企業(yè)破產(chǎn)法word版-資料下載頁(yè)
2025-08-21 17:30本頁(yè)面
【正文】 (2) sale of property at abnormally depressed prices。 (3) securing with property of claims that originally were not secured by property。 (4) early repayment of claims that are not yet due。 and (5) abandonment of the enterprise39。s own claims. With respect to bankrupt enterprises which have mitted acts listed in the previous paragraphs, the liquidation team has the right to apply to the people39。s court to recover the property, which shall be added to the bankruptcy property. Article 36 Complete sets of equipment in the bankruptcy property shall be sold as a whole, and that which cannot be sold as a whole may be sold in parts. Article 37 The distribution plan for the bankruptcy property shall be proposed by the liquidation team, adopted by the creditors meeting and submitted to the people39。s court for judgment before implementation. After the prior deduction of bankruptcy expenses from the bankruptcy property, repayment shall be made in the following order: (1) wages of staff and workers and labour insurance expenses that are owed by the bankrupt enterprise。 (2) taxes that are owed by the bankrupt enterprise。 and (3) bankruptcy claims. Where the bankruptcy property is insufficient to repay all the repayment needs within a single order of priority, it shall be distributed on a prorata basis. Article 38 Upon the pletion of the distribution of the bankruptcy property, the liquidation team shall apply to the people39。s court for the conclusion of the bankruptcy proceedings. After the termination of bankruptcy proceedings, claims that have not been repaid shall no longer be repaid. Article 39 After the conclusion of the bankruptcy proceedings, the liquidation team shall handle the procedures for the cancellation of registration at the original registration authorities of the bankrupt enterprise. Article 40 With respect to bankrupt enterprises that are discovered within one year after the date of the conclusion of the bankruptcy proceedings to have mitted any of the acts listed in Article 35 of this Law, the people39。s court shall recover the property and order repayment in accordance with Article 37 of this Law. Article 41 With respect to bankrupt enterprises that have mitted any of the acts listed in Article 35 of this Law, the legal representative and the directly responsible personnel of the bankrupt enterprise shall be subject to administrative sanctions。 where the acts of the legal representative and the directly responsible personnel of the bankrupt enterprise constitute crimes, criminal responsibility shall be investigated in accordance with the law. Article 42 After an enterprise is declared bankrupt, the government supervisory departments and audit departments are responsible for pinpointing the responsibility for the bankruptcy of the enterprise. Where the legal representative of the bankrupt enterprise bears the major responsibility for the bankruptcy of the enterprise, administrative sanctions shall be applied. Where the superior departments in charge of the bankrupt enterprise bear the major responsibility for the bankruptcy of the enterprise, administrative sanctions shall be applied to the leaders of such superior departments in charge. With respect to the legal representative of the bankrupt enterprise and the leaders of superior departments in charge of bankrupt enterprise who, owing to neglect of duty, caused the bankruptcy of the enterprise, resulting in the major loss of State property, criminal responsibility shall be investigated in accordance with Article 187 of the Criminal Law of the People39。s Republic of China. Chapter VI Supplementary Provisions Article 43 This Law is to be implemented on a trial basis three full months after the Law on Industrial Enterprises with Ownership by the Whole People es into effect, and the specific plans and steps for the trial implementation shall be stipulated by the State Council. 9
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