The first domestic!Shenzhen introduced the preparation method of the personal bankruptcy manager roster roster

On August 11, the Shenzhen Bankruptcy Affairs Management Agency issued the "Administrative Measures for the Management of the Shenzhen Personal Bankruptcy Management Manager (Trial)" (hereinafter referred to as the "Measures"), and the first government institution established the legal system of the bankruptcy manager in China. It is reported that this is the first domestic bankruptcy manager (hereinafter referred to as manager) register to prepare legal documents. In the next step, the Municipal Bankruptcy Affairs Management Department will select a group of outstanding managers in accordance with the Measures to improve the quality and efficiency of personal bankruptcy cases and promote the reform of personal bankruptcy.

The "Regulations on the Personal Bankruptcy of the Shenzhen Special Economic Zone" (hereinafter referred to as the "Regulations") established a four -in -one bankruptcy application system of "court referees, institutional management, managers execution, and public supervision". Managers have an independent legal status in the bankruptcy procedure. They are the main promoters of bankruptcy procedures and specific executors of bankruptcy affairs. During the case handling, they bear a number of important responsibilities such as debt review, property investigation, bankruptcy property distribution, and supervision and execution.

What are the highlights of the Measures and how do managers choose the best selection? Qi Lijie, an associate professor at the School of Law of Shenzhen University and the head of the Research Center of Shenzhen University's Bankruptcy Law, said that the "Measures" established the basic system of regulating the various work of Shenzhen's personal bankruptcy managers, and a number of innovation and remarkable. For example, according to the characteristics of individual bankruptcy cases, setting up the actual qualifications of the manager who meets the personal bankruptcy case, establish a dynamic management system for managers "can enter and can go out" and survive the fittest to ensure the quality of the manager's team.

The "Measures" stipulates that managers include institutional managers and individual managers. If a law firm, accounting firms, and other professional qualifications with law, accounting, finance and other professional qualifications shall meet the following basic conditions for the establishment of a register of the institutional manager. It is a full -time employee with professional qualifications such as law, accounting, and finance with more than ten (including ten). In the institution of the register of the institutional manager, the lawyers, registered accountants, and other individuals with legal, accounting, and finance who have been engaged in the corresponding work after obtaining professional qualifications, and other professional qualifications such as legal, accounting, and finance can apply for personal management. Famous register. If one of the following circumstances has one of the following situations, it will not be included in the register of the manager. Wait.

The "Regulations" pioneered the mechanism that allows creditors to recommend managers. In response, the Measures stipulated specific measures to implement the "Regulations", the content of innovative managers, and the municipal bankruptcy affairs management department released the manager's register, while issuing the manager Information such as basic situation, contact information, and performance of duties to provide convenience and reference for creditors recommend managers.

Qi Lijie believes that in the field of corporate bankruptcy managers, other legal documents except the "Enterprise Bankruptcy Law" are basically formulated by the people's court. As the government's establishment of the government, the Municipal Bankruptcy Affairs Management Department has introduced legal documents in the first domestic bankruptcy manager roster, which is a milestone in the development of the domestic bankruptcy law.

It is understood that the Measures will be implemented from September 1, 2022. With more in line with the actual management team of personal bankruptcy cases, Shenzhen's four -in -one personal bankruptcy management system will play a greater role. The administrators cooperate with the people's courts, the Municipal Bankruptcy Affairs Management Agency, and the relevant government departments to jointly promote the reform of the bankruptcy system, and will better complete the task of the central government's comprehensive reform of the comprehensive reform of the socialist demonstration zone with Chinese characteristics.

(Original title, "Shenzhen introduced the preparation of the register of the personal bankruptcy manager in China, the first in the country was established by the government agency for the establishment of a chapter for the bankruptcy manager")))

(Author: Shenzhen SAR Reporter Lin Qingrong Correspondent Lin Ruixin Cui Fengyuan)

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