Article 5 1: the people's court has the power to rule that the person subjected to execution is prohibited from drawing dividends or bonuses due to the relevant enterprises, and the relevant enterprises shall pay them to the person subjected to execution, and require the relevant enterprises to pay them directly to the applicant. ?
The people's court may take measures to freeze the dividends and bonuses expected by the person subjected to execution from the relevant enterprises, and prohibit the person subjected to execution from withdrawing them and the relevant enterprises from paying them to the person subjected to execution after maturity. After the expiration, the people's court may revoke it from the relevant enterprise and issue a revocation receipt.
Article 52 The people's court may seize the shares (shares) of other joint stock limited companies held by the person subjected to execution, and force the person subjected to execution to transfer them in accordance with the relevant provisions of the Company Law, or directly auction or sell them off, or directly compensate the creditors for the shares to pay off the debts of the person subjected to execution.
Article 53 The people's court may take measures to freeze the investment rights or equity of the person subjected to execution in a limited liability company or other legal person enterprise. Where the investment rights and interests or equity are frozen, the relevant enterprises shall be notified not to handle the transfer procedures of the frozen investment rights and interests or equity, and not to pay dividends or bonuses to the person subjected to execution. The person subjected to execution may not transfer the frozen investment right or equity by himself.
Article 54 After the investment rights and interests owned by the person subjected to execution in his sole proprietorship enterprise are frozen, the people's court may directly order the transfer, and pay off the debts to the applicant with the proceeds from the transfer.
With the consent of more than half of all shareholders, the people's court may auction, sell off or transfer the capital contribution or equity of the person subjected to execution in a limited liability company in accordance with the provisions of Articles 35 and 36 of the Company Law of People's Republic of China (PRC).
Shareholders who do not agree to the transfer shall purchase the transferred investment right or equity. If you don't buy it, it will be deemed that you agree to the transfer, and it will not affect the implementation. The people's court may also allow and supervise the person subjected to execution to transfer his investment right or equity by himself, and pay off the debts to the applicant with the proceeds from the transfer.
Article 55 With the consent of the other party to the joint venture or contractual joint venture and the approval of the competent foreign trade department, the investment right or shares of the person subjected to execution that have been frozen may be transferred.
If the person subjected to execution has no other property to execute except the equity in the Sino-foreign joint venture or cooperative enterprise, and other shareholders do not agree to the transfer, the equity of the person subjected to execution may be directly transferred by force, but the preemptive right of the other party to the joint venture shall be protected.
Article 56 If an enterprise concerned, after receiving the notice from the people's court for assistance in freezing, pays dividends and bonuses to the person subjected to execution without authorization, or goes through the formalities for the transfer of the frozen equity for the person subjected to execution without authorization, so that the transferred property cannot be recovered, it shall be liable to the applicant for execution within the scope of the paid dividends and bonuses or the value of the transferred equity.
Extended data:
According to the provisions of Articles 100 and1kloc-0/of the Civil Procedure Law, property preservation can be divided into property preservation in litigation and property preservation before litigation. In addition, the pre-litigation behavior preservation system is also stipulated in the intellectual property law.
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The function of property preservation is to prevent the parties from disposing of the disputed subject matter before the people's court makes a judgment or disposing of the property available for execution after the judgment takes effect, so as to prevent the dispute from expanding and ensure the effective judgment to be executed.
However, if the people's court takes improper property preservation measures, it will damage the property rights and personal rights of the parties. For example, freezing all the bank deposits of the parties beyond the scope of the applicant's request will limit the business activities of the other party.
Article 102 of the Civil Procedure Law stipulates: "Preservation is limited to the scope of the request or the property related to this case." The relevant judicial interpretation in the Supreme People's Court also holds that when the people's court takes property preservation measures, the scope of preservation should be limited to the disputed property of the parties or the property of the defendant, and property preservation measures should not be taken for the property of outsiders.
Generally, preservation measures shall not be taken for the property related to the case obtained by outsiders in good faith. Therefore, the scope of property preservation cannot exceed the scope requested by the applicant or the price of the disputed property.
Taking preservation measures can only achieve the purpose of property preservation within the scope of the request of the parties or interested parties, realize the rights and interests of the applicant and avoid causing undue losses to the respondent.
In order to ensure the correct application of the law in the execution procedure, timely and effectively implement the effective legal documents, and safeguard the legitimate rights and interests of the parties, according to the provisions of the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Procedure Law) and other relevant laws, combined with the practical experience of the people's courts in the execution work, the following provisions are made on some issues concerning the execution work of the people's courts.
Execution of the creditor's rights due by the person subjected to execution
6 1. If the person subjected to execution is unable to pay off his debts, but enjoys the creditor's rights to a third party other than the case, the people's court may, upon the application of the person subjected to execution or the person subjected to execution, issue a notice of performance to the third party (hereinafter referred to as the notice of performance). The notice of performance must be delivered directly to the third party.
The performance notice shall include the following contents:
(1) The third party directly performs the debt to the person subjected to execution, and may not pay off the debt to the person subjected to execution;
(2) The third party shall perform the debt to the application executor within fifteen days after receiving the notice of performance;
(3) If the third party has any objection to the performance of the due creditor's rights, it shall submit it to the enforcement court within fifteen days after receiving the notice of performance;
(4) The legal consequences of the third party's violation of the above obligations.
62. The third party's objection to the performance notice should generally be raised in writing. If it is put forward orally, the person subjected to execution shall record it in the record and sign or seal it by a third person.
63. If a third party raises an objection within the period specified in the performance notice, the people's court shall not enforce it against the third party and shall not examine the objection raised.
64. A third person who claims that he has no ability to perform or has no direct legal relationship with the executor of the application does not belong to the objection mentioned in these Provisions. If a third party partially admits or disagrees with the debt, it may enforce the part it admits.
65. If the third party fails to perform within the time limit specified in the performance notice and does not raise any objection, the enforcement court has the right to order enforcement. This ruling is delivered to the third party and the person subjected to execution at the same time.
66. After receiving the notice of performance from the people's court, the act of giving up the creditor's rights against the third party or delaying the performance period of the third party is invalid. If the third party has no objection, the people's court may still enforce it.
67. If a third person, after receiving a notice from the people's court asking him to perform the due debt, performs it to the person subjected to execution without authorization, so that the property that has been performed to the person subjected to execution cannot be recovered, in addition to being jointly and severally liable with the person subjected to execution within the scope of the property that has been performed, he may be held liable for obstructing execution.
68. After an enforcement order is made against a third party, if the third party has no property to enforce, it may not enforce the creditor's rights due to the third party against others.
69. The people's court shall issue relevant certificates after the third party has performed its debts or been executed to the applicant in accordance with the performance notice of the people's court.
Baidu Encyclopedia-Provisions of the Supreme People's Court on Several Issues Concerning the Implementation of People's Courts
Baidu encyclopedia-property preservation