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工商登记范围决定了企业在办理工商登记时应提交哪些资料,相关规则应予以明确。企业提交资料后,工商登记机构的审查行为属于何种性质,决定了工商登记部门的审查方式及责任承担。本文认为,工商登记审查应以形式审查为主,如果工商登记管理部门尽到了形式审查责任,则对由工商登记而引起的后果不应承担责任。企业提交给工商登记部门的资料起公示作用,企业一旦将工商登记资料提交给工商登记部门审查,其他企业因此而产生的行为对企业有约束力。为保障市场的良好运行,相关主体有权查阅工商登记资料。
The scope of business registration determines what information should be submitted by enterprises when handling industrial and commercial registration, and relevant rules should be clarified. After the enterprise submits the information, the nature of the review act of the business registration authority determines the examination mode and responsibility of the business registration department. This paper argues that the business registration review should be based on formal review, if the business registration management department to fulfill the duty of formal review, the consequences arising from the business registration should not be held responsible. The information submitted by the enterprise to the business registration department serves as a public notice. Once the enterprise submits the business registration information to the business registration department for examination, the resulting actions of other enterprises are binding on the enterprise. In order to ensure the good operation of the market, the relevant entities have the right to inspect the business registration information.