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What Happens to a Chinese Enterprise’s management if It Goes Bankruptcy?-CTD 101 Series

Thu, 03 Nov 2022
Contributors: Meng Yu 余萌
Editor: C. J. Observer

The management of the enterprise shall cooperate with the bankruptcy administrator and may be prohibited from serving as executives of other enterprises.

This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection. We will explain how debt collection works in China below.

From the date when the court’s ruling on the acceptance of the bankruptcy application is served on the debtor to the date of the termination of the bankruptcy procedures, its legal representative, the financial management personnel, and other business management personnel of the enterprise as determined by the court shall assume the following obligations:

(1) Properly keep the assets, seals, account books, documents, and other materials in their possession and management;

(2) Carry out work as requested by the court or the administrator, and answer their inquiries truthfully;

(3) Attend the creditors’ meetings and answer their inquiries truthfully;

(4) Remain at the place of domicile and shall not leave without permission from the court; and

(5) Shall not accept any new directorship, supervisory or senior management appointments with another enterprise.

The director, factory director manager of an enterprise liable for the bankruptcy of his/her enterprise shall not act as a director, supervisor or senior management personnel of any enterprise within three years from the termination of bankruptcy liquidation.



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Photo by Yufeng Fei on Unsplash

Contributors: Meng Yu 余萌

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