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Legal Analysis: If a lawsuit has been processed, then the company's litigation records in the court cannot be deleted. The retention period is permanent and will not be deleted, unless otherwise provided by law.
There is no way to erase court files. But the court's case files are kept for a long time. If you want to remove the list of dishonests, please comply with the corresponding legal obligations.
Legal basis: Article 74 of the Company Law of the People's Republic of China In any of the following circumstances, shareholders who vote against the resolution of the shareholders' meeting may request the company to acquire their equity in accordance with a reasonable **:
1) The company has not distributed profits to shareholders for five consecutive years, and the company has made profits for five consecutive years and meets the conditions for distributing profits stipulated in this Law;
2) The merger, division or transfer of the main property of the company;
3) The business period specified in the articles of association of the company expires or other reasons for dissolution specified in the articles of association arise, and the shareholders' meeting passes a resolution to amend the articles of association to make the company exist.
If the shareholder and the company cannot reach an equity acquisition agreement within 60 days from the date of the resolution of the shareholders' meeting, the shareholder may file a lawsuit with the people's court within 90 days from the date of the resolution of the shareholders' meeting.
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First of all, I will tell you that it is possible, the state has already publicly announced the policy documents and press conferences, and eligible enterprises can apply for record removal.
Since the platform gathers a large amount of data, big data analysis can also be used to determine enterprise risks, background checks, customer development, investment references and other purposes. A large number of litigation records reflect the operation and management capabilities and risk characteristics of the target company. The defendant's case is too much, which shows that the company has major performance risks, and may often delay delivery, substandard product quality, habitual arrears and other behaviors.
If there are many cases of the plaintiff, it means that the company's risk control work has many loopholes, and it is necessary to protect its interests through litigation frequently.
Due to the openness of information, a large number of bad records such as litigation records, information on persons subject to enforcement, and administrative penalties will affect the company's brand image and reduce brand trust. To this end, the brand management department will also include the litigation records, information of the person subject to enforcement, and administrative punishment records from public channels into the scope of brand reputation management. It is hoped that this information will be deleted in a timely manner to eliminate adverse effects.
As China's credit management system becomes more and more perfect, a solution to such problems has been found through credit restoration: through coordination and communication with the judicial department, as if going through the road of litigation again, step by step to help enterprises delete the judgment documents, judicial cases, court announcements, case filing information, ** announcements, records of the person subject to enforcement, their own risks, associated risks, historical risks, etc. It has achieved constructive results, enhanced the reputation and trust of the company's brand, cleared the credit barriers for the enterprise, brought new opportunities for cooperation, and dispelled the concerns of introducing senior talents.
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First of all, it is certain that the record of litigation can be expunged! Due to the openness of information, a large number of litigation records, information on the person subject to enforcement, administrative penalties and other bad records will affect the company's brand image, pull down the brand trust, many enterprises have lost orders, seriously affecting market competitiveness, the state has also issued a series of policy documents in this regard to support enterprises to repair the record of untrustworthy behavior, eligible enterprises can apply for record removal. Corporate administrative penalties, judicial records, abnormal lists, blacklists, and negative news can all be eliminated theoretically.
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Legal analysis: 1. Civil cases will not be closed, but will be closed;
2. People's courts applying the summary procedures to hear cases shall conclude trial within three months of the date on which the case is filed;
3. Cases tried by people's courts applying ordinary procedures shall be completed within six months of the date on which the case is filed. If Hu Xu has special circumstances that require an extension of Bi Hui, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 149: People's courts applying ordinary procedures shall conclude trial within six months of the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.
Civil Procedure Law of the People's Republic of China》 Article 161: People's courts applying the summary procedures to hear cases shall complete trial within three months of filing the case.
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Legal analysis: It takes five years to eliminate the statement that it is included in the list of dishonest people by the court, and the bad record on the personal credit report of the central bank can be revoked only after the judgment is fulfilled, and it will be retained for 5 years from the date of termination of the bad behavior or event. This 5-year period starts from the actual repayment date, not the due date, that is, after the loan is paid off, the overdue record of more than 5 years will be automatically eliminated.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 286: Where juvenile offenders were under the age of 18 at the time of sealing and checking their criminal records, and were sentenced to up to five years imprisonment, the relevant criminal records shall be sealed. Where criminal records have been sealed, they must not be provided to any unit or individual, except where judicial organs are needed to handle the case or where relevant units conduct inquiries in accordance with state provisions.
Units conducting inquiries in accordance with law shall keep confidential the circumstances of the sealed criminal records.
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Summary. Dear, hello, I am happy to answer for you The elimination cycle of litigation records is about one month, and the premise of elimination is that the case has been concluded (there is a certificate of closure or settlement certificate), and the criminal case cannot be repaired.
Dear, hello, I am happy to answer for you The prosecution and return record are eliminated in about a month, and the premise of elimination is that the case has been closed (there is a certificate of closure or settlement), and the criminal case cannot be repaired.
Legal analysis: However, if the record of civil litigation will not be eliminated, the judgment of a civil litigation case can generally be found and destroyed on the judgment document network, and civil litigation refers to the activities in which the parties file and accept the case with the participation of both parties and other participants in the litigation, and the people's court hears and resolves the case.
Legal basis: Article 2 of the Civil Procedure Law of the People's Republic of China The task of the Civil Procedure Law of the People's Republic of China is to protect the parties in exercising their procedural rights, ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, hear civil cases in a timely manner, confirm the relationship between civil rights and obligations, sanction civil violations, protect the legitimate rights and interests of the parties, educate citizens to consciously abide by the law, maintain social and economic order, and ensure the smooth progress of socialist construction.
Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there
If a company has a lawsuit, it can erase the litigation record for a long time after the case is closed.
If it is a general corporate lawsuit, the record will be erased in about a month.
Is it necessary to apply to the court for expungement?
It was the court that made a judgment, and it was fulfilled.
My company's lawsuit two years ago has been fulfilled but there are still traces?
Yes, you need to apply to the court.
Although the kiss has been fulfilled, there will still be a record, and it will show that the case has been closed.
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Legal analysis: If the judgment defaulter closes the case, it is generally based on the application of the parties, and can be deleted within 3-5 working days after the application is accepted. As long as the dishonest person fulfills the debt, the party concerned may apply for deletion from the list of dishonesty.
After review, the task of the general court is to apply for compliance with the regulations, and will approve the deletion according to the process, and determine the deletion to the deletion, which can be completed in about 1-2 days.
Legal basis: "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Article 10: In any of the following circumstances, the People's Court shall delete the information on untrustworthiness within 3 working days:
1) The person subject to enforcement has performed the obligations determined in the effective legal documents or the people's court has completed enforcement;
2) The parties have reached an enforcement settlement agreement and the performance has been completed;
3) Where the person applying for enforcement applies in writing to delete information on untrustworthiness, and the people's court reviews and agrees;
4) After the current enforcement procedures are concluded, the person subject to enforcement is inquired into the assets of the person subject to enforcement through the online enforcement inspection and control system two or more times, and no property available for enforcement is found, and the person applying for enforcement or other persons does not provide effective property leads;
5) Due to trial supervision or bankruptcy procedures, the people's court rules in accordance with law to suspend enforcement of the person who has quietly defaulted on enforcement.
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First of all, it is certain that the record of litigation can be expunged! Due to the openness of information, a large number of litigation records, information on the person subject to enforcement, administrative penalties and other bad records will affect the company's brand image, pull down the brand trust, many enterprises have lost orders, seriously affected the market competitiveness, the state has also issued a series of policy documents in this regard, slag shed to support enterprises to repair the record of untrustworthy behavior, eligible enterprises can apply for record removal. If the enterprise is cracked, administrative penalties, judicial records, abnormal lists, blacklists, and negative news can theoretically be eliminated.
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Legal Analysis: The original records cannot be eliminated unless the original files are found and destroyed, which is generally very tightly kept, and it is possible to do so by special illegal means. Normal application is not possible.
The records in the public security organs' networked system are also tightly managed. In addition to the original record, such as the personal criminal record in the personal file, it is possible to expunge, that is, the record is not put in, or it is withdrawn.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 286: After a people's court accepts an application for compulsory treatment, it shall form a collegial panel to conduct trial.
People's courts hearing compulsory treatment cases shall notify the legally-designated person of the subject of the application or defendant to appear. Where the subject of the application or defendant has not retained a litigant, the people's court shall notify the legal aid institution to appoint a lawyer to provide them with legal assistance.
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