What is the impact on the company if the company is enforced

Updated on society 2024-07-15
3 answers
  1. Anonymous users2024-02-12

    Legal analysis: The consequences of enforcement will depend on whether the company subject to enforcement can take the initiative to perform

    1. If the company subject to enforcement can consciously perform within the time specified by the court, it will generally not have any impact.

    2. If it is not consciously performed, the court may seal, seize, freeze and dispose of the property of the company subject to enforcement. If enforcement still cannot be completed, all account books, official seals, financial seals, etc., of the company subject to enforcement may be sealed or seized, and enforcement measures such as adding the company subject to enforcement to the list of judgment defaulters and detaining the legal representative may be employed, seriously affecting the future production and operation of the company subject to enforcement.

    Legal basis: Article 245 of the Civil Procedure Law: When a people's court seals or seizes property, if the person subject to enforcement is a citizen, it shall notify the person subject to enforcement or his adult family members to appear; Where the person subject to enforcement is a legal person or other organization, their legally-designated representative or principle responsible person shall be notified to appear. Where they refuse to appear, enforcement is not impacted.

    Where the person subject to enforcement is a citizen, the basic level organization where their work unit or property is located shall send people to participate.

    For property that has been sealed or seized, the executor must make a list, and after the person present signs or affixes a seal, give a copy to the person subject to enforcement. If the person subject to enforcement is a citizen, he may also give a copy to his adult family members.

  2. Anonymous users2024-02-11

    1. What is the impact of the company's enforcement on the company?

    1. What is the impact of the company's enforcement on the company, depending on the situation:

    1. If the company subject to enforcement can consciously perform within the time specified by the court, it will generally not have any impact.

    2) If it is not consciously performed, the court may seal, seize, freeze and dispose of the property of the company subject to enforcement, which will seriously affect the future production and operation of the company subject to enforcement.

    2. Legal basis: Article 257 of the Civil Procedure Law of the People's Republic of China.

    Where the court president forcibly moves out of the house or forcibly withdraws from the land, the court president shall issue a public notice ordering the person subject to enforcement to perform within the specified period. If the person subject to enforcement fails to perform within the time limit, the executor shall enforce it.

    At the time of compulsory enforcement, if the person subject to enforcement is a citizen, the person subject to enforcement or his adult family members shall be notified to appear; Where the person subject to enforcement is a legal person or other organization, their legally-designated representative or principle responsible person shall be notified to appear. Where they refuse to appear, enforcement is not impacted. Where the person subject to enforcement is a citizen, their work unit or the basic-level organization where the house or land is located shall send people to participate.

    The executive shall record the situation of compulsory execution in the record, and the person present shall sign or affix a seal.

    The people's court is to appoint someone to transport the property that has been forcibly removed from the house to the designated place and hand it over to the person subject to enforcement. If the person subject to execution is a citizen, it can also be handed over to his adult family members. The losses caused by the refusal to accept shall be borne by the person subject to enforcement.

    2. How to deregister the company during the enforcement period.

    During the enforcement period, the company is deregistered in the following ways:

    1. Take the initiative to declare creditor's rights at the time of liquidation;

    2. When applying for compulsory enforcement, the person subject to enforcement shall be changed to the entity that inherits the creditor's rights and debts of the original company subject to enforcement.

  3. Anonymous users2024-02-10

    The consequence of the company's compulsory enforcement is that the court has the right to inquire about its property such as ** and ** shares from the relevant units, and can seize, freeze, transfer and sell its property, but the scope of the property to be enforced cannot exceed the scope of the company's obligations.

    Legal basis: Article 242 of the Civil Procedure Law of the People's Republic of China: If the person subject to enforcement fails to perform the obligations determined in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares.

    The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform. When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

    Article 244:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

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