As the clock ticks down to the annual report submission deadline, companies are reminded of the critical importance of compliance. With just 81 days left, understanding the consequences of non-submission and the procedural requirements is paramount for all businesses aiming to maintain their standing and avoid legal pitfalls. This guide provides a comprehensive overview of what is at stake, the steps for submission, and the common mistakes to avoid, ensuring your company remains on the right side of regulation.
Consequences of Not Submitting Annual Reports
1. Fines and Blacklisting
Companies have from January 1st to June 30th to submit their annual reports for the previous year. With only 81 days left until the deadline, those who fail to comply will be listed on the business anomaly list (blacklist) and disclosed to the public.
Furthermore, according to the Detailed Rules for the Implementation of the Regulation on the Registration and Administration of Market Entities, non-compliant businesses may face fines up to RMB 10,000.
The Interim Regulations on Enterprise Information Disclosure states that blacklisted or seriously violating companies will face restrictions or bans in government procurement, project bidding, state-owned land transfers, and receiving honors.
2. Business License Revocation
Companies failing to submit annual reports for two consecutive years and unreachable through their registered addresses will have their business licenses revoked by market supervision authorities at the county level or above.
3. Inability to Make Changes
Non-compliant companies cannot make changes to their address, shareholders, or business scope.
Failure to submit the annual report on time can lead to civil compensation for losses caused to others and, in severe cases, criminal penalties for responsible individuals.
2024 Annual Report Submission Guidelines
Entities that received business licenses before December 31, 2023, including corporate legal entities, non-legal entities, foreign enterprises operating in China, agricultural cooperatives, and individual businesses, must submit their 2023 annual reports between January 1 and June 30, 2024, through the national enterprise credit information public disclosure system.
The submission of the 2023 annual reports is currently underway; it is advisable to complete your submission by the end of April to avoid system delays due to high traffic in May and June.
1. Entities Required to Disclose Annual Reports
All entities licensed before December 31, 2023, including companies, agricultural cooperatives, individual businesses, and permanent representative offices of foreign enterprises, are required to disclose their annual reports within the specified timeframe.
2. Annual Report Disclosure Period
For companies, cooperatives, and individual businesses, the report period is from January 1 to June 30, 2024. For foreign enterprise representative offices, it is from March 1 to June 30, 2024.
3. Submission Process Overview
Entities must log in to the national enterprise credit information public disclosure system to submit their annual reports at http://sh.gsxt.gov.cn.
4. Report Content Requirements
The report should include:
- Contact details such as business address, postal code, telephone number, and email address.
- Operational status information, including opening, closing, and liquidation statuses.
- Information on investments made by the enterprise in establishing other businesses or purchasing equity.
- For limited liability companies (LLCs) or joint-stock companies, details on shareholders or founders’ subscribed and paid-up capital, including the amount, timing, and method of contribution; changes in shareholder equity; and information on the company’s website and any online stores, including names and URLs.
- Data on the number of employees, total assets, total liabilities, guarantees provided to third parties, total owner’s equity, total sales revenue, primary business revenue, total profit, net profit, and total taxes paid.
1. Inaccurate business addresses, rendering the company uncontactable at the provided location.
2. Incorrect telephone numbers, leading to communication failures during random checks.
3. Failure to accurately disclose shareholder investment information as per the articles of association, resulting in missing shareholders or incorrect proportions of share ownership.
4. Neglect in properly documenting external investments, including not consulting with shareholders or legal representatives, failing to review long-term investment details or corporate resolutions, and inaccurately reporting or omitting such investments.
5. Carelessness in reporting financial statements, where the data disclosed does not match the annual financial reports, or mistaking monthly data for annual data.
6. Inattention to detail in recording financial figures, mistakenly reporting amounts in ten thousand yuan into yuan.
7. Failure to consult with shareholders or legal representatives about external guarantees, leading to incorrect or omitted disclosures.
8. Not promptly or accurately disclosing acquisition, changes, continuation in investment information, share transfers, or administrative licenses within the required 20 working days in the “Other Voluntarily Disclosed Information” section.
In summary, compliance with the annual report submission requirement is a legal obligation for businesses. Non-compliance can result in fines and other adverse consequences. It is crucial for companies to take these legal requirements seriously and ensure timely submission of their annual reports to avoid unnecessary financial losses and legal risks.
