Proposal To Abolish The Crime Of False Registration Of Registered Capital

In October 25, 2013, the Executive Council of the State Council deployed and promoted the company. registered capital The reform of the registration system has made clear the contents of five specific reforms, among which two are important: first, relax the conditions for registration of registered capital. In addition to the provisions of laws and regulations, the restriction on the minimum registered capital of a limited liability company is 30 thousand yuan, the minimum registered capital of a one person limited liability company is 100 thousand yuan, and the minimum registered capital of the Limited by Share Ltd is 5 million yuan.

No longer limiting the initial contribution ratio of shareholders (promoters) when the company is established. Fully funded The deadline. The company's paid up capital is no longer a matter of industrial and commercial registration; the two is to promote the registration of capital from paid registration system to subscription registration system, and reduce the cost of starting a company. Its core is to reduce the cost of start-up, facilitate the establishment of companies, and simplify the establishment procedures.

"This will help reduce. Enterprise registration Threshold is conducive to stimulating the vitality of social investment. In a written speech delivered by the National Federation of industry and commerce at the two sessions this year, it is pointed out that the crime of false registration of capital, the crime of false capital contribution and the crime of escaping from capital in China's current criminal law have obviously lagged behind, which has restricted the vitality of the market economy and is not suited to the new situation and new requirements of the development of the socialist market economy.

The statutory capital system is the institutional foundation for the falsely reporting the crime of registered capital, the crime of false capital contribution and the crime of escaping from capital. On December 28, 2013, the sixth session of the Standing Committee of the Twelfth National People's Congress deliberated and adopted the decision to amend the company law, changed the registered capital registration system to the subscription registration system, relaxed the conditions for registration of registered capital, simplified the registration items and registration documents. In this way, we have abolished the statutory capital system from legislation. The written statement holds that the institutional foundation for the above accusations is no longer there.

At the same time, "universal crime" and "selective law enforcement" exist in large numbers. The National Federation of industry and Commerce pointed out that due to the high cost of registration, it is common for enterprises to falsification of registered capital in the registration process. Because of the openness of registered agents in making false registration of capital and so on, judicial practice is facing the embarrassment of "universal crime" and "selective enforcement". "Every place has taken different approaches in disposing such acts. If it goes on like this, it will weaken the authority of the law and the unity of the judiciary."

To this end, the National Federation of industry and Commerce recommends abolishing the 158th articles of the criminal law concerning the crime of false registration of registered capital, and 159th provisions concerning the crime of false capital contribution and the crime of escaping from capital.