China Supreme Court Opinions on Financial Cases Involving COVID 19 Epidemic (2)

 2020-06-29  39


                                                                                              


In order to further implement the CPC Central Committee's plans for coordinated COVID-19 prevention and control and economic and social development, do a solid job in the "six stability" work, implement the "six insurance" tasks, and guide people's courts at all levels to properly handle COVID-19 contract, financial, bankruptcy and other civil cases in accordance with the law, the following guidelines are put forward.

 

II.Financial Cases

 

10.For the industry greatly influenced by the outbreak or epidemic prevention and control measures, and affected for now, especially small and medium-sized enterprise, which involved in financial loan disputes, the people's court should fully consider series of financial support policies issued by five departments of the People's Bank of China, for example Notice on Further Strengthening the Financial Support for Prevention and Control of the Coronavirus Pneumonia Outbreak: the people's court shall not support the litigation claims of financial institutions that violate the financial support policies, such as the early maturity of loans or the unilateral termination of contracts; the interest charged by financial institutions and the disguised interest charged in the name of consulting fees, insurance premiums and other fees shall be strictly in accordance with the provisions of special preferential interest rate policies of the state, such as re-lending and rediscount, and the excess part shall not be supported; for those people who are hospitalized for infection, isolation, quarantined or participate in the epidemic prevention and control works and those, who are affected by the outbreak or epidemic prevention and control measures and temporarily lose their source of income, involve in housing mortgages, credit card and other personal loan disputes, the people's court shall, in combination with the actual situation of case, changes the terms of payment according to the fair principle.

 

11.Epidemic prevention materials production and operation enterprises use its production equipment, raw materials, semi-finished products, products, etc. to set floating mortgage, the mortgagee shall, in accordance with the Article 196 of the People's Republic of China Civil Procedure Law to apply for real rights for security, after the people's court accepts the application, the applicant or interested party can prove it will jeopardize materials production and operation of enterprises epidemic prevention, then It can be dealt with after the epidemic situation or factors affecting the epidemic prevention and control measures have been eliminated.

 

12.Disputes arising from stock pledge and margin lending caused by price fluctuations in the stock market during the epidemic prevention and control period should be handled under different circumstances: the people's court may refer to the relevant policies issued by China Securities Regulatory Commission to guide the securities firm to negotiate with different customer groups to solve the disputes about the creditor's rights for the securities firm's stock pledge on the exchange floor and securities margin lending; if no agreement can be reached through negotiation, legal support shall be given to the client's claim that the securities company shall bear the liability for compensation for the losses caused by the illegal forced closing of the positions; as for the disputes over off-exchange stock pledge of other financial institutions, the people's court should give full consideration to the impact of the realization of stock pledge on the normal operation of listed companies, strengthen policy guidance and interest coordination of all parties, and strive to reduce the impact on the securities market.

 

13.When the people's court try civil compensation cases of listed companies for infringement & false statement, the investors loss amount, shall, according to item 4 of article 19 in the Supreme People's Courtseveral provisions on civil compensation cases caused by false statement in the stock market, be set fairly, reasonably by distinguishing the outbreak or epidemic prevention and control measures and false statements factors.

 

14.For the disputes, between companies, their shareholders, actual controllers and investors in wholesale and retail, accommodation and catering, logistics and transportation, cultural tourism and other industries seriously affected by the epidemic or epidemic prevention and control measures, over the performance of the "Bet on Protocols", the people's court shall give full consideration to the actual situation of the impact of the epidemic situation or epidemic prevention and control measures on the performance of the target company and guide both parties to negotiate to change or terminate the contract. If the parties fail to reach an agreement through consultation, and if it is obviously unfair for one party to continue to perform according to the agreed performance standard or performance compensation amount, the people's court shall, in light of the actual situation of the case, modify or terminate the contract in accordance with the principle of fairness. In case of termination of a contract, losses caused by such termination shall be reasonably distributed according to law.

 

If the Bet on Protocols does not explicitly stipulate that the minority shareholders and the controlling shareholders or the actual controller of the company shall bear joint liability for performance compensation, the people's court shall not support the investor's claim that the minority shareholders and the company, the controlling shareholder or the actual controller shall jointly bear joint liability.

 

15.In the trial of a medical insurance contract dispute case related to the epidemic situation or epidemic prevention and control measures, the people's court shall not support the defense raised by the insurer that the disease does not fall within the scope of a major disease or an insured accident specified in the commercial medical insurance contract. The people's court shall support the insured and the beneficiary in requesting compensation from the insurer for the agreed expenses incurred by COVID-19 infected insured due to the epidemic or the epidemic prevention and control measures not receiving treatment at the medical service institution as stipulated in the insurance contract. The people's court shall support the insured's and beneficiary's claim for compensation for the agreed expenses incurred in receiving treatment for other diseases in medical service institutions not stipulated in the insurance contract, which are actually caused by objective reasons such as the epidemic situation or epidemic prevention and control measures. If the insured or beneficiary requests compensation according to the provisions of the medical insurance contract donated by the insurance company during the epidemic prevention and control period, the people's court shall support the claim.

 

16.In the trial of a civil dispute case arising from the financial leasing business of medical equipment between a financial leasing company and a medical service institution, the people's court will not support the defense of the medical service institution in claiming that the financial leasing contract is invalid because the financial leasing company has not obtained the administrative license for the sale of medical devices.