中华人民共和国刑法修正案（附：中华人民共和国刑法〔1999年修正本〕）（二）

any assets as a guarantee for personal debts of a shareholder of its company or of another person, he shall be ordered to cancel the guarantee and shall be liable for compensation in accordance with the law; the gains derived from the illegal provision of guarantee shall belong to the company. If the circumstances are serious, the company shall impose a sanction upon him.

　　Article 215 Where a director or the manager violates the provisions of this Law by engaging for his own account or for another person in the same kind of business as his company is engaged in, the income derived therefrom shall belong to the company. In addition, the company may impose a sanction upon him.

　　Article 216 Where a company fails to make allocations to its statutory common reserve fund or statutory common welfare fund in accordance with this Law, the company shall be ordered to make up the amount that it is required to allocate and shall be imposed upon a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan.

　　Article 217 Where a company fails to issue a notice or make an announcement to its creditors according to this Law in case of merger, division, reduction of its registered capital or liquidation, it shall be ordered to make a rectification and be imposed upon a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan.

　　Where a company, in the process of its liquidation, conceals property, records false information in its balance sheet or inventory of assets or, distributes the company assets prior to the full payment of its debts, it shall be ordered to make a rectification and be imposed upon a fine of not less than one percent but not more than five percent of the amount concealed or of the amount distributed prior to the full payment of the debts of the company. The persons in charge who are directly responsible and others directly held responsible shall be imposed upon a fine of not less than RMB 10,000 yuan but not mroe than RMB 100,000 yuan.If a crime is constituted, criminal liabilities shall be investigated in accordance with the law.

　　Article 218 Where a liquidation committee fails to submit a liquidation report to the Company Registration Authority in accordance with the provisions of this Law, or where a report submitted conceals major facts or contains major omissions, it shall be ordered to make a rectification.

　　Where a member of the liquidation committee takes advantage of his position and power to practise favouritism for personal gains,seek illegal income or misappropriate the property of the company,he shall be ordered to return the property to the company,confiscated of his illegal gains and imposed upon a fine from one to five times the amount of his illegal gains. If a crime is constituted, criminal liabilities shall be inv

estigated in accordance with the law.

　　Article 219 Where an institution in charge of asset valuation,capital verification or certificate verification provides false documents of certification, the illegal income derived therefrom shall be confiscated and a fine from one to five times the amount of the illegal income shall be imposed; the relevant department in charge may order the institution to suspend its business and revoke the qualification certificates of those directly held responsible according to law. If a crime is constituted, criminal liabilities shall be investigated in accordance with the law.

　　Where an institution in charge of asset valuation, capital verification or certificate verification provides by negligence reports with major omissions, it shall be ordered to make a rectification; where the circumstances are serious, a fine from one to three times the amount of the income derived therefrom shall be imposed, and the relevant department in charge may order the institution to suspend its business and revoke the qualification certificates of those directly held responsible according to law.

　　Article 220 Where a relevant department in charge authorized by the State Council approves an application for the incorporation of a company or an application for the issue of shares that does not satisfy the conditions as stipulated in this Law, if the circumstances are serious, the persons in charge who are directly responsible and others directly held responsible shall be given administrative sanctions according to law. If a crime is constituted, criminal liabilities shall be investigated in accordance with the law.

　　Article 221 Where the department security administration under the State Council approves an application for the offer of shares,the listing of shares or the issue of bonds that does not satisfy the conditions as stipulated in this Law, if circumstances are serious, the persons in charge who are directly responsible and others directly held responsible shall be given administrative sanctions according to law. If a crime is constituted, criminal liabilities shall be investigated in accordance with the law.

　　Article 222 Where the Company Registration Authority approves an application for registration which does not meet the requirements as stipulated in this Law, if the circumstances are serious, the persons in charge directly held responsible and others directly held responsible shall be given administrative sanctions according to law. If a crime is constituted, criminal liabilities shall be investigated in accordance with the law.

　　Article 223 Where departments at a level higher than the Company Registration Authority force the Company Registration Authority to approve an application for registration which does not meet the requirements as stipulated in this Law or, covers up an illegal registration, the persons in charge who are directly responsible and others directly held responsible shall be given administrative sanctions according to law. If a crime is constituted, criminal liabilities shall be investigated in accordance with the law.

　　Article 224 Where a company that has not registered according to law as a limited liability company or a joint stock limited company assumes the name of "limited liability company" or "joint stock limited company", it shall be ordered to make a rectification or be banned, and a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan may be imposed. If a crime is constituted, criminal liabilities shall be investigated in accordance with the law.

　　Article 225 Where a company fails to commence its business without justification within the period of more than six months of its incorporation or, after commencing its business, suspends business at its own will for a period of six consecutive months or more, the Company Registration Authority shall revoke the company's business licence.

　　Where a company fails to apply for modification registration in accordance with the provisions of this Law whenever modification occurs in items of company registration, it shall be ordered to conduct modification registration within a specified time limit;and if the company still fails to register within the specified time limit, a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan shall be imposed.

　　Article 226 Where a foreign company, in violation of the provisions of this Law, establishes a branch within the territory of the People's Republic of China without authorization, it shall be ordered to make a rectification or to be closed down, and a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan may be imposed.

　　Article 227 Where a relevant department in charge performing examination and approval duties according to this Law refuses to approve an application which meets the statutory requirements or the Company Registration Authority refuses an application for registration which meets the statutory requirements, the party concerned may apply for reconsideration or institute an administrative lawsuit in accordance with the law.

　　Article 228 Where a company violating the provisions of this Law should assume civil liability for compensation and pay finesand penalties, and the company's property is insufficient to pay such compensation, fines and peralties, the company shall assume the civil liability for compensation first.

　　Chapter XI Supplementary Provisions

　　Article 229 Companies registered and incorporated in accordance with the law, administrative rules and regulations,local regulations or the Opinions on Standardization of Limited Liability Companies and the Opinions on Standardization of Joint Stock Limited Companies formulated by the relevant competent departments under the State Council prior to the implementation of this Law shall continue to be retained; companies which do not fully meet the requirements as stipulated in this Law shall meet all such requirements within a prescribed time limit. Specific measures for the implementation thereof shall be formulated separately by the State Council. To a joint stock limited company of new technological achievements,its proportion of registered capital covered by the fund of the appraised value of the investment of a sponsor in the form of industrial property and non-patented technology, and the conditions of issuing new shares by the company and applying to have its shares listed and traded shall be provided by the State Council otherwise.

　　Article 230 This Law shall enter into force as of July 1,1994

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