What to do if you owe money for business failure insurance, what to do about insurance company failu

A limited liability company owes debts to all creditors up to its registered capital. According to the Company Law, the company and its shareholders, the company and the legal representative and other senior management personnel are all independent entities in law, and the shareholders have completed their obligations after making capital contributions to the company. For the debts and bankruptcy of ****, shareholders or executives generally do not need to be repaid personally, unless these people provide a guarantee for the company's debts, or they are withdrawn from the company, transfer funds, evade debts, etc., in these exceptional circumstances need to be borne, strictly speaking, the guarantee needs to be repaid by private property, which is the guarantee responsibility, and the transfer of funds from the company only needs to return the company's money to the company, and these funds are originally the company's rather than private property.

In accordance with the bankruptcy procedure, creditors shall be notified and announced to register their claims. If the proceeds from the disposal of the company's general property (non-collateral) are insufficient to repay all debts after deducting bankruptcy expenses, employee salaries, settlement expenses, and taxes, the general creditors shall be repaid in proportion. The remaining debt repayment shall be distributed by all shareholders in accordance with the proportion of capital contribution or the articles of association of the company.

Claims that have not been registered after 45 days from the date of announcement may not be repaid. Legal basis: Article 3 of the Company Law of the People's Republic of China A company is an enterprise legal person, with independent legal person property and the right to enjoy legal person property.

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.

There are two main parts:

Clause. 1. Before bankruptcy acceptance.

The social security before bankruptcy acceptance shall be liquidated by the liquidation group as bankruptcy creditor's rights. Among them, the basic endowment insurance should be included in the personal account of the employee, and the basic medical insurance should be included in the personal account of the employee, which belongs to the priority repayment of the creditor's rights (in the same order as the salary), and generally speaking, the part of the expenses is paid in full after the bankruptcy of the enterprise. If the individual has paid part of the payment (you can go to the social security institution to inquire, some provinces and cities can be checked online), in a general sense, in principle, retirement will not affect the receipt of pension insurance!

Because the social co-ordination part of the pension insurance is relatively backward, the probability of repayment is not large, and it depends on the specific situation of the enterprise's loss.

Clause. 2. Social insurance after bankruptcy acceptance.

The social insurance expenses after the bankruptcy acceptance are bankruptcy expenses and shall be paid by the liquidation group to the social security institution in full and timely on a monthly basis, which shall include all insurances.

Legal analysis: As long as it is a regular insurance company approved by the Insurance Regulatory Commission, even if it goes bankrupt, the policies that have been insured will not be affected. If the CIRC appoints another insurer to take over the offer, the insured will still be covered by the terms of the policy.

Therefore, consumers do not have to worry about whether the insurance company is big or small, and they do not have to worry about the adverse impact of the company's bankruptcy on the protection when applying for insurance. The key is to see if the content of the insurance clause can meet your needs.

Legal basis: Article 92 of the Insurance Law of the People's Republic of China If an insurance company engaged in life insurance business is revoked or declared bankrupt in accordance with law, the life insurance contract and liability reserve held by it must be transferred to other insurance companies that operate life insurance business; If it is not possible to reach a transfer agreement with other insurance companies, the insurance company designated by the insurance regulatory authority to operate life insurance business shall accept the transfer. If the transfer or the insurance regulatory authority designates to accept the life insurance contract and liability reserve stipulated in the transfer period, the legitimate rights and interests of the insured and the beneficiary shall be safeguarded.

According to the Insurance Law of the People's Republic of China:

Article 89.

If an insurance company needs to be dissolved due to division or merger, or dissolved by resolution of the shareholders' meeting or general meeting of shareholders, or if the reasons for dissolution stipulated in the articles of association of the company occur, it shall be dissolved after the approval of the insurance regulatory authority. Insurance companies engaged in life insurance business shall not be dissolved except due to division, merger or revocation in accordance with law. When an insurance company is dissolved, a liquidation team shall be established in accordance with law to conduct liquidation.

Article 90. If an insurance company has any of the circumstances specified in Article 2 of the Enterprise Bankruptcy Law of the People's Republic of China, with the consent of the insurance regulatory authority, the insurance company or its creditors may apply to the people's court for reorganization, reconciliation or bankruptcy liquidation in accordance with the law; The insurance regulatory authority may also apply to the people's court for reorganization or bankruptcy liquidation of the insurance company in accordance with the law.

Article 91.

The bankruptcy estate shall be paid off in the following order after the bankruptcy expenses and common debts have been paid off on a priority basis:

1) The wages and medical treatment, disability allowance and bereavement expenses owed to the employees, the basic endowment insurance and basic medical insurance expenses that should 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) Compensation or payment of insurance money;

3) Social insurance premiums and taxes owed by insurance companies other than those provided for in subparagraph (1);

4) 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 an insolvent insurance company shall be calculated on the basis of the average salary of the employees of the company.

Article 92.

If an insurance company engaged in life insurance business is revoked or declared bankrupt in accordance with the law, the life insurance contract and liability reserve held by it must be transferred to another insurance company engaged in life insurance business; If the transfer agreement cannot be reached with other insurance companies, the insurance company designated by the insurance regulatory authority to operate life insurance business shall accept the transfer.

If the transfer or the insurance regulatory authority designates to accept the life insurance contract and liability reserve provided for in the preceding paragraph, the legitimate rights and interests of the insured and the beneficiary shall be safeguarded.

First of all, the bankruptcy of an insurance company does not mean that the insurance contract is invalid. Once the insurance company fails, the insured's contract is transferred to another operating insurance company. To protect the legitimate rights and interests of the insured, do not change the content of the insurance contract, and if the accident falls within the scope of insurance liability, the insurance product shall be compensated.

Secondly, an insurance policy does not mean that an insurance company is responsible for claims.

First, the actual capital of the insurance company far exceeds the maximum sail attack risk of the insured event; Secondly, the user signs a contract with the insurance company, and the insurance company also insures itself and signs a contract with the reinsurance company. The purpose is for reinsurers to settle claims for the insured in the event of the insurer's insolvency.

Finally, the failure of an insurance company does not mean that it will not be able to pay.

If the insurance company is revoked or declared bankrupt, it shall pay insurance protection** to the policyholder, insured or beneficiary and provide assistance; Insurance companies provide relief.

To sum up, Legal Insurance Consulting recommends that you buy insurance for leather car chains with peace of mind. When an insurance company goes bankrupt, the insured's insurance policy is also processed, so the insured doesn't have to worry about losing money and not being able to make a claim. If you don't have a special insurance officer, you can try the claims package of legal insurance consulting, which is very cost-effective, can help you sort out the context of the whole case, give you professional advice, and just do it.

When many people buy insurance, they will wonder if the insurance company has gone bankrupt and the insurance they bought there will not be able to make a claim. It is recommended that you read this article thoroughly first, and you will find that such concerns are superfluous: is it true that everyone says that insurance companies will not fail?

Let's analyze whether the insurance company will be easy to fail, and what should I do if my insurance goes bankrupt?

One. Are insurance companies prone to failure?

Insurance companies are not prone to failure.

First of all, we must be clear about the conditions for the establishment of an insurance company: the registered capital is not less than 200 million yuan; The reputation of the shareholders is good and the industry background is relatively clean; And there is no lack of systematic corporate management mechanism. It is understandable that not all companies can act as an insurance company; The conditions under which it was established also made it difficult for insurance companies to fail.

Second, the China Banking and Insurance Regulatory Commission strictly regulates insurance companies. The China Banking and Insurance Regulatory Commission (CBIRC) is a department of the state and is authoritative; It has been monitoring the insurance company's claims and claims, etc.; Monthly, quarterly, and annual reviews are never sloppy.

After all, once the insurance contract is signed, the claims conditions will be protected by law, so don't worry about not being able to settle the claim, we need to see the terms in the insurance contract; In order to allow you to identify the pitfalls in the contract, I also help you sort out an article about the pitfalls in the insurance contract, you can read it carefully: identify the pitfalls in the insurance contract!

Two. If it does go out of business, what about insurance?

To be honest, after the reform and opening up, at present, there are more than 160 insurance companies in our country, and there have been no bankruptcies during this period. If it is really a business problem, and the insurance company where the policy you purchased is about to face bankruptcy, you don't have to worry too much, the state will also take over the matter: our policy will still be given to other insurance companies that are willing to take over; If no insurance company comes out to take over, the state will also force an insurance company with relatively strong strength to take over.

Even if such an extreme situation does happen; You can rest assured that our coverage is still valid.

Finally, I would like to share with you the latest solvency list of insurance companies, and it is clear at a glance whether insurance companies can afford to pay or not! In the latest solvency rankings in 2021, which company is the most compensable?

Except as provided for in the Insurance Act, insurance companies that operate life insurance business cannot be dissolved, so as to ensure that your policy does not become "waste paper" at all times.

First of all, because China has strict reviews of the establishment and operation of insurance companies, insurance companies generally do not go bankrupt easily (no insurance company in China has failed). Even if the insurance company fails, the policy will be passed on to another insurance company that is willing to take over. Even if no insurance company is willing to take over, the CBIRC will appoint a strong insurance company to take over the policy.

In our country, insurance companies will not go bankrupt easily, and if this is the case, the company's policy will also be transferred to the company that takes over, and they will continue to fulfill the insurance contract. Even if there is no company to take over, the CBIRC will also send a company to take over, so we don't have to worry too much.

What happens if the insurance company goes bankrupt after buying insurance?

The insurance company went out of business, but the policy was still valid. First of all, no insurance company in China has ever failed; Secondly, in the event of bankruptcy, there may be two places for the insurance policy in our hands: an insurance company will take over; Arrange a strong insurance company to take over.

In short, the insurance policy in hand will continue to be in force, and the contract will be executed according to the original provisions.

Will insurance companies fail? Will your policy become 1 piece of waste paper?

Regardless of whether it is a large insurance company or a small insurance company, as long as it is a formal insurance company approved by the CIRC, even if it goes bankrupt, the insured policy will not be affected, and the CIRC will appoint another insurance company to take over, and the insured can still enjoy the corresponding protection in accordance with the terms of the policy.

Therefore, when consumers apply for insurance, they should not be entangled in whether the insurance company is big or small, and they do not have to worry about the adverse impact of the company's bankruptcy on the protection, and the key is to see whether the content of the insurance clause can meet their insurance needs.

Article 85 of the Insurance Law stipulates that an insurance company engaged in life insurance business shall not be dissolved except for division or merger. So you can rest assured, the terms should be how or how they are, the CIRC is responsible for supervision, there will be no problem! The investment channels of insurance companies are all stipulated in the Insurance Law, such as the purchase and sale of ** bonds, financial bonds and other forms of capital use stipulated in the insurance law.

Generally, insurance companies will have a large amount of agreement deposits with the bank, and they will definitely invest in money-making projects, so don't worry too much about this, don't listen to the salesman for good or bad insurance, although many terms are good, but it's best to look at the terms yourself. There is also the issue of the insurance law, the insurance law has been amended again, and the new insurance law will come into effect on October 1, and many provisions are more beneficial to policyholders, so please rest assured!

When you buy insurance, you will wonder if the insurance company has gone bankrupt and whether the insurance you bought there is invalid. Let's analyze whether insurance companies are prone to failure? What happens if my policy goes out of business?

Don't worry, if you're in a hurry, let's take a look at this little trick for choosing a company:"When we look at insurance companies, what do we really look at? 》

1. Is it easy for insurance companies to fail?

Insurance companies are not prone to failure.

Let's first take a look at the establishment conditions of an insurance company: registered capital.

not less than $200 million; Shareholders are in good standing and have a clean background; It is necessary to have a strict corporate management mechanism. It can be clear that of course, not all companies can become insurance companies; Therefore, the insurance companies established in this way are not ordinary and are not easy to fail.

and, the China Banking and Insurance Regulatory Commission.

Strict regulation. Insurance company. As a state department, the China Banking and Insurance Regulatory Commission is authoritative; It has been monitoring the insurance company's claims and claims, etc.; Monthly, quarterly, and annual reviews are strictly supervised.

2. What about insurance if it really goes out of business?

To be honest, since the reform and opening up, there have been more than 160 insurance companies in our country so far, and there have been no bankruptcies during this period. If it is really a bad operation, and the insurance company where the policy you purchased is about to face bankruptcy, you don't have to worry, the state will help our policy not to be affected.

Our policies will be passed on to other companies that are willing to accept the merger and reorganization; If no insurance company comes out to take over, the state will also force an insurance company with relatively strong strength to take over. Even if this kind of thing happens with a very low probability; Our protection is still valid, so rest assured.

Many friends are still worried about the issue of claims, but there is no need to worry, because once the insurance contract is signed, then the contract will be protected by law.

Don't worry about not being able to settle the claim, what we need to do is to read the contract carefully.

[Written at the end].

I am [Xueba Says Insurance Macro Buried in the Dust], focusing on objective, professional, neutral and Zen insurance evaluation;

I will give you the most professional advice with years of experience in configuring insurance for 10w+ families.