The bankruptcy process of the enterprise, the basic process of the bankruptcy of the enterprise

The filing for bankruptcy must meet the prescribed bankruptcy conditions. Prepare relevant information, the company is unable to repay the due debts, and data is needed to show that the company's basic information, including registration information, legal person information, etc., the second is the proof that the debt cannot be discharged, and prepare a list of debts, audit statements, etc. After the resolution of the general meeting of shareholders is made, a bankruptcy application shall be filed with the court together with the above materials.

The court will conduct a physical and procedural review of the submitted materials within a certain period of time. During the period of acceptance by the court, the competent unit or other parties propose that the court may have jurisdiction over the bankruptcy reorganization. If the company cannot be rectified or the rectification is unsuccessful, it may declare bankruptcy and notify the relevant creditors and debtors in the form of an announcement.

The basic workflow of enterprise bankruptcy liquidation: general steps: bankruptcy application and respect for auspiciousness Bankruptcy application Case filing review Case acceptance Work after case acceptance Declaration and registration of creditor's rights Creditors' meeting Bankruptcy reconciliation Enterprise reorganization Bankruptcy declaration Bankruptcy liquidation Ruling on the end of bankruptcy proceedings Enterprise deregistration.

Legal basisEnterprise Bankruptcy Law of the People's Republic of China

Article 7 Under the circumstances provided for in Article 2 of this Law, the debtor may apply to the people's court for reorganization, reconciliation, or bankruptcy liquidation. If the debtor is unable to pay off the debts due, the creditor may apply to the people's court for reorganization or bankruptcy liquidation of the debtor. If the enterprise legal person has been dissolved but has not been liquidated or has not been liquidated, and the assets are insufficient to pay off the debts, the person who bears the responsibility of clearing the cherry blossom shed in accordance with the law shall apply to the people's court for bankruptcy liquidation.

1. If a company that has suffered serious losses and is unable to pay off its debts due to bankruptcy liquidation shall submit a bankruptcy application to the court where the company is located. The people's court adjudicates and declares the enterprise bankrupt in accordance with the law, and the enterprise officially enters the bankruptcy procedure. 2. Establishment of a liquidation group After the enterprise enters the bankruptcy procedure, the people's court shall establish a liquidation group within 15 days from the date of declaration, and the liquidation group shall be designated by the people's court through consultation with the people at the same level, and shall be composed of relevant personnel, including lawyers, accountants and other professionals. 3. Comprehensive takeover of bankrupt enterprises After the liquidation group is formally established and stationed in the bankrupt enterprise of the Juehong Bureau, the liquidation group will officially replace the bankrupt enterprise to operate in its own name and take over the bankrupt enterprise.

4. Financial audit of the bankrupt enterprise Audit the financial affairs of the bankrupt enterprise: the basic information of the bankrupt enterprise, such as the registration of the company, the situation of shareholders and the proportion of equity, the registered capital of the bankrupt enterprise and the situation in place; Financial management of bankrupt enterprises: the situation and changes of financial personnel of bankrupt enterprises and mergers and acquisitions, the preservation of financial vouchers and account books, the situation of account records, financial examination and approval, such as the person in charge, expenditure procedures, etc., and the authenticity and incompleteness of financial books and original vouchers.

5. Liquidation and liquidation of bankruptcy property The liquidation of the property of a bankrupt enterprise mainly refers to the activities of the liquidation group in defining the ownership, scope, classification and registration of the property of the bankrupt enterprise. 6. Formulate a distribution plan for the bankruptcy property The liquidation group shall propose a distribution plan for the bankruptcy property; After the distribution plan of the bankruptcy estate is discussed and approved by the creditors' conference, it shall be submitted to the court for ruling; The liquidation group shall prepare a distribution table within three days after the bankruptcy property distribution plan is confirmed by the court; The liquidation group implements the distribution plan and notifies the creditors to collect the property within a time limit. Additional allocation.

7. Prepare a bankruptcy liquidation report and submit it to the creditors' meeting and the court. The contents of the bankruptcy liquidation report include: the establishment of the bankruptcy liquidation group; The main liquidation work completed by the liquidation team; the direction and situation of the bankrupt enterprise's bulk funds; The resignation and on-the-job audit of the legal representative and management personnel of the bankrupt enterprise; Analysis of the causes of enterprise bankruptcy; Bankruptcy liquidation cases need to be studied, improved, and resolved.

8. Cancel the registration of the original bankrupt enterprise, request the court to terminate the bankruptcy procedure, and the liquidation group is formally revoked. The bankruptcy liquidation procedure of the bankrupt enterprise was formally terminated.

1. What is the enterprise bankruptcy process?

1. The process of applying for bankruptcy of an enterprise is:

1) Entering bankruptcy liquidation procedures;

2) Establish a liquidation group;

3) a full takeover of the bankrupt enterprise;

4) Financial audit of bankrupt enterprises;

5) Liquidation and liquidation of the bankruptcy estate;

6) Formulate a plan for the distribution of the bankruptcy estate;

7) Formulate bankruptcy liquidation report;

8) Cancel the registration of the original bankrupt enterprise, request the court to terminate the bankruptcy procedure, and the liquidation group is formally revoked. The bankruptcy liquidation procedure of the bankrupt enterprise was formally terminated.

2. Legal basis: Article 182 of the Company Law of the People's Republic of China.

If serious difficulties arise in the operation and management of the company, and the continued existence of the company will cause major losses to the interests of shareholders, and cannot be resolved through other means, shareholders holding more than 10% of the voting rights of all shareholders of the company may request the people's court to dissolve the company.

2. What documents should be provided by the debtor to apply for bankruptcy.

1. Written bankruptcy application;

2. Certificate of qualification of the main body of the enterprise;

3. List of legal representatives and main persons in charge of the enterprise;

4. The situation and resettlement plan of the employees of the enterprise;

5. A written explanation of the company's losses, with an audit report;

6. A detailed statement of the assets of the enterprise to the date of bankruptcy application, including tangible assets, intangible assets and enterprise investment;

7. Details of the account opened by the enterprise in a financial institution, including the approval materials for opening an account, funds, etc.;

8. A table of creditor's rights of the enterprise, listing the name, domicile, amount of debt, time of occurrence and demand for repayment of the debtor of the enterprise;

9. The statement of the debts of the enterprise, listing the name, address, amount and time of occurrence of the creditors of the enterprise;

10. The guarantee involved in the enterprise;

11. The litigation that has occurred in the enterprise;

12. Other materials that the people's court deems should be submitted.

Bankruptcy liquidation is a legal procedure for the mediation and liquidation of the rights and interests of all parties at the end of the economic activities of an enterprise, and its purpose is a necessary step between the settlement of the activity, the consolidation, division and distribution of property to depositors, creditors and other legitimate interests ("liquidation"). In liquidation, the legal representative will value the assets owned by the enterprise, and in accordance with the effective laws and relevant regulations, the assets will be paid off by cash, ** or other means, and finally reduce the creditor's rights and pay off the debts of the creditors; The money in the savings account or bank account will be used to repay the savings of the business depositor.

For a company, whether it is due to poor management, market fluctuations, business changes or competition, etc., bankruptcy liquidation is particularly important. Bankruptcy liquidation can help enterprises to properly arrange their financial structure, adjust their business models and investment structures, so that enterprises can improve their financial situation in an effective way. Due to the significant impact of bankruptcy liquidation on the financial status of enterprises, bankruptcy liquidation must be based on principles consistent with financial practice in order to make the liquidation process effective and reasonable.

The parties involved in bankruptcy liquidation include the creditors (including creditors, claimants and guarantors) and investors of the enterprise, and the liquidator shall verify and investigate the assets and liabilities of the enterprise in accordance with the bankruptcy procedure in accordance with the law and relevant documents, so as to ultimately protect all the rights and interests of the enterprise.

Generally speaking, the bankruptcy liquidation of an enterprise mainly includes the following steps: (1) the bankruptcy enterprise notifies the bankruptcy declaration. (2) The legal representative determines the bankruptcy proceedings.

3) The liquidator determines the valuation results of the bankrupt enterprise's property. (4) The bankrupt enterprise distributes liquidation funds to creditors. (5) The enterprise announces the end of liquidation.

Bankruptcy liquidation has the following important functions: (1) to provide an enterprise bankruptcy protection mechanism to prevent the debtor and the claimant from transferring various liabilities to the enterprise. (2) Respect the economic rights and social obligations of enterprises and creditors, and effectively declare bankruptcy.

3) Provide creditors with a reasonable fund distribution plan to protect the rights and interests of creditors according to the requirements of bankruptcy proceedings. (4) Help enterprises establish the correct financial structure to improve the financial status of enterprises.

In bankruptcy liquidation, companies need to make sound judgments to determine whether the reserve pool can be used for allocation, for example, whether to carry out bankruptcy obligations or restructuring content; Taking into account the future impact of all affected parties, companies also need to publish information in a timely manner so that affected parties can take response measures as soon as possible.

In short, enterprise bankruptcy liquidation is a representative liquidation procedure for the bankruptcy administrator to sort out and arrange the property in accordance with the law when the enterprise is unable to operate successfully under the conditions, aiming to safeguard the legitimate rights and interests of creditors, investors and guarantors by repaying the liquidation funds of creditors, promote effective restructuring and reconstruction, and finally effectively solve the financial situation of the enterprise.