Good news | Zhenjiang Court reduce control and promote enterprise credit repair into the typical province

2022-05-22 0 By

Recently, the provincial court issued a typical case to promote enterprise credit repair, zhenjiang Court reduce control and promote enterprise credit repair selected, let’s take a look ~ Zhenjiang Court:Since the special action of enterprise credit repair was carried out by Zhenjiang Court in June last year, the courts at both levels of the city have carried out credit repair for 2,778 enterprises, making a positive contribution to the substantial improvement of the comprehensive credit evaluation of Zhenjiang city.On the one hand, smooth export “reduce inventory”, to help enterprises to boost the “trust” heart is to highlight the “accurate” word, so as to implement policies based on enterprises, classified promotion.According to the operation status and performance intention of trust-breaking enterprises, they will be included into the three categories of “help”, “exit” and “constraint” according to the situation, and differentiated measures will be taken to achieve accurate repair.For enterprises with acceptable business conditions, especially those with development potential and willingness to implement, after being selected by the local government, the local government shall lead and reach an agreement with the creditors or obtain the understanding of the creditors to apply for withdrawal from the trust-breaking list;The list of “zombie enterprises” that have been cancelled or revoked and have not been operated or audited annually for many years will be activated according to law;For enterprises that plan to go through bankruptcy reconciliation, reorganization or liquidation, the procedures of “conversion from holding to breaking up” shall be promptly initiated.Up to now, the credit of 624 enterprises has been repaired by means of execution and reconciliation, and 2,130 trust-breaking enterprises have been withdrawn by means of no property available for execution or “conversion from being broken”.Second, pay close attention to the word “strict”, ensure that procedures in place, in accordance with the law and regulations.We should strictly abide by the principles, standards and procedures stipulated by law, and both the inclusion and removal from the list of persons subject to enforcement for trust-breaking must comply with legal substantive and procedural requirements.On the one hand, adhere to the strict implementation of the law, severely punish trust-breaking and never connive, for there is really a malicious evasion of execution and other situations really need to “accept loss” enterprises, resolutely not withdraw from the trust-breaking list;On the other hand, while severely punishing faithless enterprises, we will help them repair their credit in accordance with laws and regulations.The credit repair of each trust-breaking enterprise shall follow legal procedures. In addition to re-initiating inquiries, the applicant shall be informed in writing of the burden of proof and the right of objection.Danyang court is in 3 many months, issue a written notice to the applicant nearly 50 thousand, bind the file material of every faithless enterprise management into a book, archive for future reference.Third, we need to be prudent in our determination and interpretation of the word “stability”.Win the approval of the parties with prudent identification and accurate explanation, and steadily promote credit repair.The trust-breaking enterprise shall be determined prudently as having no property available for execution. If the enterprise being executed suspends production and shuts down, it shall send a Notice on Providing property Clues to the applicant for execution again, and make a judgment again according to the circumstances.The negative impact of trust-breaking on the production, operation and development of enterprises shall be fully explained to trust-breaking enterprises;The enterprises with short-term difficulties will be helped to improve the solvency of trust-breaking enterprises, while being fully explained to creditors;Inform the creditor that the enterprise exits faithless, its legal representative and so on does not of course lift the limit high, strive to get the creditor’s understanding.After the danyang court withdrew 1,446 trust-breaking enterprises, there was not a single case of execution objection.On the other hand, it is necessary to establish a positive incentive mechanism for active performance to control the increase of entrance and promote the formation of long-term and permanent treatment.The circumstances in which the person subject to execution fulfils his obligations in accordance with the notice of supervision and performance or the notice of execution, reaches a settlement agreement with the applicant for execution and actively cooperate with the court in disposing of property shall be deemed as active performance.Expand credit incentive measures, issue “active performance effective legal documents certificate” for the person subject to enforcement who takes the initiative to fulfill their obligations, push honest information to local credit management departments, shield trust-breaking information in time, lift the high limit measures, and establish the guidance of “trust-breaking incentive and punishment”.Second, the establishment of “one supervision and three warning” system.For persons subject to execution who fail to perform the conciliation statement or execute the reconciliation agreement, a Notice of supervision and Supervision for performance shall be sent to the debtor before accepting and filing the application for execution, so as to prevent compulsory execution due to unintentional non-performance.In the process of execution, the person subject to execution shall be informed of the possible consequences of punishment for failing to perform his obligations in the whole process. Before taking disciplinary measures or compulsory measures, the person subject to execution shall be sent notices of pre-acceptance of loss, pre-limit of height and pre-punishment, so as to earnestly supervise and urge the person subject to prevent true-breaking and control the loss of acceptance and reduction of true-breaking.Third, we will establish a regular system of prudent acceptance of mistakes.Strictly grasp the scope of application of credit punishment, and in principle, no disciplinary measures for trust-breaking will be taken against enterprises that meet the following four situations: full preservation, effective guarantee and later performance order.To implement the system of grace period for punishment of trust-breaking, enterprises that plan to take disciplinary measures for trust-breaking will be given a grace period of one to three months depending on the situation.Original title: “Good News | Zhenjiang Court reduces control and Promotes Enterprise Credit Repair to be selected as provincial typical”