2024/9/2 凌晨12:24
Criminal Law of the People's Republic of China
subscription form, prospectus for corporate or enterprise bonds, or other issuance documents, if the
amount involved is large, the consequences are serious or there are other serious circumstances,
shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and
concurrently, a fine, or shall be sentenced to a fine only. Where the amount involved is
especially large, the consequences are especially serious or there are other especially serious
circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years,
and concurrently, a fine.
A controlling shareholder or an actual controller who organizes or gives instructions for the
commission of an act as prescribed in the preceding paragraph shall be sentenced to fixed-term
imprisonment of not more than 5 years or short-term custody, and concurrently, a fine of not less
than 20 percent but not more than the amount of the illegally raised fund; or shall be sentenced to a
fine on the said scale only. Where the amount involved is especially large, the consequences are
especially serious, or there are other especially serious circumstances, the offender shall be
sentenced to fixed-term imprisonment of not less than 5 years, and concurrently, a fine of not less
than 20 percent but not more than the amount of the illegally raised fund.
An entity committing a crime as prescribed in the preceding two paragraphs shall be fined not less
than 20 percent but not more than the amount of the illegally raised fund, and the directly
responsible persons in charge and other directly responsible persons shall be punished in
accordance with the provisions in the first paragraph of this Article.
Article 161 Where a company or an enterprise obligated to disclose information in accordance with
the law provides its shareholders and the general public with an accounting report which is false or
conceals important facts, or fails to disclose according to the applicable regulations other important
information that shall be disclosed in accordance with the law, thereby seriously harming the
interests of the shareholders or other persons, or there being other serious circumstances, its
directly responsible persons in charge and other directly responsible persons shall be sentenced to
fixed-term imprisonment of not more than 5 years or short-term custody, and concurrently, a fine,
or shall be sentenced to a fine only. Where the circumstances are especially serious, the directly
responsible persons in charge and other directly responsible persons shall be sentenced to fixedterm imprisonment of not less than 5 years but not more than 10 years, and concurrently, a fine.
A controlling shareholder or an actual controller of a company or an enterprise as prescribed in the
preceding paragraph who commits, organizes or instructs others to commit an act as prescribed in
the preceding paragraph, or conceals the relevant information, which results in the occurrence of the
circumstances as prescribed in the preceding paragraph, shall be punished in accordance with the
provisions in the preceding paragraph.
Where the controlling shareholder or actual controller committing a crime as prescribed in the
preceding paragraph is an entity, the entity shall be fined, and its directly responsible persons in
charge and other directly responsible persons shall be punished in accordance with the provisions in
the first paragraph of this Article.
Article 162 Where, in the process of liquidation, a company or an enterprise conceals its assets,
records false information in its balance sheet or asset list, or distributes the assets of the company or
enterprise prior to full payment of its debts, thereby seriously harming the interests of the creditors
or others, the directly responsible persons in charge and other directly responsible persons shall be
sentenced to fixed-term imprisonment of not more than 5 years or short-term custody, and
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_9.htm
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