In order to further promote the development of corporate bankruptcy trials in our province in accordance with the law, our court decided Carry out the compilation of the second batch of lists of social intermediary agency managers and individual managers. The relevant matters are now announced as follows:?
1. The number and registration conditions of the second batch of social intermediary agency managers and individual managers?
(1) Management of social intermediary agencies Number of people?
In order to facilitate the grassroots people's courts to hear corporate bankruptcy cases and to facilitate healthy and orderly competition in the performance of managers' duties, combined with the actual situation of our province, the second batch of social intermediary agency managers are based on the order of each county. (County-level city) 3 firms within the jurisdiction. Municipal districts are not divided into regions. They are determined as three times the total number of districts. The ratio of law firms to accounting firms is generally 2:1. The number of cities in the province is as follows: Districts under the jurisdiction of Hangzhou City 39; 33 in Ningbo Municipal District; 33 in Wenzhou Municipal District; 21 in Jiaxing Municipal District; 15 in Huzhou Municipal District; 18 in Shaoxing Municipal District; 27 in Jinhua Municipal District; 18 in Quzhou Municipal District; and 27 in Lishui Municipal District. ; 27 in Taizhou City District; 12 in Zhoushan City District. ?
(2) Number of personal managers?
According to Article 3 of the "Regulations of the Supreme People's Court on Designating Administrators for the Trial of Enterprise Bankruptcy Cases", personal managers in 2007 They are generated from social intermediary agencies included in the "Zhejiang Province Bankruptcy Case Administrators List", and each agency shall have no more than one person.
? (3) Registration conditions for social intermediaries?
Law firms and accounting firms that apply to be included in the list of administrators should comply with the "Supreme People's Court's Notice on Hearing Enterprise Bankruptcy Cases" Qualifications stipulated in the "Regulations on Designating Administrators" and meet the following conditions: 1. Participate in handling bankruptcy cases or related business (such as serving as a member of the liquidation team, acting as the authorized agent of creditors in corporate bankruptcy cases) Experience in being entrusted to participate in derivative litigation of corporate bankruptcy cases, being hired by administrators to participate in work related to corporate bankruptcy cases, serving as legal counsel to other stakeholders in corporate bankruptcy cases, etc.);?
2.? There are no relevant circumstances stipulated in the Enterprise Bankruptcy Law of the People's Republic of China and the Regulations of the Supreme People's Court on Designating Administrators for the Trial of Enterprise Bankruptcy Cases that would make it inappropriate to serve as an administrator. ?
The registration requirements for law firms and accounting firms within counties and county-level cities can be relaxed appropriately. ?
If branches established by law firms or accounting firms apply to be included in the list of administrators, they shall comply with the above conditions. ?
(4) Requirements for individual registration?
The social intermediaries included in the "Roster of Administrators for Bankruptcy Cases in Zhejiang Province" in 2007 have already engaged in administrator work and established For a team of administrators, the person in charge of the administrator team (who has participated in professional liability insurance) meets the conditions specified in Article 3 of the "Regulations of the Supreme People's Court on Designating Administrators for the Trial of Enterprise Bankruptcy Cases" and does not have the requirements of the "People's Republic of China and State-owned Enterprises" If there are relevant circumstances that make it inappropriate to serve as an administrator as stipulated in the Bankruptcy Law and the "Regulations of the Supreme People's Court on the Appointment of Administrators in the Trial of Enterprise Bankruptcy Cases", they may apply to be included in the list of individual administrators.
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2. What materials should be submitted by social intermediaries and individuals who apply to be included in the list of administrators?
(1) Materials that law firms should submit:?
1. Application form for registration;?
2. Practice certificate, documents approved for establishment in accordance with the law or copy of business license;?
3. Articles of Association;?
4. Proof of office space;?
5. Proof of years of practice and business income;?
6. List of full-time practicing lawyers and their professional qualification certificates Copies;?
7. List of bankruptcy cases and related business handled in the past five years and supporting materials;?
8. Information on the proposed formation of a bankruptcy case administrator team;?
9. Evaluation by industry self-regulatory organizations and proof of the authenticity of the materials provided and whether there have been administrative penalties or disciplinary sanctions;?
10. Other relevant materials. ?
(2) Materials that the accounting firm should submit: ?
1. Application form for registration; ?
2. Practice certificate, approval of establishment in accordance with the law Documents or copies of business licenses;?
3. Articles of Association;?
4. Proof of office space;?
5. Regarding years of practice, business Proof of income; 6. List of full-time practicing accountants and copies of their professional qualification certificates; 7. List of bankruptcy cases and related businesses handled in the past five years and supporting materials;
?8. List of judicially entrusted cases and supporting materials in the past five years;
9. Relevant information on the proposed formation of a bankruptcy case administrator team;?
10. Evaluation by industry self-regulatory organizations and certification of the authenticity of the materials provided and whether there have been administrative penalties or disciplinary sanctions;?
11. Other relevant materials. ?
(3) Materials that individuals should submit: ?
1. Application form for registration; ?
2. Copy of practicing certificate; ?
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3. Proof that he is the person in charge of the team that manages bankruptcy cases;?
4. Relevant materials responsible for handling bankruptcy cases;?
5. Proof of professional level and practice Materials on ability; 6. Proof of participation in professional liability insurance; 7. Materials indicating that the institution agrees to apply; 8. Industry self-discipline The organization's evaluation and proof of the authenticity of the materials provided and whether it has been subject to administrative penalties or disciplinary sanctions;?
9. Other relevant materials. ?
2. Scoring criteria for managers?
Comprehensive scoring based on the following aspects: ?
1. Years of practice; ?
< p> 2. Organization size (including the number of full-time practitioners, office space, etc.);?3. Practice performance (mainly business income in the past three years);?
4. Practical experience (including the handling of bankruptcy cases and related business situations in the past five years, and the accounting firm’s acceptance of judicial entrustment cases);?
5. Evaluation of industry self-regulatory organizations;?
< p> 6. Received commendations and awards. ?3. The review process for the registration of managers?
Each intermediate people’s court will review the social intermediary agencies and individuals who apply within their jurisdiction through review of materials, investigation, etc. , the comprehensive score will be initially assessed after review, and the bankruptcy case administrator review committee of this court will conduct a comprehensive review. Based on the evaluation results of the evaluation committee, this court will select the best candidates within the registration limit to determine the preliminary list of administrators, and publish it on the Zhejiang Court website (). Units and individuals from all walks of life can raise objections to the publicized social intermediaries and individuals, and this court will review the objections. If the objection is established and the applicant is indeed unsuitable to serve as an administrator, he or she will be removed from the preliminary list of administrators. After the expiration of the publicity period, this court will review and decide on the list of administrators, publish it on the People's Court Litigation Assets Network () and Zhejiang Court Network (), and report it to the Supreme People's Court for filing.
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IV. Responsibilities and corresponding legal responsibilities of the administrator?
The responsibilities and corresponding legal responsibilities of the administrator are, in accordance with the "Enterprise Bankruptcy Law of the People's Republic of China" regulations are implemented. ?
V. Time and place for declaration?
Law firms, accounting firms, and individuals who submit declarations are requested to submit the declaration from May 14, 2012 to May 18, 2012 On the same day, submit 3 declarations and 2 volumes of compiled materials (including declarations) to the Judicial Appraisal Division of the local Intermediate People's Court. ?
? Zhejiang Provincial Higher People’s Court ?
? May 4, 2012