In recent years, the country has continuously optimized the business environment and effectively stimulated market vitality and creativity through a series of reform measures to relax market access. However, with the rapid growth of the number of market entities, the problem of false registration under false names has also emerged. If the legal representative or shareholders of a company are "swapped", it is likely to lead the company into legal disputes, causing serious damage to the company's operations, reputation, and market position. So, how should we deal with false registration? What should be noted in daily business management? In response, judges from the Beijing First Intermediate People's Court provided answers to relevant hot issues. Question: What is false registration? Answer: Simply put, false registration refers to someone using someone else's identity for business registration by forging signatures, providing false materials, and other means. This behavior may run through various stages of establishment, change, or cancellation, and common methods include stealing or forging identity documents, impersonating key personnel such as legal representatives, shareholders, or partners for registration and filing, and even directly "stealing" control of the company. At the same time, it may involve forging equity transfer agreements, shareholder meeting resolutions, and other documents. Q: Why does the problem of false registration occur? Answer: There are multiple reasons for the occurrence of false registration, including loopholes in legal supervision, inadequate enterprise management, and malicious behavior by some criminals. According to the Regulations on the Administration of Market Entity Registration, the applicant for registration shall be responsible for the authenticity, legality, and validity of the submitted materials, and the registration authority shall conduct a formal examination of the application materials. Although this review method improves registration efficiency, it also provides opportunities for criminals to take advantage of. For example, forging signatures, providing false materials, and other behaviors can easily pass the formal examination; Within the enterprise, many document signing processes are not standardized, and situations such as proxy signing and impersonation are common. In handling business registration, there are also a large number of cases where registration is handled by authorized agents, and the potential risks are ignored due to insufficient understanding of the legal consequences of false and impersonation registration. Some companies or individuals may use false registration to change the legal representative of the company to someone else in order to evade debt or legal responsibility, thereby avoiding legal accountability. Q: How to prevent and respond to false registration? Answer: From the perspective of market supervision, as the competent department for industrial and commercial registration, administrative agencies play a key role in preventing and solving the problem of false registration. In recent years, with the increase of false registration cases, the regulatory strength of market supervision departments has also been continuously strengthened. However, it is still necessary to strengthen the review of registration, especially in the review of key issues and materials related to legal representative and shareholder changes, which should be more cautious. Market regulatory authorities can further strengthen technical means by introducing biometric verification technologies such as facial recognition and fingerprint recognition in the registration process, ensuring the authenticity of the applicant's identity and guaranteeing the immutability and traceability of registration information; Establish an information sharing mechanism, collaborate with public security, taxation and other departments to achieve data exchange, identify abnormal registration behavior through big data analysis, timely detect false registration behavior, and carry out effective crackdowns through joint law enforcement; Regularly verify registered market entities and promptly correct any false registration behavior found; Combining measures such as information disclosure and credit punishment, we will improve the prevention and resolution mechanism for false name registration. From the perspective of enterprise management, the risk points of false registration often stem from internal management loopholes. For enterprises, the document signing process should be strictly standardized to ensure that the signing process of all business registration related documents (such as shareholder resolutions, company articles of association, appointment letters of legal representatives, etc.) is standardized and transparent, and to avoid proxy or unauthorized signing behavior. Regularly verify the company's business registration information to ensure the authenticity and accuracy of key personnel information such as legal representatives and shareholders. In addition, enterprises should establish a rapid response mechanism. Once the problem of false registration is discovered, they should promptly report the issue to the industrial and commercial registration authority, apply for correction or revocation of incorrect registration information, or protect their legitimate rights and interests through legal means. Q: How to solve the problem of false registration through litigation? Answer: According to relevant laws and regulations, the deadline for filing a lawsuit for industrial and commercial registration shall not exceed one year from the date when citizens, legal persons or other organizations know or should know the contents of the industrial and commercial registration; Meanwhile, the period from the date of business registration shall not exceed five years. It should be noted that these two deadlines are parallel, and no matter when the parties become aware of the registration, as long as it exceeds five years, the court will no longer accept it. Therefore, enterprises should regularly verify their business registration information to ensure the authenticity and accuracy of key personnel information such as legal representatives and shareholders. In a large number of false registration cases, not only do they involve industrial and commercial registration, but there are also civil disputes related to enterprise operation, and the situation of cross citizen interaction is quite common. The people's court may determine the authenticity of the application materials for industry and commerce in administrative litigation based on valid evidence. However, for civil disputes involving issues beyond the authenticity of the application materials, such as the convening of the shareholders' meeting, the procedures for convening the meeting, and the legality and validity of the resolution content, they should be resolved through civil litigation and other means, and then further determine the legality of the administrative act of industry and commerce registration based on the civil determination results. If the business registration authority is at fault during the review process, the enterprise may file an administrative lawsuit to request the revocation of the erroneous registration behavior; If false registration involves infringement by internal personnel such as legal representatives and shareholders, the enterprise can pursue legal responsibility for the relevant personnel through civil litigation and demand compensation for losses; For serious cases of false registration, if it constitutes a criminal offense, criminal responsibility should also be pursued in accordance with the law. (New Society)