On Corrections System Of Company Registration

Overall, the company registration system in China in publicity companyinformation, to maintain trading order, safety and convenience, the achievement ofnational economic regulation has made some achievements, but there are also somemuch-needed improvements. In the practice of company registration, companyregistration flaws, the wrong situation not uncommon, and frequently taken across theboard to revoke the registration and the company is in a dilemma of personality wasdenied. Defects for company registration, the error increasing number of the statusquo, to maintain the concept of consideration based on the enterprise, the legislativeand institutional cases of foreign countries and Taiwan, China company registrationcorrection in China’s mainland to build a company registration is necessary to correctthe system. Company registration to correct the defects in the company’s registration,the error be corrected. Flaws in the company registration can be divided intosubstantive flaws and procedural flaws, and substantive flaws, including thecompany’s capital defects, defects of the shareholders of the Company and the Articlesof Association defects; procedural defects include procedural flaws caused by the faultof the applicant for company registration, The company registration authority,dereliction of duty caused by procedural flaws and the company registration ofAuxiliary error caused by procedural flaws. Start the registration of the company tocorrect the applicant’s application either in accordance with company registration;according to the terms of reference of the company registration authority and start.Application, the applicant of eligibility for the company, shareholders and tradingpartners, the company is only natural that the applicant, shareholders and transactionsrelative to eligibility the applicant should be whether the registration of defects, errorsa direct interest in the relationship. Ex depending on the particular circumstances ofthe company registration authority to correct or notify the applicant to apply for acorrection, but also the court’s ruling according to law for the registration of thecompany corrected. In order to truly realize the purpose of correction by the companyregistration, company registration correction shall provide for a reasonable period oftime, in addition to textual errors and procedural flaws, should be corrected notice. Inorder to further improve the system for company registration and correction, should bea clear violation of the corrections liability company registration, company registration to correct the applicant in violation of the registration of the company tocorrect the provisions of legal responsibility (program on civil liability and civilliability on the entity); the company registration authority liability (including violationof the registration of the company to correct provisions of the company may apply foradministrative reconsideration, the company registration authority shall bear theliability and corporate civil liability to the third party of the transaction); companyregistration corrections auxiliary bear the corresponding liability.