What are the provisions for the bankruptcy and deregistration of collective enterprises?

The new regulations on enterprise deregistration are as follows:

Enterprises that meet the requirements of simplified deregistration only need to publicize the situation that they have not opened business or have no claims and debts on the enterprise credit information publicity platform, and submit materials to the registration authority after the publicity. The registration authority will publicize it for 10 days on the next day through the enterprise credit information publicity platform, and provide 3 materials, and the market supervision department will review the materials, and the cancellation can be completed in about 20 days, saving 2 3 time.

Which businesses are subject to the simplified deregistration procedure:

1) A limited liability company, an unincorporated enterprise legal person, a sole proprietorship enterprise, or a partnership enterprise that has not carried out business activities (unopened enterprises) after obtaining the business license, has not incurred claims and debts before applying for cancellation of registration, or has completed the liquidation of claims and debts (no creditor's rights and debts enterprises).

2) If the court rules on compulsory liquidation or declares bankruptcy, the relevant enterprise liquidation group or enterprise manager may apply to the original registration authority of the compulsory liquidator or bankrupt person for summary cancellation of registration with the court's ruling on the termination of the compulsory liquidation procedure or the ruling on the termination of the bankruptcy procedure.

Which enterprises cannot be easily deregistered:

1) Foreign-invested enterprises involved in the implementation of special administrative measures for access as stipulated by the state;

2) Being included in the list of enterprises with abnormal business operations or the list of untrustworthy enterprises with serious violations; (Although the Guiding Opinions do not clearly stipulate that an enterprise that is being included in the list of abnormal business operations or the list of untrustworthy enterprises with serious violations at the time of applying for the simplified deregistration announcement, the technical plan and the SAMR's interpretation of the document make it clear that the enterprise can still apply for simplified deregistration after it is removed from the abnormal list).

3) There are circumstances in which the equity (investment interests) are frozen, pledged or mortgaged on movable property;

4) There are circumstances such as being investigated or administrative compulsion, judicial assistance, or administrative punishment;

5) The unincorporated branch to which the enterprise belongs has not been deregistered;

6) The simplified cancellation procedure has been terminated;

7) Laws, administrative regulations or decisions stipulate that approval is required before cancellation of registration;

8) Other enterprises that are not eligible for simple deregistration of enterprises;

Materials required for simple deregistration of enterprises:

1) Application Form

2) Power of Attorney for Designated Representative or Co-Principal

3) Letter of Commitment of All Investors (the ruling of the enterprise that has completed the compulsory liquidation shall submit to the court to terminate the compulsory liquidation procedure, and the ruling of the enterprise whose bankruptcy procedure has been terminated shall be submitted to the court to terminate the bankruptcy procedure).

4) Original and duplicate of business license.

The merger and division of collective enterprises shall be in accordance with the principle of voluntariness and equality, and the parties concerned shall sign an agreement according to law, properly handle creditor's rights and debts, other property relations, and remaining issues, and properly resettle enterprise personnel.

The rights and obligations of a collective enterprise before the merger or division shall be enjoyed and borne by the legal person after the merger or division.

Article 17 A collective enterprise shall be terminated if it has any of the following reasons:

1) The enterprise is unable to continue to operate and applies for dissolution, which shall be approved by the original examination and approval department;

2) It has been revoked in accordance with law;

3) declare bankruptcy in accordance with law;

4) Other reasons.

When a collective enterprise is terminated, it shall liquidate its assets in accordance with the relevant state regulations. The property of the enterprise shall be liquidated in accordance with the following procedures:

1) The expenses required for the liquidation work;

2) Wages and labor insurance premiums owed to employees;

c) tax arrears;

iv) Loans owed to banks and credit unions and other debts.

Where the repayment claims in the same order are insufficient to be satisfied, they shall be distributed proportionally.

Article 19 The remaining property after the liquidation of the property of a collective enterprise shall be disposed of in accordance with the following measures:

1) Where the state, units and individuals outside the enterprise, as well as individual employees of the enterprise, invest in shares, they shall be repaid in the same proportion from the remaining property of the enterprise according to the proportion of the amount invested in the total assets of the enterprise;

2) The rest of the property shall be used by the higher-level management body of the enterprise as expenses for the unemployed and old-age relief, job placement and vocational training of the employees of the enterprise, and shall be earmarked for special use and shall not be diverted for other purposes.

Article 20 When a collective enterprise is terminated, it must go through the process of deregistration and make a public announcement in accordance with the provisions of the "Regulations of the People's Republic of China on the Administration of the Registration of Enterprise Legal Persons." Chapter III Rights and Obligations of Collective Enterprises.

Categories: Social Livelihood >> Law.

Analysis: Collective enterprises, joint ventures, private enterprises, Sino-foreign joint ventures, Sino-foreign cooperative joint ventures and foreign-funded enterprises located in the territory of China shall be subject to the provisions of the Civil Procedure Law and the Opinions of the Supreme People's Court on Several Questions Concerning the Application of the Civil Procedure Law of the People's Republic of China.

Legal analysis: The conditions for a collective enterprise to apply for bankruptcy are that it is included in the list of mergers, bankruptcy, and troubled enterprises, and that the creditor or debtor files a bankruptcy application in accordance with the law, and that it is approved by the competent department at a higher level. According to the relevant laws and regulations, a collective enterprise shall be terminated if it has any of the following reasons:

If the enterprise is unable to continue to operate and applies for dissolution, it shall be approved by the original examination and approval department; revoked in accordance with the law; declare bankruptcy in accordance with the law; Other reasons.

Legal basis: Regulations of the People's Republic of China on Urban Collectively Owned Enterprises

Article 17 A collective enterprise shall be terminated if it has any of the following reasons:

1) The enterprise is unable to continue to operate and applies for dissolution, which shall be approved by the original examination and approval department;

2) It has been revoked in accordance with law;

3) declare bankruptcy in accordance with law;

4) Other reasons.

Article 20 When a collective enterprise is terminated, it must go through the process of deregistration and make a public announcement in accordance with the provisions of the "Regulations of the People's Republic of China on the Administration of the Registration of Enterprise Legal Persons."

Legal analysis: The bankruptcy estate of a collective enterprise shall be liquidated in accordance with the following steps: 1. The shareholders' meeting shall make a resolution to dissolve the company; 2. Establish a liquidation group within 15 days and start liquidation; 3. The liquidation group shall notify the creditors within 10 days from the date of establishment and make an announcement in the newspaper within 60 days.

The creditor shall, within 30 days from the date of receipt of the notice, and within 45 days from the date of announcement if it has not received the notice, declare its creditor's rights to the liquidation group. When a creditor declares a creditor's right, it shall explain the relevant matters of the creditor's right and provide materials to prove it. The liquidation group shall register the creditor's rights.

4. After liquidating the company's property and compiling the balance sheet and property list, the liquidation group shall formulate a liquidation plan and report it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation. 5. If the liquidation team finds that the company's property is insufficient to pay off its debts after cleaning up the company's property and compiling the balance sheet and property list, it shall apply to the people's court for declaration of bankruptcy in accordance with the law. 6. After the liquidation of the company, the liquidation group shall prepare a liquidation report, report it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of the company's registration and announce the termination of the company.

Legal basis: Bankruptcy Law of the People's Republic of China Article 190 If a company is declared bankrupt in accordance with law, bankruptcy liquidation shall be carried out in accordance with the law on enterprise bankruptcy.