According to Article 65 of the Enterprise Bankruptcy Law of the People's Republic of China, in the process of liquidation according to law, an enterprise may apply for cancellation of its enterprise in accordance with the principles of fairness, justice and good faith, except in the following circumstances: (1) There are still outstanding debts; (2) Failing to fulfill the regulatory conditions for paying off debts; (3) The liquidation procedure has not been completed. Therefore, in the process of enterprise cancellation, it is necessary to perform perfect liquidation procedures, pay off all debts and complete tax and social insurance procedures in order to realize cancellation. In the case of enterprise execution, if the judgment determines that the enterprise needs to bear certain responsibilities and compensation, but the enterprise is unable or refuses to perform, then the creditor has the right to apply to the court for enforcement. In the process of implementation, whether the enterprise has fulfilled all its obligations such as compensation, credit and payment of fines. Or reach a settlement agreement by other means, the enterprise may apply to the court to cancel the execution of the case. However, the written consent of the creditor must be obtained for the enterprise to cancel the execution case, and the court needs to determine that the enterprise has fulfilled its obligations and there is no breach of contract or evasion of execution.
What should the enterprise do if the enterprise fails to perform its obligations and the creditor does not agree to dismiss the case? If the enterprise fails to perform its debts and the creditor does not agree to cancel the case, the enterprise can solve it in the following ways: 1. Fulfilling obligations: enterprises should actively fulfill their obligations such as compensation, credit and payment of fines. , strive for the understanding and support of creditors; 2. Negotiation and settlement: the enterprise can propose a settlement agreement to the creditors on its own initiative to seek a proper solution to the problem; 3. Apply for bankruptcy: if an enterprise is unable to perform its debts, it can apply for bankruptcy and realize liquidation and debt repayment through bankruptcy procedures; 4. Legal proceedings: Creditors have the right to bring a lawsuit to the court to safeguard their legitimate rights and interests.
Enterprises should abide by relevant laws and procedures when revoking enforcement cases. Enterprises should actively fulfill their obligations and negotiate with creditors to avoid affecting the healthy development of enterprises. If they are unable to fulfill their obligations or encounter contradictions and disputes, enterprises can seek help from relevant departments, social organizations and lawyers. Go through legal procedures and seek legal protection and solutions.
Legal basis:
The people's court shall support the termination of the legal person or other organization in Article 4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Alteration and Addition of Parties in Civil Execution, and the termination of the legal person or other organization as the subject enjoying the rights determined by the effective legal documents according to law, and the application for alteration and addition as the executor of the application.