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September 1

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Started 10 years ago by ikahpu65508

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ikahpu65508
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Trade and Industry Bureau of the door can eventually open cotton to Cui, the lawsuit will give the answer. September 1, 2009, 36-year-old citizen of Shijiazhuang, Hebei Province, Shijiazhuang Cui cotton v. City Administration (the "AIC") information disclosure case, in Shijiazhuang Shiqiao Western People's Court. The main claims Cui cotton is to require the Defendant to the plaintiff disclosed Shijiazhuang Campbell trade limited liability company (the "Campbell Company") is the business registration file. Since the implementation of the "Regulations on Open Government Information" on May 1 last year, the people and the business sector is still relatively small in court cases. "Under normal circumstances, the company registration files query is a very simple thing, does not form a lawsuit. May make such a simple thing, for me to speak, than the prohibitively difficult." Cui said Cotton. Case attracted a lot of media attention. "Interview this case, I was holding a double mind: As a reporter, this is my job; but as a people, and maybe one day this thing will fall on his head, so I especially want to know, help Commerce and Industry this road, whether it can go through? "A colleague says. Equity daughter to inherit his father sued AIC Cotton things from Cui's father died suddenly talking about the king of broken plate. Wang broken plate lifetime is the main founder of the Campbell company's chairman, the company. Cotton, Cui said, Campbell was founded in 1994, "From its inception, more than a decade, his father has served as chairman of the company. The company is mainly operating in him a man manage." Cui Cotton also told reporters that Campbell Company size, including his father included, only a few people. It had established the most immediate purpose is that it is based on the establishment of a joint venture. October 1995, a joint venture in Hebei Jinhua Parking Integrated Service Center (referred to as "Jinhua Center") is set up to do so, Campbell companies accounted for 75% of the shares, foreign investors accounted for 25% of the shares. As a representative of the largest shareholder, Wang Jinhua broken disk center served as chairman until his death. Over the years, the company is growing, the king of broken plate of flourishing career. Cotton, Cui said, only one in Jinhua center built building, on the value of several million dollars. However, a bolt. August 8, 2008, the king broken disk had a heart attack and sudden death. August 17, a man after a funeral home from his father back to Shijiazhuang, surprised to find that the business license Jinhua center had been changed in early August 14 in the business sector, the chairman changed hands. The original lock the office in his father's closet all files are gone. "My father is Campbell's founder, holds 80% stake in the company, the other two shareholders did not actually invested, the father sent dry stock." Cui said Cotton,http://sokeizai.or.jp, Campbell Jinhua center company holds a 75% stake, and according to statute Jinhua, chairman of Jinhua center, to be appointed by the Campbell company. So, inherited his father's stake in Campbell, for their brothers and sisters and his mother a few people, which means a huge economic benefit, "inherited his father shares, perfectly justified,http://www.shop-colour.net, compliance with the law. Lawyers rough estimate, it may be hundreds of one hundred million yuan." However, other shareholders Campbell company, but denied that the king broken disk owned stock company. How can I prove stake in Campbell's father? His father died, the company can not get from Campbell evidence,http://store.shopping.yahoo.co.jp/waiwai/glx-5600.html, then, think Cui cotton industry and commerce bureau, "as long as the original registration archives still, look at, not to clear it?" October 15, 2008, Cui cotton to make inquiries in Shijiazhuang City of Industry, Campbell Company dossier application was rejected, but on November 3, Shijiazhuang City of Industry, the council authorized a subsidiary company registered branch in "Equity Description "he said," Campbell company "business archive" Not Found. " June 29, 2009,woolrich outlet, another heir Wang Zhongxin based on "open government information regulations" apply again, still unsuccessful. Thus, a focus on government information disclosure administrative proceedings,moncler pas cher, it has been inevitable. Revoked enterprise information whether the scope of information disclosure? May 2009, Cui cotton by telephone to participate in the Peking public research and support center for assistance. The center has been committed to promoting the disclosure of government information. Director of the Centre, Peking University Law School Professor Wang Xixin think Cui cotton encounter is typical, she decided to implement legal aid. "It is their aid, let me under the court's determination." Cui said Cotton. Public Participation Center North delegated Liyi Xu lawyer, Wu Xin Dong Cui cotton researcher as an agent. Trial Sept. 1, the two agents demonstrated matters from various angles Cui cotton application, it should belong to the Trade and Industry Bureau disclosure. Trade and Industry Bureau and private behavior information, attributed to "three sins": violation of the "Company Law" Article VI, Article 57 "Company Registration Regulations," Article XIII "Open Government Information" Article 26 and other provisions of law. In the statement of defense and September 1 hearing, Shijiazhuang City of Industry also made a number of reply comments. Focus around these issues, the two sides heated debate. The first one focus: being revoked business information, whether the scope of disclosure of government information? Industrial and Commercial Bureau,http://home.att.ne.jp/wind/pal9000/cgi-bin/yybbs.cgi, since the companies did not participate in the 2001 inspection, Campbell's company was December 12, 2002 was revoked the business license according to law, but so far did not apply for cancellation of registration. For business license revoked corporate archives, Trade and Industry, responsible for business registration business registration bureau usually die profile processing, the system no other information. The plaintiffs argued that "Company Law" Article VI "Company Registration Regulations" Article 57 did not preclude revoked the company's inquiry. According to the "Company Registration Regulations", the company's registered items including the establishment registration, change registration, cancellation of registration. In other words, even if the company was canceled, and the public have the right to query. "Imagine, if a business has been revoked, it also continues to operate as counterpart of their transactions, how do you know this information? Obviously only be known through the industry and commerce registration inquiry. If this situation does not belong to the scope of the query, then registered public significance? How transaction security social security? "Wu Xin Dong said. To "dead file" argument, the plaintiffs asked the two agents of a series: "The defendant said that this situation does not belong to the scope of the disclosure, grounds for revocation of the company, its registered branch usually handled as files which can not be disclosed dead. reasons and basis for it? As a die profile processing What does this mean? What is the relationship between public and archives? What is the legal basis for registration branch is doing? " File can not lose public? This is the second focus of controversy. Industrial and Commercial Bureau, last year, the council business registration bureau Relocation, clean up after found similar enterprise archive section include companies, including the loss of Campbell, has been unable to open. Two agents plaintiff argued that the defendant as the industrial and commercial administrative authorities shall bear the corporation registration file management tasks. "Corporate registration records management approach" Article X: "During the corporate business activities, must keep their registration files," "corporate write-off after its archives in accordance with the regulations before the transfer of archives should be in the region of the organ properly preserved, and regular security checks, non-personal unauthorized destruction. "They thus believe:." The defendant fault of their work as a reason not disclosed, and no sense of administrative and provide services to the public in accordance with law. " Two agents also suggested that the company has an electronic registration files, but also papery, its management and transfer has rigorous procedures, how could easily be lost? "No two are lost, right? It is quite a coincidence! We do not recognize this fact file is missing." Campbell Company Profile really lost it? Cui cotton which has been the biggest question its agents. November 3, 2008 under the Registered Trade and Industry Bureau Branch plaintiff who issued "on the Shijiazhuang City Trading Co., Ltd. shares Campbell explained," indicating that the registration is: Campbell Company registered capital of 500,000 yuan, the shareholders of three people, The legal representative Wang broken plate invested 400,000 yuan, accounting for 80% of the shares,http://www.zzlsny.com/Forum/Default.aspx?g=posts&t=1242743, and the remaining two shareholders each invested 50,000 yuan, 10% stake each. About this explanation, the Department of Trade and Industry Bureau said that "the staff of enterprises registered by understanding the relevant branch of the People" to get, but the plaintiff's agent believes that: "If the file can not be found Campbell's,moncler outlet milano, the defendant can not remember Campbell's specific Ownership Structure. We do not believe there is such an exception staff memories, so-called Campbell Company Profile is not found, completely lying. " Provide proof, Cui cotton inquire whether the purpose has been achieved? This is the third focus of controversy. AIC believes that a company registered branch of Cui cotton provided "About Shijiazhuang City Jinbao Trade Co., Ltd. shares that" proved Campbell's corporate registration information, has reached the purpose of her inquiry. Reporters have asked this question Cui cotton: "? This note, it is not enough for a lawsuit," she told reporters, confirmed that equity should be based on the articles of association, funded a series of documents to prove only that a statement may not be to get legal support. This is her determined to fight the administrative lawsuit, be sure to get all the information about the reasons for company registration. The plaintiff's agent also believes that some of the details need to set up a company Cui cotton, the situation as established during the shareholders,louboutin femme, articles of association, capital verification report, changes in shareholders, the company was revoked and so, rather than a piece of paper a simple "explanation" . "If this is the information disclosed, he does not meet the disclosure requirements of the plaintiff." Liyi Xu said the lawyer. Only for formality examination, it can become a reason not to open? This is the final focus of controversy. Industry and Commerce Bureau,http://barrel.ih.otaru-uc.ac.jp, as the registration authority,http://www.huabanlei.com/home.php?mod=space&uid=10134&do=blog&quickforward=1&id=19078, Trade and Industry Bureau to apply for registration in accordance with market players applicants. According to relevant laws and regulations, as long as the applicant to submit the application materials are complete and meet the statutory form, that is to be approved by the Trade and Industry Bureau registered. In other words, the business sector on the applicant's application materials mainly in the form of review, without making substantive examination. Business registration information, not the plaintiff need only confirm the evidence of equity. Regardless of whether Campbell's registration files to find, and even Campbell company hands every shareholder should have the company registration related material, such as funding agreements, funding proof, shareholders, articles of association and so on, even if the record industry and commerce enterprise archives view less, The plaintiff still other documents, data, documents, etc., get information about the real situation of the company. The plaintiff can through other ways to protect their legal rights. Plaintiff agents conducted a rebuttal. In their view, Cui cotton requires only publicly accused Campbell's registration files, as is the formal examination or substantive examination, there is no relation with the case. "We want to emphasize that the company's registration files for Campbell v. The right of ownership is indeed brought her, is not only necessary, but also the only evidence because her successor as a shareholder, did not participate in the company's management, do not understand the company's specific circumstances, all relevant information by other shareholders of the company are hiding. " Cotton Cui told reporters, her family and other shareholders Campbell recognized corporate litigation on equity, is Shijiazhuang Xinhua District Court of First Instance, has opened a patio. "I'm eager to get more evidence through this administrative lawsuit, such as the articles of association, capital verification reports, it would confirm the case of equity at a glance." As of press time, the case has not yet sentenced. For this case, the newspaper will continue to focus on. Regulations Archives: "Company Law" Article 6 The establishment company, shall apply to the company registration authority for registration of establishment. In line with the establishment of the conditions stipulated in this Law, the company registration authority shall register as a limited liability company or a joint stock; the establishment does not meet the conditions prescribed in this Law shall not be registered as a limited liability company or a joint stock. Laws and administrative regulations must be reported to the approval of the establishment of the company,moncler outlet milano, it shall apply for approval in accordance with the law before company registration. The public inquiry to the company registration authority for company registration matters, the company registration authority shall provide consulting services. "Company Registration Regulations" Article 57 company registration company registration authority shall record the registration on the company registration book for the public to check and copy,http://www.middleeast.org. "Open Government Information" Article 13 Unless Article 9, 10, 11, Article XII of the executive government information provided voluntarily disclosed, the citizens, legal persons or other organizations may also be based on their production and living, research and other special needs, to the State Council departments and local people's governments above the county level people's government departments for access to relevant government information. Article 26 Where the administrative authority to apply the disclosure of government information should be provided in accordance with the form required by the applicant; the applicant can not be in accordance with the requirements provided in the form, you can access relevant information by arranging the applicant to provide copies or other appropriate form . & Nbsp; & nbsp; & nbsp; & nbsp; & nbsp; Sina exclusive manuscript statement: This work (text, images, graphics and audio and video) for Sina, unauthorized, and any media or individual is allowed in whole or in part. 

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