After the bankruptcy of a state owned enterprise, does the competent authority bear civil legal liab

In accordance with the Companies Act.

The company is a legal person organization, and the competent department does not bear the corresponding responsibility.

The official website shall prevail.

The enterprise is an independent legal entity, and the competent department does not bear the corresponding responsibility.

Generally speaking, no.

The significance of bankruptcy legal liabilityBankruptcy legal liability is a sanction mechanism established by law to maintain the bankruptcy legal order and curb bankruptcy violations. The so-called bankruptcy legal order refers to the order of fair repayment, the order of protection of rights and other social and economic orders required and guaranteed by the bankruptcy law. The so-called bankruptcy violations refer to acts that obstruct fair repayment, damage the legitimate rights and interests of the parties, especially creditors, and obstruct the social and economic order.

Sanctions for bankruptcy violations, including procedural coercive measures and criminal penalties, have a long history in the history of bankruptcy law. The legislative trend in modern countries has been to strengthen sanctions for insolvency violations, whether the relevant sanctions are provided for in or outside the insolvency law.

II. Legal Liability of the Debtor1 Legal Responsibility of the Management for Causing the Bankruptcy of the Enterprise. In order to strengthen the investigation of the responsibility of senior executives who are at fault for causing the bankruptcy of an enterprise, Article 125 of the Bankruptcy Law stipulates that if a director, supervisor or senior manager of an enterprise violates the duty of loyalty or diligence, resulting in the bankruptcy of the enterprise, he shall bear civil liability in accordance with the law. At the same time, it is stipulated that such persons shall not serve as directors, supervisors or senior managers of any enterprise for three years from the date of the conclusion of bankruptcy proceedings.

The latter paragraph stipulates that the liability for limitation of qualifications is a special restriction on the right of a natural person under the special civil law. A similar provision is found in section 150 of the Companies Act. 2 Legal liability for breach of obligations in bankruptcy proceedings.

In order to urge the relevant personnel of the debtor to earnestly perform the relevant obligations stipulated in Article 15 of the Bankruptcy Law, Article 126 stipulates that if the relevant personnel of the debtor who are obliged to attend the creditors' meeting as non-voting delegates refuse to attend the creditors' meeting without justifiable reasons after being summoned by the people's court, the people's court may be summoned by the people's court and may impose a fine. If the debtor's relevant personnel violate the provisions of the bankruptcy law by refusing to make a statement, or making false statements, the people's court may impose a fine. Article 127 stipulates that if the debtor, in violation of the provisions of the Bankruptcy Law, refuses to submit to the people's court an untrue statement of property status, a list of debts, a list of creditor's rights, relevant financial and accounting reports, as well as the payment of wages and social insurance premiums, the people's court may impose a fine on the person directly responsible in accordance with law.

If the debtor violates the provisions of the Bankruptcy Law by refusing to hand over property, seals, account books, documents and other materials to the administrator, or falsifying or destroying relevant property evidence materials and making the status of the property unclear, the people's court may impose a fine on the person directly responsible in accordance with law. Article 129 stipulates that if a relevant person of the debtor violates the provisions of the Bankruptcy Law and leaves the place of domicile without authorization, the people's court may punish him or detain him, and may impose a fine in accordance with the law. 3. Legal liability for fraudulent bankruptcy.

In order to curb all kinds of fraudulent bankruptcy practices, article 128 of the bankruptcy law stipulates that the debtor has a bankruptcy residual law.

3l. If the specified acts harm the interests of creditors, the legal representative of the debtor and other persons directly responsible shall be liable for compensation in accordance with law.

Legal analysis: The company is a legal person organization, and the civil liability of the company should be borne by the assets of the company, so the debts after bankruptcy are repaid by the company's assets. In bankruptcy, only limited compensation is undertaken, and the registered capital is the bottom line for debt compensation.

If the enterprise goes bankrupt, the bankruptcy property of the enterprise shall be used to repay the debts owed. If the bankrupt enterprise has no property to repay, the debts shall be extinguished.

Legal basis: Company Law of the People's Republic of China

Article 3 The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the debts of the company with all its property. The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

Article 186 After liquidating the company's assets 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. The company's property is distributed according to the proportion of shareholders' capital contributions, and the shares are distributed according to the proportion of shares held by shareholders. During the liquidation period, the company shall continue to exist, but shall not carry out business activities unrelated to the liquidation of the company.

The company's property shall not be distributed to shareholders until it is repaid in accordance with the provisions of the preceding paragraph.

Enterprise Bankruptcy Law of the People's Republic of China

Article 107 Where a people's court declares a debtor bankrupt in accordance with the provisions of this Law, it shall deliver it to the debtor and the administrator within 5 days from the date of making the ruling, and notify the known creditors within 10 days from the date of the ruling, and make a public announcement.

After the debtor is declared bankrupt, the debtor is called the bankrupt, the debtor's property is called the bankruptcy estate, and the creditor's rights enjoyed by the people's court against the debtor when accepting the bankruptcy application are called bankruptcy claims.

Article 113 The bankruptcy estate shall, after giving priority to the repayment of bankruptcy expenses and common debts, pay off in the following order:

1) The wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses that shall be transferred to the personal accounts of the employees, and the compensation that shall be paid to the employees according to laws and administrative regulations;

2) 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;

3) Ordinary bankruptcy creditor's rights.

If the bankruptcy estate is insufficient to satisfy the claims in the same order, it shall be distributed proportionately.

The salaries of directors, supervisors and senior managers of a bankrupt enterprise shall be calculated on the basis of the average wages of the employees of the enterprise.

First, the front. The company is a legal person organization, and the company is civilly liable.

It should be borne by the company's assets, so the debts are paid by the company's assets after bankruptcy. bankruptcy, only to bear limited compensation to the registered capital.

Bottom line for debt compensation. If the enterprise goes bankrupt, the bankruptcy property of the enterprise shall be used to repay the debts owed. If the bankrupt enterprise has no financial spillage and grandchildren to repay the property, the debts shall be extinguished.

2. Detailed analysis.

If the enterprise goes bankrupt, the bankruptcy property of the enterprise shall be used to repay the debts owed. The company is revoked, and the way to deal with it is that the company needs to set up a liquidation group and notify creditors first. and make an announcement, and then prepare a balance sheet.

and property list, formulate a liquidation plan, and then in accordance with the adopted liquidation plan, liquidate, and then make a liquidation report, and finally register and cancel according to law.

2. What are the procedures and materials for the bankruptcy declaration of state-owned companies?

Process: 1. Enter the bankruptcy liquidation procedure, establish a liquidation group, take over the bankrupt enterprise, audit the financial audit of the bankrupt enterprise, and liquidate and liquidate the bankruptcy property;

2. Formulate a bankruptcy property distribution plan and a bankruptcy liquidation report;

3. 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. The declaration of the right to apply for creditor's rights shall clearly state the specific content, nature, project, requirements, whether there is security or not, the relevant evidence and time for the establishment of the creditor's rights, and whether the specified statute of limitations has been exceeded; Creditors declaring creditor's rights shall submit proof of creditor's rights and legal and valid identity certificates;

4. **The declarant shall submit the client's valid identity certificate and power of attorney.

and proof of creditor's rights. If the declared creditor's rights are secured by property, evidence proving the security of the property shall be submitted.

For a state-owned enterprise to apply for bankruptcy, the debtor or enterprise legal person needs to file a bankruptcy application with the court, and the court will decide whether to accept the bankruptcy application materials after hearing and submitting the bankruptcy application materials, and make an announcement after acceptance. The bankruptcy debts of state-owned enterprises shall be borne by the assets of the company, and the corresponding shareholders and legal persons shall bear the responsibility if there is a withdrawal of funds.

For a state-owned enterprise to apply for bankruptcy, the debtor or enterprise legal person needs to file a bankruptcy application with the court, and the court will decide whether to accept the bankruptcy application materials after hearing and submitting the bankruptcy application materials, and make an announcement after acceptance. The bankruptcy debts of state-owned enterprises shall be borne by the assets of the company, and the corresponding shareholders and legal persons shall bear the responsibility if there is a withdrawal of funds.

1. The process of applying for bankruptcy of state-owned enterprises

The process for filing bankruptcy for a state-owned enterprise is as follows:

1.When a state-owned enterprise becomes insolvent and has no hope of turning losses into profits, the debtor or the enterprise legal person may apply to the people's court for bankruptcy liquidation in accordance with the law, and must submit a bankruptcy application and relevant evidence;

2.The people's court shall notify the debtor within five days from the date of receipt of the bankruptcy application. If the debtor has any objection to the application, it shall submit it to the people's court within seven days from the date of receipt of the notice from the people's court. The people's court shall rule on whether to accept the objection within 10 days of the completion of the objection period.

3.After the people's court accepts the bankruptcy application, the debtor or property holder of the debtor shall pay off the debts or deliver the property to the administrator;

4.After accepting the bankruptcy application, the people's court shall determine the time limit for the creditor to declare the creditor's rights. The time limit for declaration of creditor's rights shall be calculated from the date on which the people's court issues the announcement of acceptance of the bankruptcy application, and shall not be less than 30 days and shall not exceed 3 months at the longest.

5.The administrator shall, within 10 days from the date of the conclusion of the bankruptcy proceedings, apply for cancellation of registration with the original registration authority of the bankrupt person with the ruling of the people's court to terminate the bankruptcy proceedings.

2. Who bears the bankruptcy debts of state-owned enterprises

The company is a legal person organization, and the civil liability of the company should be borne by the company's assets, so the bankruptcy debts of state-owned enterprises are repaid by the company's assets. In bankruptcy, only limited compensation is undertaken, and the registered capital is the bottom line of debt compensation. If the enterprise goes bankrupt, the bankruptcy property of the enterprise shall be used to repay the debts owed.

Reminder: If the bankrupt enterprise has no property to repay, the debt will be extinguished.

3. What are the conditions for applying for bankruptcy of state-owned enterprises?

The debtor's application for bankruptcy is conditional on the consent of the competent authority at a higher level, which is in the case of state-owned enterprises. This is because the owner of a state-owned enterprise is the state, and the higher-level authorities have the power to exercise ownership on behalf of the state. This is similar to the need for the consent of the owner of a non-state-owned silver key enterprise to file for bankruptcy as a debtor.

A company's voluntary application for bankruptcy, like the dissolution of the company, is a major matter related to the survival of the company and the gains and losses of shareholders' rights and interests, and should also be handled accordingly.

Paragraph 1 of Article 8 of the Enterprise Bankruptcy Law of the People's Republic of China stipulates that "the debtor may, with the consent of the competent authority at a higher level, apply for a declaration of bankruptcy. ”