items in business activities, the company registration authority applicable regulations" punishment "company registration administration seventy-third.Foreign investment company beyond the approved and registered business scope, engaging in "catalog of guidance of foreign investment industries" restricted, prohibited category of business activities, the company registration authority can be identified as' beyond the approved and registered business scope, engaging in illegal acts' shall obtain permits or other document of approval to engage in business activities, applies "unlicensed and banned procedures" be punished. Constitute a crime, shall be investigated for criminal responsibility according to law."

2010/7/24