绯闻女孩经典台词:《关于审理企业破产案件若干问题的规定》英文版

Supreme People's Court "on a number of issues with the provisions of the enterprise bankruptcy case" (July 18, 2002 1232 Supreme Court Judicial Committee meeting France-[2002]23) To correctly apply the "PRC enterprise bankruptcy law (trial)" (hereinafter referred to as the enterprise bankruptcy law), "The PRC Civil Procedure Law" (hereinafter referred to as civil law), and standardize on enterprise bankruptcy case, the court hearing in connection with the actual business bankruptcy cases, do ordain the following provisions. First, enterprise bankruptcy case on jurisdictional One corporate insolvency cases by the people's courts of the debtor's jurisdiction. That the debtor to the debtor's main office is located. No offices of the debtor, its registration courts. 2 grassroots people's courts of general jurisdiction of the county, district or county-level city industrial and commercial administrative organs approved the registration of enterprise bankruptcy cases; Intermediate general areas of jurisdiction, the prefectural-level cities (including the level) over the industrial and commercial administrative organs registered enterprises approved bankruptcy cases; Into national plans to adjust corporate insolvency cases, the Intermediate People's Court jurisdiction. Three superior courts of jurisdiction to hear the lower court enterprise bankruptcy case, or will be governed by its own enterprise bankruptcy case to the lower court trial, and the lower courts need to be governed by its own enterprise bankruptcy cases to the superior court trial, in accordance with Article 39 of the Civil Procedure Law stipulations; Province, autonomous regions and municipalities within the scope of the special circumstances of individual enterprises to bankruptcy cases geographical jurisdiction adjusted, subject to the higher people's courts of common approval. Second, on bankruptcy and hear Article 4 applications (by the application) the insolvency of the debtor should have legal personality, do not have legal personality enterprises, and individual industrial and commercial households, partner organizations, rural households do not have the contract for the main insolvency. Article bankruptcy court to the state-owned enterprises, should be submitted to the competent authority of their superiors bankruptcy documents; Other enterprises should provide shareholders meeting decided to initiate the person or enterprise insolvency. VI bankruptcy debtor, the court should provide the following information : (1) written bankruptcy; (2) Business main qualification; (c) the legal representative of the enterprise with key people responsible for the list; (4) enterprise workers and the resettlement plans; (5) loss of business written statement, together with the audit report; (vi) business days to apply for bankruptcy breakdown of the condition of the assets, including tangible assets, intangible assets, and enterprise investments; (7) enterprises in the financial institutions an account details, including accounts and materials, account number, and capital; (8) An enterprise's tables showing the name of the debtor enterprise, shelter, debt amount, time of occurrence and press its claim for reimbursement; (9) corporate debt tables showing the name of the enterprise's creditors, shelter, the amount of claims, the time of occurrence; (10) enterprises involving security; (11) enterprises have occurred proceedings; (12) should be submitted to the people's court that the other materials. Article 7 bankruptcy creditors for the debtor, the court should provide the following information : (1) claims that the facts and evidence; (b) claims nature, amount, or guarantee, together with evidence; (c) the debtor failing to clear debts due evidence. Article 8 creditors for the debtor bankruptcy court can notify the debtor check the following : (a) the authenticity of claims; (b) the creditor in the debtor pay the debt due proportion; (c) the existence of the debtor failing to clear debts due. 9 bankruptcy creditors for the debtor, the debtor to the claims of creditors raised objections, the people's courts have established that objection should inform creditors to initiate civil action. Bankruptcy petition inadmissible. 10, received bankruptcy court, within seven days to decide whether it should be placed on file; Bankruptcy applicants to submit materials required corrections, additions, the people's court may require the applicant for corrections, additions. Regular corrections, additional information, the people's court from the date of receipt of additional information corrected within seven days to decide whether placed on file; They can not, add as withdrawn. Enterprise bankruptcy courts decided cases handled, the case should be produced before the notice, and by the applicant and the debtor. A notice of bankruptcy cases handled for the time period. 11 enterprises in bankruptcy cases before the courts decided cases, the applicant may request to withdraw the insolvency bankruptcy. Bankruptcy courts allow the applicant to withdraw the application in before the application has been withdrawn bankruptcy costs borne by the bankruptcy applicants. 12, the court found the following review of the insolvency application inadmissible : (a) the debtor has to hide or transfer of property, filed for bankruptcy to escape debt; (b) creditors of the debtor bankruptcy destroyed commercial credibility with intent to harm fair competition. Article 13 of the bankruptcy courts are inadmissible and should be ruled. Bankruptcy applicants to apply for bankruptcy ruling against inadmissible, the date could be determined by the level of the people's courts, 10 to appeal. 14 enterprises of bankruptcy courts hear cases and found that do not meet the conditions of admissibility laid down by law or the provisions of Article 12 in this case and should be dismissed bankruptcy ruling. The bankruptcy court accepted the debtor, the debtor found huge property unaccounted for and could not reasonably explain the whereabouts of the property should be ruled dismissed bankruptcy. Bankruptcy rejected applicants to appeal bankruptcy decision, the date could be determined by the level of the people's courts, 10 to appeal. Article 15 court decisions after receiving enterprise bankruptcy case should be formed collegiate bench, and in 10 completed the following tasks : (a) members of the collegiate bench bankruptcy applicants and the applicant in writing and in court bulletin board posting enterprises receive notice of bankruptcy. Notice contents should state : bankruptcy before time, the name of the debtor, the creditor reporting period, place and the legal consequences of overdue debts declaration, the first meeting of creditors convened by the date, venue; (b) issued a notice in the debtor's business for protecting enterprise assets, enterprises will be allowed to address the books, instruments, information, seals, not to hide, dividing, transfer, sell enterprise property; (c) notification of the debtor immediately stop debt, the non - permission of the court shall not pay any costs; (d) notify the debtor bank accounts to stop settlement activities debtor and the debtor should not be retaining, or transferring money off debt. But the court to permit exception. 16, the People's Court accepted the creditors enterprise insolvency cases, the people's courts should notify the debtor in the 15 days before the relevant accounting, financial debt inventory, enterprise assets and inventory information submitted by the people's courts should be considered. Article 17 The people's courts handle enterprise bankruptcy case, except in accordance with the provisions of Article IX enterprise insolvency law known creditors notice, should also inherent in 30 countries, local influential newspaper notices, bulletins with the content of article 15 (1). 18 enterprises of bankruptcy courts hear cases, in addition to immediately declare bankruptcy liquidation group, in the original enterprise management organizations can not perform the normal functions of management, the establishment of enterprises and groups. Group members from the business and enterprise level departments or shareholders meeting representatives, the original enterprise managers, major creditors have, we can hire accountants, lawyers, and other intermediary agencies. Enterprise group mainly deals with monitoring the following : (1) inventory, storage enterprise property; (2) Verification enterprises creditor; (c) the need for the interests of enterprises and business activities; (4) permits the court to pay the necessary expenses; (5) other people's court permission. Group responsible for the supervision of enterprises to the people's court, the court accepted the guidance and supervision. Article 19 The people's courts handle enterprise bankruptcy case, the debtor to the plaintiff to the other cases are civil disputes in the first instance procedure, the court should refer the case to hear v. bankruptcy court cases; Investigations into the second procedure, the court should continue v. trial. Article 20 The People's Court accepted the enterprise bankruptcy cases, the property of the debtor other civil execution procedures should be suspended. Debt to the debtor for the other defendants dispute cases on the basis of the different situations dealt with separately : (1) has not implemented concluded that the suspension should be implemented with effect from creditors to receive legal instruments declare bankruptcy case claims courts. (2) no other defendants and has not yet concluded and no independent right to request a third person, the proceedings should be suspended from creditors to receive bankruptcy court to declare the case claims. At the enterprise was declared bankrupt after the end of the proceedings. (c) has not yet concluded and the other defendants or no independent right to request a third person, the proceedings should be suspended from creditors to receive bankruptcy court to declare the case claims. When insolvency proceedings end, the restoration of hearing. (4) the debtor at the debtor from debts and disputes continue to hear cases. Third, the declaration on the rights 21, creditors and their claims should be submitted to the legitimate claims proved effective identity; Declarations should be submitted to the client agent effective identity, authorization orders and creditor proof. Declared secured creditor property, the property should be secured to prove the evidence. Article 22 The people's courts at the time of registration declared creditor, the creditor should remember that the name, residence, bank accounts, the amount of claims reported, the declaration claims evidence, property security, the declaration time, and other means of communicating necessary. Liquidation team has been established by the liquidation team's registration. Article 23 related to the insolvency of the debtor one or several persons, all claims of creditors may exercise their rights to the debtor or the debtor, the creditor declared. Creditors undeclared claims, and other related debtor may assume the debt may declare claims. Article 24 claims of creditors, although not in the statutory period declared, but the Civil Procedure Law 76 stipulates cases, the distribution of property in the bankruptcy liquidation of the former group to declare claims. Liquidation group to review its declaration claims, the review determined by the courts. People's courts agreed that the meetings of creditors in insolvency creditors object to the distribution of property, can apply for reconsideration to the people's court. 4, reconciliation and bankrupt enterprises on bankruptcy reorganization 25 enterprises of bankruptcy courts handle cases, before the end of the insolvency proceedings, the debtor may apply for reconciliation to the people's court. People's Court in the case of insolvency proceedings, according to creditors, the debtor to the specific circumstances of the parties reconciliation. A bankruptcy court ruled that before the meeting of creditors and debtors to reach an agreement and the court ruling recognized that the People's Court issued a notice to terminate bankruptcy proceedings. Declare bankruptcy after a court ruled that meetings of creditors and the debtor and the court ruled that the settlement agreement reached by the people's court ruling declared that the suspension of the implementation of bankruptcy and insolvency proceedings suspension notice. 26, the debtor does not by the content of the settlement agreement to discharge fully its obligations under the relevant creditors can apply for court enforcement. 27, the debtor does not perform or is unable to perform the settlement agreement, the creditor applications, the people's courts should be ruled resume insolvency procedures. In the settlement agreement was reached before declaring bankruptcy, bankruptcy courts should be ruled resume at the same time ruled that the debtor bankruptcy proceedings. Article 28 enterprises from bankruptcy creditors, such as the bankruptcy of enterprises were state-owned enterprises is, in accordance with the provisions of Chapter IV of the enterprise bankruptcy law, the competent departments may apply for the higher-level enterprise restructuring. Applications should rectify before the debtor has been declared bankrupt. In charge of the enterprise-level, enterprises can shareholders meeting adopted a resolution to the shareholders meeting and the name of the enterprise applications for rectification. Rectification work by shareholders meeting specified staff. Article 29 enterprises consolidation period, the higher authorities or enterprises responsible for the implementation of the restructuring programme staff should report regularly to the meetings of creditors and the court rectifying the situation, the implementation of the settlement agreement. Article 30 Enterprises consolidation period, the debtor's property is still applicable enterprise implementation of the provisions of Article 11 of the Bankruptcy Act. 5, declared bankruptcy on Article 31, paragraph 1, 3 enterprise insolvency law provided "failing to clear debts due" means : (1) debt discharge expires; (2) the debtor apparent lack of debt capacity. Debt due to the liquidation of the debtor and a continuous state of the absence of proof to the contrary, is presumed to be "failing to clear debts due." 32, the people's courts handle cases of insolvency of the debtor, with one of the following conditions should be ruled that the debtor bankruptcy : (a) the debtor can not repay its debt and the settlement agreement can not be reached with creditors; (2) the debtor does not perform or is unable to perform the settlement agreement; (3) the debtor in reorganization period enterprise insolvency law provides 21 cases; (iv) the expiry of a debtor in reorganization enterprise insolvency law 22, paragraph 2 cases. Declared bankrupt debtor should open to the public. By creditor bankruptcy, insolvency declaration should notify the debtor before. 33, the date of the debtor declared bankruptcy since ceased production activities. For the interests of the creditors is the need to continue production operations, subject to court permission. 34, the people's court declared bankrupt debtor, the debtor's accounts should be informed banks limit their bank accounts used only by the liquidation team. Bank accounts should be attached to the people's court declared bankruptcy ruling book. Article 35 court ruled that the debtor's bankruptcy notice should be issued, the notice included the debtor losses, assets and liabilities condition, the time declared bankruptcy, insolvency declared reasons and legal basis as well as on the property of the debtor, books, instruments, information and the protection of seals. Article 36 declared bankruptcy, insolvency, business property in other civil proceedings by attachment, seizure, freezing, the people's courts handle bankruptcy cases should immediately take notice of attachment, seizure, the court lifted the freeze measures, the people's courts to hear cases of insolvency procedures for the transfer. Article 37 enterprises were declared bankrupt, the people's courts should be designated essential personnel remaining. The legal representative of bankrupt enterprises, accounting, property custodian must stay. 38, declared bankruptcy, the creditors or the debtor to declare insolvency object, the court can declare insolvency date 10 enterprises, appeals to a higher court. Higher people's courts should be composed of the collegiate bench for trial, and in 30 days to decide. 6, the meeting of creditors on 39 meetings of creditors claims by creditors declared. Creditors have the right to vote at the meeting chaired by the People's Court designated creditors. If necessary, the people's court may designate more creditors of the President, the President of the Conference of the creditors committee. Few creditors refused to participate in meetings of creditors does not affect the convening of the conference. But creditors meetings shall be made to the insolvency of their property or compensation opportunities adverse resolution of their compensation. 40, the first meeting of creditors in the courts should be held after the expiry of three months notice of bankruptcy cases. In addition to the property of the debtor to pay bankruptcy costs, and insolvency proceedings in the end, not a zero rate of the general creditor liquidity grounds creditors. Article 41 of the first meeting of creditors convened and chaired by the courts. In addition to the provisions of Article 17 of the courts to determine the completion of the work, should also do the following preparations : (1) Develop first creditors meeting agenda; (b) to the debtor or the legal representative responsible person issued a circular calling for the need to be; (c) to the debtor superior authorities, who run the meeting on behalf of shareholders or notification to attend the meeting; (iv) inform members of the group who attended the meeting as bankruptcy liquidation; (5) notice of audit, assessment participants; (vi) the need to be prepared well in advance of other work. 42, the general meeting of the creditors, including the following : (1) that the meeting of creditors and other relevant matters; (2) that creditors qualification results; (c) To designate and announce creditors of the President of the Conference; (d) arrangements for the debtor or the legal representative of creditors who receive inquiries; (5) the liquidation of the debtor's production group, property, the debt situation and submit a report and the liquidation of assets to deal with programme and distribution programmes; (6) discussion and review of the documentary credit, credit guarantee and the amount of the property, to discuss the adoption of the settlement agreement, the Group examined the liquidation liquidation reports, discussion programmes and the treatment of property through bankruptcy distribution programmes. Discussions should remember that the transcripts. Group registration or liquidation of creditors claims courts objections, the people's courts should promptly review and determine; (7) In the light of the discussions, in accordance with the provisions of the enterprise bankruptcy law 16 vote. Paragraph (5) to (7) of the agenda in this session of the creditors could not be completed, the next creditors meeting continued. 43 creditors meeting that the resolution of creditors in violation of the law or violate their legitimate rights and interests, a meeting of creditors in court within seven days after the re

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