中华人民共和国企业破产法英文版2.docx

1、中华人民共和国企业破产法英文版2中华人民共和国企业破产法英文版 _2008-12-23 12:51:51Law of the Peoples Republic of China on Enterprise Bankruptcy (2006)Order of the President of the Peoples Republic of China No. 54The Law of the Peoples Republic of China on Enterprise Bankruptcy, which has been adopted at the 23rd meeting of the S

2、tanding Committee of the 10th National Peoples Congress of the Peoples Republic of China on August 27, 2006, is hereby promulgated and shall come into force as of June 1, 2007. Hu Jingtao, President of the Peoples Republic of China August 27, 2006Law of the Peoples Republic of China on Enterprise Ba

3、nkruptcy (2006) (Adopted at the 23rd meeting of the Standing Committee of the 10th National Peoples Congress of the Peoples Republic of China on August 27, 2006) Table of Contents Chapter I General Provisions Chapter II Application and Acceptance Section I Application Section II Acceptance Chapter I

4、II Custodian Chapter IV Assets of Debtors Chapter V Bankruptcy Expenses and Community Debts Chapter VI Declaration of the Creditors Rights Chapter VII The Meeting of Creditors Section I Common Provisions Section II Committee of Creditors Chapter VIII Rectification Section I Application for and Perio

5、d of Rectification Section II Formulation and Approval of a Rectification Plan Section III Implementation of a Rectification Plan Chapter IX Reconciliation Chapter X Bankruptcy Liquidation Section I Bankruptcy Declaration Section II Conversion and Distribution Section III Termination of the Procedur

6、es for Bankruptcy Chapter XI Legal Liabilities Chapter XII Supplementary Provisions Chapter I General Provisions Article 1 The present Law is formulated to regulate the procedures of enterprise bankruptcy, fairly liquidate the credits and debts, safeguard the legitimate rights and interests of credi

7、tors and debtors and maintain the market order of the socialist economy. Article 2 Where an enterprise legal person fails to pay off its debts, and that if its assets are not enough to pay off all the debts or if it is obviously incapable of paying off its debts, its debts shall be liquidated in acc

8、ordance with the provisions of the present Law. Where an enterprise legal person is under the aforesaid circumstance or it is obviously likely that it is incapable of paying off its debts, it may be subject to rectification in accordance with the provisions of the present Law. Article 3 The bankrupt

9、cy case shall be under the jurisdiction of the peoples court where the relevant debtor is domiciled. Article 4 Where the procedures for hearing a bankruptcy case are not prescribed in the present Law, they shall be subjected to the relevant provisions of the Civil Procedure Law. Article 5 The proced

10、ures for bankruptcy, which have been initiated according to the present Law, shall have binding force upon the assets of relevant debtors outside of the territory of the Peoples Republic of China. Where any legally effective judgment or ruling made by a foreign court over a bankruptcy case involves

11、any debtors asset within the territory of the Peoples Republic of China, if the debtor applies with or requests the peoples court to accept or execute it, the peoples court shall, in light of the relevant international treaties that China has concluded or joined or the principles of reciprocity, car

12、ry out an examination thereon and, when holding that it does not violate the basic principles of the laws of the Peoples Republic of China, does not damage the sovereignty, safety or social public interests of the state, does not damage the legitimate rights and interests of the debtors within the t

13、erritory of the Peoples Republic of China, accept and execute the judgment or ruling. Article 6 When hearing a bankruptcy case, the peoples court shall guarantee the legitimate rights and interests of the employers in the insolvent enterprise and investigate its administrators legal liabilities. Cha

14、pter II Application and Acceptance Section I Application Article 7 A debtor, under the circumstance as prescribed in Article 2 of the present Law, may file an application with the peoples court for rectification, reconciliation or bankruptcy liquidation. Where the debtor fails to pay off its due deb

15、ts, the creditor may file an application with the peoples court for rectification or bankruptcy liquidation. Where an enterprise legal person has been dissolved without any liquidation or without completing the liquidation, and the relevant assets are not enough to pay off the debts, the person liab

16、le for liquidation shall apply with the peoples court for bankruptcy liquidation. Article 8 When applying for bankruptcy, an Application for Bankruptcy and the related evidences shall be submitted to the peoples court: The following items shall be indicated in the Application for Bankruptcy: (1) Basic introduction of the a