If a creditor is unable to declare his creditor's rights in person during his sentence due to a criminal offence, he may entrust an agent to declare his creditor's rights on his behalf.
People's Republic of China (PRC) Civil Code
Article 165 Where the power of attorney entrusts an agent with written authorization, the power of attorney shall specify the agent's name, agency matters, authority and time limit, and shall be signed or sealed by the principal.
Enterprise Bankruptcy Law of the People's Republic of China
Article 48 Creditors shall declare their creditor's rights to the administrator within the time limit specified by the people's court.
There is no need to declare the wages, medical care, disability allowance and pension expenses owed by the debtor to employees, the basic pension insurance and basic medical insurance expenses owed to employees' personal accounts, and the compensation that should be paid to employees according to laws and administrative regulations. After investigation, the administrator will make a list and publicize it. If the employee disagrees with the list, he can ask the manager to correct it; If the manager refuses to make corrections, the employees may bring a lawsuit to the people's court.
Second, the way of bankruptcy declaration
1. Creditors shall submit proof of creditor's rights and legal and valid identification when declaring creditor's rights; The agent applicant shall submit the client's valid identity certificate, power of attorney and proof of creditor's rights. If the declared creditor's rights are secured by property, evidence proving the property guarantee shall be submitted.
2. When registering the declared creditor's rights, the people's court shall record the creditor's name, domicile, bank of deposit, amount of the declared creditor's rights, evidence of the declared creditor's rights, property guarantee, reporting time, contact information and other necessary information. If a liquidation group has been established, the liquidation group shall register the above creditor's rights.
3. If one or more joint debtors go bankrupt, creditors can exercise their rights against the debtors and declare their claims on all the claims. If the creditor fails to declare his creditor's rights, other joint debtors may declare his creditor's rights on the debts that may be assumed in the future.
4. Although the creditor has not declared his creditor's rights within the statutory period, he may declare his creditor's rights to the liquidation group before the distribution of bankruptcy property under the circumstances stipulated in Article 76 of the Civil Procedure Law. The liquidation group shall be responsible for examining the creditor's rights declared by it, which shall be examined and determined by the people's court. If the creditors' meeting disagrees with the people's court's consent for creditors to participate in the distribution of bankruptcy property, it may apply to the people's court for reconsideration.
From the above analysis, it can be seen that according to the provisions of the Civil Code, if a creditor is unable to declare his creditor's rights due to a criminal offence, he may entrust relatives, lawyers, etc. To declare creditor's rights and entrust an agent, a power of attorney shall be issued, indicating the scope of entrustment. If you need legal help, readers can go to China. Com for consultation.
If you have any questions about the above contents, please contact.
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Cite the law
[1] Article 165th of the Civil Code of People's Republic of China (PRC).
[2] Article 48 of the Enterprise Bankruptcy Law.
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