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Bankruptcy in China

From Wikipedia, the free encyclopedia

Insolvency

Processes
Administration Bankruptcy Chapter 7 (US) CVA Conservatorship Dissolution Examinership IVA Liquidation Provisional liquidation Receivership
Officials
Insolvency practitioner Tribunal Regulatory agency Liquidator Referee in Bankruptcy Trustee in bankruptcy
Claimants
Creditor Preferential creditor Secured creditor Unsecured creditor
Restructuring
Administration (UK) Chapter 11 (US) Cram down Restructuring Scheme of arrangement
Avoidance regimes
Fraudulent conveyance Undervalue transaction Unfair preference Voidable floating charge
Offences
Fraudulent trading Misfeasance Trading while insolvent Wrongful trading
Security
Floating charge Lien Mortgage Second lien loan Security interest
International
Chapter 15 (US) Cross-border insolvency Insolvency Regulation UNCITRAL Model Law
By country
Anguilla Australia BVI Canada Cayman China Hong Kong India Ireland Russia South Africa Switzerland United Kingdom United States
Other
Anti-deprivation rule Bankruptcy alternatives Creditors' rights Chapter 9 (US) Debtor Default Financial distress History of bankruptcy law List of bankrupts Pari passu Pre-packaged insolvency Sovereign default Subordination
v t e

The Enterprise Bankruptcy Law of thePeople's Republic of China (trial Implementation) was first passed in 1986. On 1 June 2007, the new Enterprise Bankruptcy Law of the PRC came into force. It contains 136 articles, almost 100 more than the 1986 law it replaced, and consequently it is thought to be more complete legally.

The Enterprise Bankruptcy Law of the PRC was adopted on August 27, 2006, and became effective since June 1, 2007.

Personal bankruptcy laws only exist in Hong Kong and Shenzhen.^[1]^[2]

The Enterprise Bankruptcy Law of the PRC 2007 applies only to the mainland of China. Due to the "one country, two systems" policy of the PRC, different laws and regulations regarding to bankruptcy apply inHong Kong andMacau.

References

[edit]

^"The Bankruptcy Process In Hong Kong".The New Savvy. 2018-05-19. Retrieved2022-04-07.
^"The Thing about China's First Personal Bankruptcy Regulation - China Justice Observer".www.chinajusticeobserver.com. Retrieved2020-12-19.

External links

[edit]

China's New Bankruptcy Law Archived 2010-02-02 at theWayback Machine
The Enterprise Bankruptcy Law of the People's Republic of China (Trial Implementation)—passed 2 December 1989, effective until 1 June 2007
The Enterprise Bankruptcy Law of the People's Republic of China—passed 27 August 2006, effective 1 June 2007
The full text of the code (Mandarin)http://www.gov.cn/ziliao/flfg/2006-08/28/content_371296.htm

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