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The company was blacklisted for dishonesty, and its legal representative, supervisors and shareholders were punished. After being restricted from high consumption, the following acts shall not be paid with their property: (1) when taking transportation, choose second-class or above cabins of airplanes, trains and ships; (two) high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level; (three) the purchase of real estate or new construction, expansion, high-grade decoration of housing; (four) renting high-grade office buildings, hotels, apartments and other places to work; (five) the purchase of vehicles that are not necessary for business; (6) tourism and vacation; (7) Private schools with high fees for children; (8) Paying high premiums to purchase insurance wealth management products; (nine) other high consumption behaviors that are not necessary for life and work. The act of violating the high consumption restriction order by the person who is untrustworthy belongs to the act of refusing to perform the legally effective judgment or ruling of the people's court. After investigation and verification, they shall be detained and fined in accordance with the provisions of Article 102 of the Civil Procedure Law of People's Republic of China (PRC). If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
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Once the company is included in the "list of untrustworthy people" by the court, it will face a series of adverse consequences: the court can announce the list of untrustworthy people to the society in some way; The court shall inform the relevant government departments, financial regulatory agencies, financial institutions, institutions and trade associations that undertake administrative functions of the information on the list of people who have lost their trust, so that the relevant units can give credit punishment to people who have lost their trust in government procurement, bidding, administrative examination and approval, government support, financing and credit, market access, qualification identification and other aspects in accordance with laws, regulations and relevant provisions; The court shall inform the credit reporting agency of the list of persons who have been executed for dishonesty, and the credit reporting agency shall record it in its credit reporting system. The inclusion of the company in the "list of people who have lost their trust" will also have a negative impact on the legal representative. According to Article 3 of Several Provisions of the Supreme People's Court on Restricting High Consumption of Executed Persons, revised by the Supreme People's Court 20 15, the executed person is a unit. After adopting consumption restriction measures, the person subjected to execution, his legal representative, principal responsible person, person directly responsible for debt performance and actual controller shall not engage in the following high consumption and consumption behaviors that are not necessary for life and work: when taking transportation, choose airplane, train sleeper and ship. High consumption in hotels, hotels, nightclubs, golf courses and other places above the star level; Purchase real estate or build, expand or decorate high-grade houses; Rent high-end office buildings, hotels, apartments and other places to work; Purchase non-operating vehicles; Travel and vacation; Private schools with high fees for children; Pay high premiums to buy insurance wealth management products; Non-essential consumption behaviors such as taking all seats of G-prefix EMU trains and first-class seats of other EMU trains. It should be emphasized that even if the company is not included in the list of people who have been executed for breach of trust, as long as the company fails to fulfill the payment obligations specified in the effective legal documents within the time limit specified in the enforcement notice, the court can still (upon application or at its own discretion) take consumption restriction measures against its legal representative, principal responsible person, person directly responsible for debt performance and actual controller, and shall not carry out the above-mentioned high-consumption and non-life and work-necessary consumption behaviors. That is to say, as long as the company fails to fulfill the payment obligations determined by the effective legal documents, its legal representative may be taken by the court to restrict consumption. In addition, according to the Memorandum of Cooperation on "Building Honesty and Punishing Dishonesty" issued by the Central Civilization Office, the the Supreme People's Court, the Ministry of Public Security, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration for Industry and Commerce, the China Banking Regulatory Commission, the Civil Aviation Administration of China and China Railway Corporation on March 20, 2004, when the person subjected to dishonesty is a unit, the object of credit punishment also includes its legal representative, principal responsible person and direct responsibility affecting debt performance. In addition to restricting consumption, credit punishment measures also include restricting loans to financial institutions or handling credit cards. It can be seen that the company's liabilities are not only the company's business, but also the legal representative's, which will adversely affect the personal work and life of the legal representative. In a society that pays more and more attention to credit, the lack of credit will make people unable to move. The legal representative of the company should attach great importance to this. If the company has no money to pay back, there is a simple way to prevent the legal representative from entering the credit blacklist or being removed from the blacklist: take the initiative to file for bankruptcy! After the execution procedure is started, it is safest for the legal representative of the company to apply for bankruptcy. The credit punishment measures mentioned above, such as restricting consumption and restricting loans, can only be implemented after entering the implementation procedure. If the debtor company voluntarily applies for bankruptcy and is accepted by the court before the execution procedure, the above measures cannot be implemented, because according to the provisions of the Enterprise Bankruptcy Law, after the court accepts the bankruptcy application, all execution cases involving the debtor should be suspended. In this respect, the bankruptcy procedure is actually protecting the legal representative of the debtor company. If after the execution procedure, the court has blacklisted the debtor company and its legal representative, the debtor company can still help itself and its legal representative to "clear their names" by filing for bankruptcy on its own initiative. According to Article 10 of "Several Provisions of the Supreme People's Court on Publicizing the Information of the List of Untrustworthy Executed Persons", if the court decides to suspend the execution due to the bankruptcy procedure of the executed person, the dishonest information shall be deleted within three working days. Bankruptcy is the ultimate way to solve the outstanding case of company execution. Bankruptcy can not only solve the so-called "execution difficulty" problem, but also be an effective way for the legal representative of the company to escape or exempt from liability. From a practical point of view, because the company does not need to pay fees to the court in advance when applying for bankruptcy, it does not need to spend any money except the necessary expenses incurred by hiring lawyers and accountants, which has the advantage of low cost. Taking the initiative to file for bankruptcy is not a malicious evasion of debts, but a legal confirmation of established facts, and irrational criticism should not be made from the so-called moral height. On the contrary, indebted enterprises should be encouraged to come forward and let all creditors get fair compensation through bankruptcy procedures, which is also the original legislative intention of bankruptcy law.