Beijing court "handling bankruptcy" 5.0 version reform policy quick view

Reform background

In October 2021, the State Council issued the "Opinions on the Pilot Work of the Innovation of Business Environment", authorizing six cities including Beijing to take the lead in carrying out first trial reforms.

Since November 2021, Beijing has successively introduced the "Beijing Cultivation and Stimulation of the Implementation of the Business Environment" and "Implementation Plan on the Pilot Work of the Beijing Business Environment Innovation Pilot Work". The above two plans are used as Beijing as Beijing. The fifth concentrated business environment reform policy is called version 5.0 reform.

Among them, more than 30 reform tasks undertaken by the Beijing Court have reached more than 30 items, involving the difficulties of enterprises such as small and medium -sized enterprises' judicial rescue, pre -reorganization system construction, reorganized corporate credit restoration, manager performance guarantee, and the difficulty of market entities. question.

1

Measures 1: Explore the establishment of a pre -reorganization system.

Establish an connection system for external reorganization and judicial reorganization, improve the system of rescue enterprises to save the system, and provide useful supplements and improvement for the reorganization system rules.

Beijing court practice:

In 2019, the Beijing Bankruptcy Court took the lead in formulating the "Regulatory Specification (Trial)", which specifically stipulated the entire program, clarified the procedure rules, optimized the effectiveness of the pre -heavy program, and standardized the reorganization and reorganization of the off -court debt and reorganization. Program connection rules. Explore the improvement of the entire long -term mechanism, strengthen institutional innovation, integrate social forces to participate in the pre -heavy program, and effectively improve the reorganization success rate. The Beijing Court saved 8 companies through the pre -heavy program, and resolved more than 22.7 billion yuan in debt. The application of the reorganization of Huayi Jiaxin Company was only 49 days. The reorganization plan was only available for 15 days. The company's reorganization case saves 178 days on average.

Specification guidelines (click to view):

Beijing bankruptcy court bankruptcy reorganization case handling specifications (trial)

One picture understands: How to make a corporate pre -rectification in Beijing? | Optimize the business environment

Beijing No. 1 Intermediate People's Court ruled that Beijing Huiyuan Food and Beverage Co., Ltd. Reorganization Plan | Optimized business environment

Beijing's first reorganized listed company smoothly "take off the hat and pick the stars" | Optimize the business environment

2

Measures 2: Build the rules of rapid reorganization of small, medium and micro enterprises.

Clarify the scope of the rapid reorganization of small and medium -sized enterprises and the criteria for reorganization value, unblocking the channels for reorganization of small and medium -sized enterprises to quickly start the channels, and reduce the cost of saving enterprises.

Beijing court practice:

On April 25, 2022, the Beijing Bankruptcy Court issued the country's first small and medium -sized enterprises to reorganize the work method to formulate the rescue procedures for small and medium -sized enterprises for the operating characteristics of small and medium -sized enterprises. Through the "simplified diversion", shorten the part of the program, simplify the process link, and speed up the efficiency for the revival of small and medium -sized enterprises. As of June 30, 2022, the Beijing Bankruptcy Court applied to 34 small and medium -sized enterprises to rescue the bankruptcy and reorganization of bankruptcy, bankruptcy reconciliation procedures, and invested 4.7 billion yuan in small and medium -sized enterprises, cleaned up 37.8 billion yuan in debt of enterprises, and revisited 51.2 billion yuan in corporate assets. , Clear 400 million yuan in claims of employees, properly resettleed 1271 employees, and served small and medium -sized enterprises to get out of trouble and regenerate.

Specification guidelines (click to view):

Optimize the business environment ｜ Beijing Bankruptcy Court Small and Micro -Enterprises to quickly reorganize the work method (trial)

"Ten Questions and Ten Answers" takes you to understand the "Methods of Small and Micro -Enterprises Small and Micro -Enterprises (Trial)" 丨 Optimize the business environment

Beijing No. 1 Intermediate People's Court released a typical case of judicial rescue of small and medium -sized enterprises, 34 companies' revitalizing assets of 51.2 billion corporations

3

Measures 3: Explore the establishment of a substantial merger and reorganization system for related enterprises.

Clarify the applicable conditions and procedure rules of the affiliated enterprises to provide stable and reasonable expectations for market entities.

Beijing court practice:

In response to the problem of bankruptcy and reorganization of corporate groups and affiliated enterprises, the Beijing Bankruptcy Court took the lead in formulating the "Measures for the Improved Corruption and Reorganization (Trial)", consolidated assets and external liabilities, and improved the reorganization efficiency with intensive judicial means. The Beijing Court applied to the substantial merger reorganization process, which successfully introduced more than 130 billion yuan of investment for the group companies such as Founder Group, Ziguang Group, and more than 410 billion yuan in debt. The work of the famous employees protects the legitimate rights and interests of various creditor and various participants.

Specification guidelines (click to view):

Beijing First Intermediate People's Court related enterprises in the affiliates of substantive merger and reorganization (trial) | Optimize the business environment

Reconstruction of the reorganization of affiliated companies (Part 1) ｜ Optimize the business environment

Reconstruction of the reorganization of related companies (below) | Optimize the business environment

Five companies including Peking University Fangzheng Group Co., Ltd., including the substantial merger and reorganization case were selected into the top ten commercial cases of the National Court of China in 2021

The Beijing No. 1 Intermediate People's Court ruled that seven companies such as Ziguang Group and other seven companies substantial merger and reorganization procedures | Optimize the business environment

4

Measures 4: Improve the security system of bankruptcy managers.

Relying on the linkage mechanism of the house of bankruptcy cases to further improve the guarantee of the entire process system of bankruptcy managers in accordance with the law, and improve the quality and efficiency of market reorganization and clearing.

Beijing court practice:

14 departments such as the Municipal Development and Reform Commission and the Municipal Senior People's Court jointly formulated the "Several Measures of Beijing to further optimize the business environment to promote and ensure that managers perform their duties in accordance with the law in accordance with the law" and introduce a total of 32 specific measures involving 8 aspects. Establish a system of bankruptcy information sharing and publicity, optimize the system of asset disposal, bankruptcy and reorganization enterprise credit restoration, etc., to achieve normalization of managers' performance guarantees, and improve the convenient level of bankruptcy handling. Specification guidelines (click to view):

The General Office of the Supreme People's Court reposted the "Opinions on Promoting and Promoting Managers to Further Opinize the Business Environment in accordance with the law in accordance with the law in accordance with the law" (full text)

14 departments such as the Beijing Municipal Development and Reform Commission and the Municipal High Court jointly introduced several measures to promote and guarantee managers to perform their duties in accordance with the law | Optimize the business environment

5

Measures 5: Improve the selection system of bankruptcy managers.

Relevant right holders of bankruptcy companies recommend bankruptcy managers and designate by the court.

Beijing court practice:

On April 22, 2022, the Beijing Bankruptcy Court issued the first national bankruptcy case of dedicated to standardize the recommended managers of creditors, allowing the "main creditors" of the debtor, that is, the total representative of more than one -half of the credits under the bankruptcy caliber. The creditors recommend managers to the court and give the creditors a greater speech in terms of the manager's selection.

Specification guidelines (click to view):

"Beijing Bankruptcy Court Accept Credit Recommended Working Measures for Approval (Trial)"

Quickly understand the "Work Measures for the Recommended by Credit Recommendations (Trial)" | Optimize the business environment

The Beijing Bankruptcy Court applied for the first time to apply a new work method to specify the pre -temporary manager ｜ Optimize the business environment

6

Measures 6: Expand the scope of the inquiry of the bankruptcy manager.

The bankruptcy manager can apply for information about the property related to bankruptcy enterprises involving bankruptcy enterprises, such as online registration and login and other methods through online registration and other methods to apply to government departments, which involves bankruptcy enterprises related to the property related to bankruptcy enterprises.

Beijing court practice:

In May 2020, the Beijing Court relying on the unified coordination mechanism of the House to promote the special window of information inquiry (forced liquidation) information inquiry (forced liquidation) information inquiries of the Beijing Municipal Government Service Center. In April 2022, Beijing took the lead in opening the "online+offline" integrated services nationwide, so that managers inquired to achieve online and offline complementarity, and multiple query content "one -stop" handling.

Specification guidelines (click to view):

The Beijing Higher People's Court and other departments "Opinions on Establishing a Unified Coordination Mechanism for the establishment of an enterprise bankruptcy work"

Beijing optimizes the business environment and has a new recruitment, and the full life cycle service of the enterprise is optimized

Beijing is the first to open the bankruptcy manager information inquiry "online+offline" integration service ｜ Optimize the business environment

The rule of law is the best business environment. Creating a stable, fair, and transparent business environment is an important responsibility for the high -quality development of the Beijing Court to ensure the high -quality development of the capital. In the next step, the Beijing Court will continue to promote the reform of the Beijing bankruptcy system and the construction of the bankruptcy work system, strengthen the government's linkage mechanism to ensure the joint effort, give full play to the role of bankruptcy trial in improving the rescue and exit mechanism of market entities, and strive to provide the business environment to provide the business environment More high -quality and efficient judicial service guarantees.

Supply: Beijing High Court's business environment work special class

Edit: Yao Rihui

- END -