How to preserve the company s property and how to preserve the company s property

Company A sent people to collect the arrears many times, but Company B delayed it for various reasons, and was helpless. Company A had no choice but to file a lawsuit against Company B to demand that Company B return the loan. At the same time, Company A applied to the court for property preservation of Company B.

Comment: The so-called property preservation refers to the compulsory measures taken by the court to restrict the disposal or transfer of the debtor's property in accordance with the law in order to ensure that the civil judgment that can be effectively enforced in the future, or to avoid irreparable damage to the legitimate rights and interests of the creditor in a timely and effective manner.

Since it is very common for some debtors to transfer property and evade litigation and enforcement, especially after the occurrence of a case involving a large amount of money, if certain protective measures are not taken immediately, the debtor may quickly transfer its property available for enforcement, and the legitimate rights and interests of creditors may suffer serious and even irreparable damage. However, if the debtor's main property is preserved, the debtor may be forced to respond to the lawsuit or take the initiative to negotiate with the creditor to repay the debt. Therefore, property preservation is a basic right protection measure in civil litigation.

To sum up, according to the circumstances of this case, the court can conduct an examination based on the application provided by Company A, and if the content is true and it is indeed necessary, if Company A applies for the preservation of the land use right of a land located in the local area of Company B, the court may preserve the property in accordance with the law.

In the property preservation procedure, the interested party shall apply to the court to which the lawsuit is filed before filing a lawsuit. Where the people's court accepts the application and rules for preservation, the ruling for preservation is to be lifted if the applicant does not file a lawsuit within 30 days. Litigation property preservation may be applied for at the same time as the lawsuit is filed, or it can be applied for after the lawsuit is filed.

The provision of property clues is different from enforcement, the people's court will not search for the debtor's property for the parties at the property preservation stage, and the applicant must provide clear property clues by himself.

The following categories of property leads fall under the category of explicit property leads:

1. Bank account: have a clear opening bank, account name, etc.;

3 Valuable**: Registered bonds that know the bond variety, or**;

4 Vehicle: clear license plate number and owner's name;

5. Equity: clear company name and the share of equity owned by the debtor;

The following conditions shall be met for property preservation:

1. The situation must be urgent, and failure to take property preservation will cause irreparable damage to the applicant's legitimate property rights and interests;

2. The interested party must submit an application to the people's court where the property is located, and the court shall take the initiative to take property preservation measures without its authority;

3 The applicant must provide a guarantee, otherwise the court will dismiss the application.

4. The case must have payment content, which is a lawsuit for payment;

5 must be made by the conduct of one of the parties that is likely to make the judgment difficult to enforce;

6 The application must be made during the course of the proceedings. When necessary, the court may also rule ex officio to adopt measures to preserve litigation assets;

7 The applicant provides a guarantee. This is not the case if the court does not order the provision of security.

Legal analysis: property preservation is one of the most effective measures to protect the legitimate rights and interests of the parties, and the company's property is no exception, especially when the enterprise involved in the case is involved in a large amount, it is even more necessary to take property preservation measures. (1) To apply for pre-litigation property preservation, the interested party shall submit an application to the court to which the lawsuit is filed before filing the lawsuit.

2) The applicant provides clear clues. (3) The people's court for guarantee may order the applicant to provide a guarantee, and if the applicant does not provide a guarantee, the request for rejection. (4) Where a ruling is made on a party applying for pre-trial preservation, the people's court must make a ruling within 48 hours of accepting the application, and once the ruling is made, it will take legal effect, and the party may not appeal if it is not satisfied, but may apply for reconsideration once, and the enforcement of the ruling shall not be stopped during the reconsideration period.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 100: In cases where it might be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's courts may, upon the application of the opposing party, rule to preserve their assets, order them to engage in certain blind conduct, or prohibit them from taking certain acts early; When the person concerned does not submit an application, the people's court may also rule to adopt preservation measures when necessary. The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Article 101: Where an interested party's lawful rights and interests will be irreparably harmed if they do not immediately apply for preservation due to an urgent situation, they may apply to the people's court for the place where the property subject to preservation is located, the domicile of the respondent, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

Creditors can apply for property preservation to tease the company to preserve the company's property. The procedures for applying for property preservation are as follows: 1. To apply for pre-litigation property preservation, the interested party shall submit an application to the court before filing a lawsuit.

Where the people's court accepts the application and rules for preservation, and the applicant does not file a lawsuit within 30 days, the ruling for preservation is lifted. Litigation property preservation can be applied for at the same time as or after the lawsuit is filed. 2. The applicant provides clear clues.

3. The people's court may order the applicant to provide a guarantee. If the applicant does not provide a guarantee, the request for rejection. 4. Where a party applies for pre-litigation property preservation, the court shall make a ruling within 48 hours of accepting the application.

Once a ruling is made, it will have legal effect. Where a party is dissatisfied with an appeal, it may apply for a reconsideration once, and the enforcement of the ruling is not suspended during the reconsideration period.

Articles 1-4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by the People's Courts.

The procedures for release on bail pending further investigation are as follows: 1. Initiate an application for release on bail pending further investigation. The person or defendant in the criminal suspect town who is in custody or the legal person and lawyer designated by him or her shall enjoy the right to apply for release on bail pending further investigation.

2. The decision to release on bail pending further investigation. 3. Enforce release on bail pending further investigation. 4. The maximum period of release on guarantee pending further investigation shall not exceed 12 months. ”

The company sent people to collect the arrears many times, but Company B delayed it for various reasons, and was helpless. Yuansun Company A filed a lawsuit against Company B, demanding that Company B return the loan. At the same time, Company A applied to the court for property preservation of Company B.

Summary. Hello, you can apply to the people's court for the preservation of the company's property. 1.

In order to find out the property status of the defendant, the plaintiff (the prosecution) should find out the property status of the defendant (the sued) before applying to the court for litigation preservation, such as whether there is real estate, vehicles, equity, bank deposits, Alipay deposits, etc., only in this way can the success rate of the application for property preservation be ensured. 2.To prepare the security required for property preservation, the plaintiff needs to provide security when applying to the court for pre-litigation property preservation, and the amount of property applied for preservation of the defendant needs to provide security of comparable value.

3.When applying to the court for property preservation, you need to fill in the application form for property preservation, 4Waiting for the court's ruling.

Hello, you can apply to the people's court for the preservation of the company's property. 1.In order to find out the property status of the defendant, the plaintiff (the prosecution shouts the suspect) should find out the property status of the defendant (the defendant) before applying to the court for litigation preservation, such as whether there is real estate, vehicles, equity, bank deposits, Alipay deposits, etc., only in this way can the success rate of Zheng Yinshou apply for property preservation.

2.To prepare the security required for property preservation, the plaintiff needs to provide security when applying to the court for pre-litigation property preservation, and it is necessary to provide security of equivalent value if the plaintiff fails to apply for the preservation of the defendant's property. 3.

When applying to the court for property preservation, you need to fill in the application form for property preservation, 4Waiting for the court's ruling. <>

Hello, according to Article 103 of the Civil Procedure Law, the people's court may, upon the application of the other party, rule to preserve the property, order the party to perform certain acts, or prohibit the party from doing certain acts in cases where it is difficult to enforce the judgment or cause other damage to the parties due to the conduct of one of the parties or other reasons; If the parties fail to ask Xiaoqing to apply for caution, the people's court may also rule to adopt preservation measures when necessary. <>

Parties and interested parties applying for property preservation shall submit a written application to the people's court and provide relevant evidentiary materials.

The application shall contain the following particulars:

2) the subject matter of the request and the facts and reasons on which it is based;

3) The amount requested for preservation or the subject matter of the dispute;

4) Clear information on the property to be preserved, or specific leads on the property to be preserved;

5) Property information or credit certificates that provide security for property preservation, or reasons why security is not required;

6) Other matters that need to be specified.

After a legal document takes effect but before entering the enforcement procedure, if a creditor applies for property preservation, the organ that made the effective legal document, the document number, and the main content shall be clearly stated, and a copy of the effective legal document shall be attached.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by the People's Courts.

Article 1: Parties and persons related to Liqing shall submit an application to the people's court and provide relevant evidentiary materials when applying for property preservation.

The application shall contain the following particulars:

2) the subject matter of the request and the facts and reasons on which it is based;

3) The amount requested for preservation or the subject matter of the dispute;

4) Clear information on the property to be preserved, or specific leads on the property to be preserved;

5) Property information or credit certificates that provide security for property preservation, or reasons why security is not required;

6) Other matters that need to be specified.

Where a creditor applies for property preservation after the legal document has taken effect but before entering the enforcement procedure, the drafting organ, document number, and main content of the effective legal document shall be clearly stated, and a copy of the effective legal document shall be attached.

Article 2: People's courts carrying out property preservation are to have the case filing and adjudication bodies make rulings, and they shall generally transfer them to the enforcement bodies for implementation.

Article 3 In the course of arbitration, if a party applies for property preservation, it shall submit the application and the notice of acceptance of the arbitration case to the people's court through the arbitration institution. Where the people's court rules to adopt preservation measures or rules to reject the application, it shall serve the ruling on the parties and notify the arbitration institution.