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全国人民代表大会常务委员会关于惩治违反公司法的犯罪的决定 DECISION ON THE PUNISHMENT OF CRIMES VIOLATING THE COMPANY LAW

2006-05-16 16:20   我要纠错 | 打印 | 收藏 | | |

(Adopted at the 12th Meeting of the Standing Committee of the Eighth National People's Congress on February 28, 1995 and promulgated by Order No. 41 of the President of the People's Republic of China on February 28, 1995) (Editor's Note: This Decision has been invalidated by the Criminal Law of the People's Republic of China revised at the Fifth Session of the Eighth National People's Congress on March 14, 1997, and effective on October 1, 1997)
时效性:失效  颁布日期:19950228  实施日期:19950228  失效日期:19971001  颁布单位:全国人大常委会

  With a view to safeguarding social and economic order, protecting the legitimate interests of companies and punishing criminal behavior violating the Company Law, the following additional regulations shall be made with regard to the Criminal Law:

  1. Where an individual applying for company registration falsely reports his registered capital by using falsified documents of certification or resorting to other fraudulent means to deceive the company registration authority, if he registers the company through these means, and if the amount of registered capital falsely reported is large, or if the consequences or other circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may concurrently be fined an amount of not more than ten percent of the registered capital falsely reported.

  Where an organization commits the crime mentioned in the preceding paragraph, it shall be sentenced to a fine of not more than ten percent of the registered capital falsely reported, and the personnel in charge directly responsible or other personnel directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention according to the provisions in the preceding paragraph.

  2. Where a promoter or a shareholder, in violation of the Company Law, makes a false capital contribution by failing to pay the promised cash or tangible assets or failing to transfer property rights, or surreptitiously withdraws his capital contribution after the company has been founded, if the amount involved is large, or if the consequences or other circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may concurrently be fined an amount of not more than ten percent of the false capital contribution or the capital contribution withdrawn surreptitiously.

  Where an organization commits the crime mentioned in the preceding paragraph, it shall be sentenced to a fine of not more than ten percent of the false capital contribution or the capital contribution withdrawn surreptitiously, and the personnel in charge directly responsible or other personnel directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention according to the provisions in the preceding paragraph.

  3. Where an individual produces false prospectuses concerning share offers, false subscription forms for shares, or false methods of offer of company bonds, to issue shares or company bonds, if the amount involved is large, or if the consequences or other circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may concurrently be fined an amount of not more than five percent of the funds illegally raised.

  Where an organization commits the crime mentioned in the preceding paragraph, it shall be sentenced to a fine of not more than five percent of the capital illegally raised, and the personnel in charge directly responsible or other personnel directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention according to the provisions in the preceding paragraph.

  4. Where a company submits to the shareholders and the general public false financial or accounting reports or reports which conceal important facts, thereby greatly harming the interests of the shareholders or others, the personnel in charge directly responsible or other personnel directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may concurrently be fined an amount of not more than 200,000 yuan.

  5. Where a company, in the course of its liquidation, conceals property or records false information in its balance sheets or its inventory of assets, or distributes the company assets prior to the full payment of its debts, thereby greatly harming the interests of its creditors or others, the personnel in charge directly responsible or other personnel directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may concurrently be fined an amount of not more than 200,000 yuan.

  6. Where the personnel in charge of asset valuation, capital verification, certificate verification or auditing intentionally provides false documents of certification, if the circumstances are serious, the offenders shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may concurrently be fined an amount of not more than 200,000 yuan.

  Where an organisation commits the crime mentioned in the preceding paragraph, it shall be sentenced to a fine of not more than five times the amount of its illegal gains and the personnel in charge directly responsible and other personnel directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention according to the provisions in the preceding paragraph.

  7. Where shares or company bonds are issued without the approval of the relevant department responsible for this as stipulated by the Company Law, if the amount involved is large, or if the consequences or other circumstances areserious, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may concurrently be fined an amount of not more than five percent of the funds illegally raised.

  Where an organisation commits the crime mentioned in the preceding paragraph, it shall be sentenced to a fine of not more than five percent of the funds illegally raised and the personnel in charge directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention according to the provisions in the preceding paragraph.

  8. State personnel of the relevant departments responsible who approve applications for the establishment or registration of companies, or applications for the issue or listing of shares or company bonds that do not meet the requirements as stipulated by law, and have thereby caused major losses to public property or to the interests of the State and the people, shall be punished in accordance with the provisions of Article 187 of the Criminal Law.

  Where a more senior department forces the registration authority and its personnel to commit the acts described in the preceding paragraph, the personnel in charge of the former directly responsible shall be punished according to the provisions in the preceding paragraph.

  9. Where a director, a supervisor or an employee of a company takes advantage of his position to extort or accept bribes, if the amount involved is relatively large, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is very large, the offender shall be sentenced to fixed-term imprisonment of not less than five years and may concurrently have his property confiscated. 10. Where a director, a supervisor or an employee of a company takes advantage of his position or his occupation to misappropriate the company property, if the amount involved is relatively large, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is very large, the offender shall be sentenced to fixed-term imprisonment of not less than five years, and may concurrently have his property confiscated.

  11. Where a director, a supervisor or an employee of a company takes advantage of his position to divert company funds for his own usage or to lend company funds to another person, if the amount involved is relatively large and has not been returned after three months, or if although the amount has been returned within three months but the amount involved is relatively large and was used for seeking profits or conducting illegal activities, the offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the amount involved is relatively large and has not been returned, the offender shall be punished for the misappropriation of property as stipulated in Article 10 of this Decision.

  12. State personnel who commit the crimes provided in Articles 9, 10 or 11 of this Decision shall be punished in accordance with the Supplementary Provisions Concerning the Punishment of the Crimes of Embezzlement and Bribery.

  13. If there are any illegal gains derived from the crimes stipulated in this Decision, these shall be confiscated.

  Where an offender who commits a crime as stipulated in this Decision is simultaneously sentenced to the confiscation of illegal gains, the payment of a fine, the confiscation of property and the assumption of the responsibility to provide civil compensation, if the offender's property is not sufficient to allow full payment, then civil compensation shall be satisfied first.

  14. This Decision shall apply to employees of enterprises other than limited liability companies and companies limited by shares who commit the crimes stipulated in Articles 9, 10 or 11 of this Decision.

  15. This Decision shall come into effect as of the date of promulgation.

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