2024.0331

Number of words in this article:1595, reading time is about 3 minutes

introduction： 完善企业信用管理有两个重要方面，一是加强对企业信用的监管和惩戒，二是让企业信用有一个修复的机会和渠道，不是一棍子打死，要起到帮扶的作用。

** Author| ** Yicai commentator

The revised "Interim Regulations on Enterprise Information Disclosure"(hereinafter referred to as the "Interim Regulations") will come into effect on May 1. One of the revised contents is to establish a corporate credit repair system.

The "Interim Regulations" were first implemented in October 2014. With the continuous development of China's economy and society, these regulations have encountered some problems that are not adapted to the development and changes of the situation and are difficult to meet the actual needs of the current credit system construction and credit supervision. Therefore, corresponding changes have been made.

At the regular policy briefing held recently by the State Council, the relevant person in charge of the Ministry of Justice introduced the contents of establishing a corporate credit repair system, including:Encourage enterprises to proactively correct illegal and untrustworthy behaviors, eliminate adverse effects, and apply for cancellation of untrustworthy records in accordance with the law.

Credit is the cornerstone of the market economy and the foundation for the survival and development of enterprises. There are two important aspects to improving corporate credit management. One is to strengthen supervision and punishment of corporate credit. The other is to give corporate credit an opportunity and channel to repair. It is not a stick to death, but a helping role. Both aspects are reflected in the Interim Regulations.

First, let's look at strengthening supervision and punishment.

The "Interim Regulations" empower law enforcement personnel with administrative inspection means, stipulating that market supervision departments can investigate and deal with illegal activities, and can take measures such as on-site inspections, consulting materials, understanding the situation, and querying accounts to strengthen supervision during and after the event.

In addition to clarifying the corresponding legal responsibilities for enterprises 'public information concealing the truth and practicing fraud, it is also clearly stipulated that the legal representatives and responsible persons of enterprises included in the list of seriously violating enterprises shall not serve as legal representatives of other enterprises within 3 years. Representative and person in charge. This is a new regulation. If fines are small, they will have a greater impact on the deprivation of qualifications and have a stronger deterrent effect.

Secondly, let's look at the repair of the corporate credit system.

Disciplinary measures for breach of trust and corporate error correction mechanisms are two sides of the same coin. The goal of disciplinary measures for breach of trust is not to permanently nail the dishonest subject to the pillar of shame, but to give him the opportunity to correct his mistakes and turn over a new leaf, especially for breach of trust. For enterprises whose subjective malice is not serious.

Corporate credit is no small matter. Once it is included in the list of dishonesty, it will have a great impact on enterprises and individuals. We must cherish corporate credit as we protect our own eyes.

Information at the above-mentioned policy routine briefing shows that last year, more than 24 million business entities obtained licenses or repaired credit through commitments; more than 22 million business entities achieved credit repairs, and their bidding, investment and financing were lifted in accordance with the law. Restrictions on awarding honorary titles, etc.

Such a large number and such a fast repair speed show from one aspect that the breach of trust by many business entities is often some inadvertent "trivial matter", such as the business entity moving its address but failing to make the address change to the relevant department in a timely manner. Some business entities lack great importance to credit and touch the red line in a moment of negligence.

Therefore, untrustworthy entities must make full and efficient use of credit repair channels. A special article has been added to the Interim Regulations:Encourage enterprises to proactively correct illegal and untrustworthy behaviors, eliminate adverse effects, and apply for the repair of untrustworthy records in accordance with the law. If a government department removes relevant management measures and repairs records of breach of trust in accordance with the law, it shall promptly share the above information with relevant departments.

The revision of the Interim Regulations can further standardize corporate information disclosure behavior and create an honest and trustworthy market environment from the perspective of stimulating corporate vitality and ensuring transaction security. So, can we keep pace with the times and better solve the practical difficulties encountered by enterprises?

For example, it is a stubborn problem for large enterprises to use their advantageous position to default on accounts to small and medium-sized enterprises. In the process of corporate credit management, can such large enterprises that fail to disclose true information in accordance with the law be included in the list of violations?

This is based on laws and regulations. According to the "Regulations on Guaranteeing Payments for Small and Medium-sized Enterprises" that came into effect in September 2020, if a large enterprise violates the regulations and fails to disclose information on overdue payments to small and medium-sized enterprises in its annual report, or conceals the true situation or engages in fraud, the market supervision and management department shall handle it in accordance with the law.

If the Interim Regulations are effectively connected with the Regulations on Guaranteeing Payments for Small and Medium-sized Enterprises, service functions can be enhanced in addition to governance functions.

In short, the relevant provisions of the Interim Regulations have strengthened the rigid constraints of the enterprise information disclosure system, which is of important and far-reaching significance for further exerting the function and value of the enterprise information disclosure system, maintaining transaction security, purifying the social credit environment, and optimizing the business environment. While it is important to strengthen supervision and punishment in credit management and further improve the construction of laws and regulations, what is more important is for enterprises to strengthen self-discipline and provide penalties and rewards to maximize the incentive effect of credit. The Interim Regulations require the establishment of a corporate credit repair system that reflects these aspects.

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