How to liquidate the bankruptcy of professional farmer cooperatives

The bankruptcy of cooperatives refers to a legal system whereby the assets of the cooperatives are fairly distributed among all creditors in proportion to the law and the insufficient part is not repaid in order to protect the interests of creditors and in accordance with the legal procedures when the cooperatives are unable to pay off their debts when they are due.

The bankruptcy of professional farmer cooperatives is related to the interests of members and creditors. In order to protect the interests of members and creditors, the law stipulates that only the people's court has the right to declare a cooperative bankrupt, and the cooperative cannot declare bankruptcy on its own, and creditors have no right to declare the cooperative bankrupt. Of course, the creditor may apply to the people's court for a declaration of bankruptcy and repayment of debts.

After the people's court decides to declare the cooperative bankrupt, the people's court with jurisdiction shall take over and be responsible for handling the bankruptcy matters of the cooperative.

According to the provisions of the Law on Professional Farmer Cooperatives, the relevant provisions of the Enterprise Bankruptcy Law shall apply to the bankruptcy of professional farmer cooperatives. However, after paying off the bankruptcy expenses and common debts, the bankruptcy estate shall give priority to the repayment of the transactions between the cooperative and the farmer members before the bankruptcy but have not yet been settled. The remaining insolvency estate shall be liquidated in the following order:

First of all, the wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the members, the basic pension insurance and basic medical insurance expenses that should be transferred to the personal accounts of the employees, and the compensation that should be paid to the members according to laws and administrative regulations. Second, the social insurance premiums owed by the bankrupt person other than those provided for in the preceding paragraph and the taxes owed by the bankrupt person. Third, ordinary bankruptcy claims.

Legal Analysis: It is possible to file for bankruptcy. Professional farmer cooperatives refer to mutual aid economic organizations that are voluntarily united and democratically managed by producers and operators of agricultural products or providers and users of agricultural production and operation services on the basis of rural household contract management.

Professional farmer cooperatives are dissolved for the following reasons: (1) the reasons for dissolution stipulated in the articles of association appear; (2) The general meeting of members resolves to dissolve; (3) dissolution is required due to merger or division; (4) The business license has been revoked or revoked in accordance with law. If the dissolution is due to the reasons in items 1, 2 and 4 of the preceding paragraph, the general meeting of members shall nominate members to form a liquidation group within 15 days from the date of the occurrence of the cause of dissolution and begin the dissolution and liquidation.

If a liquidation group cannot be formed within the time limit, the members and creditors may apply to the people's court to appoint members to form a liquidation group for liquidation, and the people's court shall accept the application and promptly designate members to form a liquidation group for liquidation.

Legal basis: Article 50 of the Law of the People's Republic of China on Professional Farmer Cooperatives Article 2 The liquidation group is responsible for formulating a liquidation plan including the settlement of wages and social insurance expenses of the employees of the professional farmer cooperatives, the settlement of taxes and other debts owed, and the distribution of surplus property, which shall be implemented after being approved by the general meeting of members or applying to the people's court for confirmation. If the liquidation group finds that the property of the professional farmer cooperative is insufficient to pay off the debts, it shall apply to the people's court for bankruptcy in accordance with the law.

It is possible to file for bankruptcy. Professional farmer cooperatives refer to mutual aid economic organizations that are voluntarily united and democratically managed by producers and operators of agricultural products or providers and users of agricultural production and operation services on the basis of rural household contract management. Professional farmer cooperatives were dissolved for the following reasons:

1) The articles of association stipulate that the cause of the dissolution of socks is quietly appearing; (2) The general meeting of members resolves to dissolve; (3) dissolution is required due to merger or division;

OK. According to the relevant laws and regulations, the relevant provisions of the Enterprise Bankruptcy Law shall apply to the bankruptcy of professional farmer cooperatives. However, after the bankruptcy estate has paid off the bankruptcy expenses and common debts, it shall give priority to the repayment of the amounts that have been traded with the farmer members before the bankruptcy but have not yet been settled.

The General Assembly of Professional Farmer Cooperatives is composed of all members and is the authority of the Society, exercising the following functions and powers:

1. Amend the articles of association;

2. Elect and dismiss the chairman, directors, executive supervisors or members of the board of supervisors;

3. Decide on the disposal of major assets, foreign investment, external guarantee and other major matters in production and business activities;

4. Approve the annual business report, earnings distribution plan, and loss treatment plan;

5. Make resolutions on merger, division, dissolution, liquidation, as well as the establishment and joining of associations;

6. Decide on the number, qualifications and tenure of business management personnel and professional and technical personnel;

7. Listen to the report of the chairman of the board of directors or the board of directors on the change of members' movements, and make resolutions on the member's admission and removal;

8. Withdrawal and use of provident fund;

9. Other functions and powers stipulated in the articles of association.

Legal basis

Law on Professional Farmer Cooperatives

Article 29.

The General Assembly of Professional Farmer Cooperatives is composed of all members and is the authority of the Society, exercising the following functions and powers:

1) Amend the Articles of Association;

2) To elect and dismiss the chairman, directors, executive supervisors or members of the board of supervisors;

3) Decide on the disposal of major assets, foreign investment, external guarantees, and other major matters in production and business activities;

4) Approve the annual business report, earnings distribution plan, and loss treatment plan;

5) To make resolutions on mergers, divisions, dissolutions, liquidations, and the establishment and joining of associations;

6) Decide on the number, qualifications and tenure of business management personnel and professional and technical personnel;

7) Listen to the report of the chairman or the board of directors on the change of members, and make resolutions on the admission and removal of members;

8) Withdrawal and use of provident fund;

9) Other functions and powers provided for in the charter.

Article 55.

The relevant provisions of the Enterprise Bankruptcy Law shall apply to the bankruptcy of professional farmer cooperatives. However, after the bankruptcy estate has paid off the bankruptcy expenses and common debts, it shall give priority to the repayment of the amounts that have been traded with the farmer members before the bankruptcy but have not yet been settled.

Professional Farmer CooperativesFarmer cooperatives are organizations that realize the purpose of mutual assistance among members by providing sales, processing, transportation, storage of agricultural products, as well as technical and information services related to agricultural production and operation on the basis of rural household contract management. It has a certain organizational structure, and its members enjoy certain rights and responsibilities. Article 52 of the Law of the People's Republic of China on Professional Farmer Cooperatives, the liquidation group is responsible for formulating a liquidation plan including the repayment of wages and social insurance expenses of the employees of professional farmer cooperatives, the settlement of taxes and other debts, and the distribution of surplus property, which shall be implemented after being approved by the general meeting of members or applying to the people's court for confirmation.

If the liquidation team finds that the assets of the professional farmer cooperative are insufficient to pay off the debts, it shall apply to the people's court for bankruptcy in accordance with the law.