Research On The Content System Of Limited Company Registration Information Publicity In China

The reform of China's commercial registration system,has experienced the reform and practice in pilot areas,the revision of relevant laws and regulations such as the Company Law of the People's Republic of China(hereinafter referred to as the Company Law)and the Regulations on the Administration of Company Registration,and the relevant institutions issued as the Provisional Regulations on Public Notice of Corporate Information(hereinafter referred to as the Regulations on Public Notice of Information),the Interim Measures for the Random Inspection of Public Disclosure of Information by Enterprises,and the Interim Measures for the Administration of the Lists of Enterprises with Abnormal Operations(hereinafter referred to as the Measures for the Administration of the Lists).After years of market operation management,it has gradually formed a new market management system suitable for China's economic development.A series of laws,regulations and policy adjustments have gradually lowered the market access threshold of limited companies.Limited companies have become the main component of the market players,and the content and scope of their registration information publicity have greatly affected the development of the market.Especially the issue of the Regulations on Public Notice of Information has greatly improved the information transmission of enterprises in the market and effectively reduced the risk of market transactions or investment.From Article 6 to 10 of the Regulations on Public Notice of Information,there are explicit provisions on the contents of the public notices of limited companies,including the basic information of enterprise registration,equity pledge,chattel mortgage,administrative license and administrative penalty information that must be publicized by the administrative department for industry and commerce and other government departments.The contact information,the status of the enterprise,theinformation related to the subscribed and paid-up capital contribution of the shareholders,the contents related to the website and network operation of the enterprise,the assets and liabilities of the enterprise,the profit information and the tax payment information of the enterprise publicized by the enterprise through the annual report;And the subscribed capital contribution and the paid-in capital contribution,the administrative license status and other information published by the enterprise within a specified time after the formation of the enterprise information..In the new version of Company Law and the Regulations on the Administration of Company,there are explicit provisions on matters other than the above,such as the change of the company's name,domicile,increase or decrease of registered capital,change of business scope,etc.These provisions have improved the information transparency of market entities.However,in consideration of the fact that some enterprise information involves trade secrets,therefore,the Regulations on Public Notice of Information stipulates that items 1 to 6 of Article 9 must be publicized,and whether the item 7 should be publicized at the enterprise's choice.From the practical situation,there are still many problems in the registration information publicity system of limited companies.First of all,in terms of content of the public,the part of the content that must be publicized as stipulated in the Regulations on Public Notice of Information is in good condition.However,for the part that enterprises choose to publicize voluntarily,the relevant information can hardly be found in the national credit information publicity system or other publicity platforms.This status of information publicity has a negative impact on other market entities' understanding of enterprise credit and the protection of creditors' interests.The second,the content of necessary information publicity of limited company is insufficient.Although there are many provisions in the Regulations on Public Notice of Information that stipulate the information content disclosed by limited liability companies,but the enterprise credit information that can be obtained from it is still limited,which cannot meet the needs of market transactions for understanding the enterprise credit status.The third,the lack of effective supervision of information disclosure of limited companies.The fourth,limited companies do not guarantee the authenticity of information in the publicity.In order to ensure the authenticity of public information,there are some defects in the system of public information spotcheck.In order to solve these problems,this article starts with the Regulations on Public Notice of Information,compares the contents of registration and publicity of limited companies in the new version Company Law and the Regulations on the Administration of Company,analyzes the problems existing in China's limited company registration information disclosure content system,and make suggestions from the dominant idea to specific content in view of the problems our country limited company registration information disclosure content system,optimize the supporting management system,establish an effective support system as soon as possible,constraint limited company management,form a good market competition environment,protect the security of transactions effectively.