Notice of Shanghai on the Examination and Approval of the Acceptance of Bankruptcy Cases in This City
· Document Number：No.57  of the Higher People’s Court of Shanghai Municipality
· Area of Law： Legislative Affairs Judicial Assistance
· Level of Authority： Local Judicial Documents
· Date issued：02-21-2006
· Effective Date：02-21-2006
· Status： Effective
· Issuing Authority： Shanghai Municipality
Notice of the Higher People's Court of Shanghai Municipality on the Examination and Approval of the Acceptance of Bankruptcy Cases in This City
(No. 57 , Deliberated and Adopted at the 2nd Session of the Judicial Committee of the Higher People's Court of Shanghai Municipality on February 15, 2006)
The No. 1 Intermediate People's Court of the Municipality, the No. 2 Intermediate People's Court of the Municipality, the people's courts of all districts and counties:
The present court distributed the “Opinions on Lawful Trial of Enterprise Bankruptcy Cases” and the “Opinions on the Issue of Jurisdiction over and Acceptance of Bankruptcy Cases in This City” separately in August 1999 and June 2001. At present, in order to adapt to the changes in the trial of bankruptcy cases in this city, we hereby give our notice as follows regarding the examination and approval of the acceptance of bankruptcy cases:
I. From March 1, 2006 to August 31, 2006, on the basis of the above said two provisions of the Higher Court, all bankruptcy cases accepted by district or county courts shall be subject to a two-level approval system. Specifically, the district or county courts shall first report the bankruptcy cases they intend to accept to the intermediate court's trial tribunal that is responsible for trying bankruptcy cases for check, and then be reported to the Higher Court for review and approval if the intermediate court agrees to accept such cases.
II. As of September 1, 2006, the important bankruptcy cases accepted by district or county courts shall be subject to the two-level approval system as prescribed above, and other cases shall be reported to the Higher Court for archival filing after being directly examined and approved by the intermediate court. The scope of important bankruptcy cases shall be separately determined by No. 2 Civil Tribunal of the Higher Court.
III. The bankruptcy cases which are to be accepted by the intermediate courts shall still be governed by the former provisions.
February 21, 2006