Jurisdiction of Intermediate People's Courts over Compulsory Company Liquidation and Enterprise Bankruptcy Cases

 2018-07-25  11


· Area of Law: Public Security

· Level of Authority: Local Judicial Documents

· Date issued:10-11-2016

· Effective Date:11-01-2016

· Issuing Authority: Higher People's Court of Beijing Municipality

· Status: Effective

 

Several Provisions of the Beijing Higher People's Court on Adjusting the Jurisdiction of Intermediate People's Courts over Compulsory Company Liquidation and Enterprise Bankruptcy Cases
(As deliberated and adopted by the Judicial Committee of the Beijing Higher People's Court on October 11, 2016)
Under the Work Plan of the Supreme People's Court on Establishing Liquidation and Bankruptcy Tribunals in Intermediate People's Courts, the Liquidation and Bankruptcy Tribunal of the No. 1 Intermediate People's Court of Beijing Municipality has been established. In accordance with the provisions of the Enterprise Bankruptcy Law of the People's Republic of China, the Company Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other laws and relevant judicial interpretations, the following provisions are developed to address issues on adjustment of the jurisdiction of Intermediate People's Courts of Beijing Municipality over compulsory company liquidation and enterprise bankruptcy cases:
I. After November 1, 2016, the following cases shall be under the exclusive jurisdiction of the No. 1 Intermediate People's Court of Beijing Municipality:
(1) Cases involving the compulsory liquidation and bankruptcy of companies (or enterprises) granted registration by the administrative authorities for industry and commerce at or above the municipal level.
(2) Cases involving the compulsory liquidation and bankruptcy of financial institutions and listed companies.
(3) Derivative actions from the aforesaid compulsory liquidation cases and bankruptcy cases.
II. Petitions for compulsory liquidation or bankruptcy filed with the No. 2 Intermediate People's Court of Beijing Municipality, the No. 3 Intermediate People's Court of Beijing Municipality, or the No. 4 Intermediate People's Court of Beijing Municipality before October 31, 2016, shall continue to be tried by the aforesaid intermediate people's court, rather than be transferred to the No. 1 Intermediate People's Court of Beijing Municipality.
III. After November 1, 2016, appeals against the rulings of district people's courts for compulsory liquidation and bankruptcy cases such as rulings to reject or dismiss petitions for compulsory liquidation or bankruptcy, as well as cases governed by Article 9 of the Provisions (I) of the Supreme People's Court on Several Issues concerning the Application of the Enterprise Bankruptcy Law of the People's Republic of China, shall be tried by the No. 1 Intermediate People's Court of Beijing Municipality.
IV. Where a petitioner has appealed a ruling of a district people's court for a compulsory liquidation and bankruptcy case such as a ruling to reject or dismiss a petition for compulsory liquidation or bankruptcy to the No. 2 Intermediate People's Court of Beijing Municipality or the No. 3 Intermediate People's Court of Beijing Municipality before October 31, 2016, the case shall continue to be tried by the aforesaid intermediate people's court, rather than be transferred to the No. 1 Intermediate People's Court of Beijing Municipality.
V. After November 1, 2016, a petition for retrial against a ruling of a district people's court to reject or dismiss a petition for compulsory liquidation or bankruptcy shall be examined by the district people's court or the No. 1 Intermediate People's Court of Beijing Municipality under Article 199 of the Civil Procedure Law of the People's Republic of China.
VI. Where a district people's court that examines a petition for compulsory liquidation and bankruptcy needs to request approval of an extension of the examination period for acceptance of the case from the people's court at a higher level, it shall, after November 1, 2016, submit the request for approval to the No. 1 Intermediate People's Court of Beijing Municipality.
VII. For the purposes of these Provisions, “before” or “after” includes the date itself.