Original title: one-stop credit repair property disposal before unsealing (introduction)

Linkage between the government and the court to help bankrupt enterprises speed up their rebirth (theme)

Beijing Daily reporter Cao Zheng

The good business environment is not only reflected in the start-up of enterprises, but also reflected in whether poorly managed bankrupt enterprises can achieve reorganization with lower costs and higher efficiency.

Reporters recently learned from the press conference jointly held by the Beijing Municipal Development and Reform Commission and the First Intermediate People's Court of Beijing that through the linkage mechanism between the government and the court in bankruptcy cases, the city took the lead in establishing a credit repair and publicity system for bankrupt and reorganized enterprises, opened the "online+offline" integrated service for information inquiry of bankruptcy administrators, and took the lead in realizing the simultaneous development of property unsealing and sealed disposal, Help bankrupt enterprises speed up their rebirth.

"Dispose first and then unseal" to improve disposal efficiency

In August 2021, the First Intermediate People's Court of Beijing ruled to accept the bankruptcy liquidation case of Longyuan Technology Co., Ltd. The company's land and plant were packaged and sealed by the manager for online auction. At that time, there were 16 rounds of sealing up procedures of several courts for the real estate involved in the case.

If the traditional principle of "whoever seals up shall unseal" is followed, the land and property need to be unsealed one by one before they can be auctioned. It is difficult and takes a long time, which will not only affect the interests of the buyer, but also lengthen the time for reorganization of bankrupt enterprises.

What should I do? This case innovatively adopts the "sealed disposal" method: first, the bankruptcy property is allowed to "dispose first, then unseal", and the administrator explains the sealed disposal at the auction; Secondly, on the basis of full communication with relevant departments in the early stage, the First Intermediate People's Court in Beijing issued relevant judicial documents, and the bankruptcy court alone could handle the unsealing; Finally, the relevant property was unsealed and transferred, and the buyer successfully obtained the real estate certificate.

The relevant person in charge of the Municipal Development and Reform Commission said that Beijing took the lead in realizing the simultaneous development of property unsealing and sealing disposal in the country, and quickly disposed of the bankrupt property through the linkage mechanism between the government and the court, effectively shortening the time for handling bankruptcy, reducing the cost of property disposal, and maintaining the value of the bankrupt property to the maximum extent.

At present, Fengtai, Shunyi, Pinggu, and the Economic Development Zone have all cooperated with the court to complete their first real estate transfer registration case with a seal, significantly improving the efficiency of property disposal, and promoting the effective revitalization of the stock assets of bankrupt enterprises.

One stop credit repair makes enterprises light

In 2020, the First Intermediate People's Court of Beijing ruled to accept the bankruptcy reorganization case of CEC Huatong Technology Co., Ltd., and the company also entered the implementation period of the reorganization plan. However, due to the existence of one piece of dishonest enterprise information and three pieces of abnormal business directory information of CEC Huatong Technology Co., Ltd., there are certain obstacles in subsequent operation and financing.

This is a problem often encountered by many bankrupt and reorganized enterprises. Reorganized enterprises usually owe debts and have bad credit records, which is extremely unfavorable for their market financing, bidding and other activities after successful reorganization.

How can we help reorganized enterprises to get back to the market with light load? Similarly, relying on the linkage mechanism between the government and the hospital, the reorganized enterprise completed the credit repair of the above four abnormal information at one time through the "one port declaration" window of credit repair, effectively promoting the implementation of the reorganization plan and the subsequent normal operation and financing of the enterprise.

"This case, by tracking the subsequent production and operation needs of reorganized enterprises, cleans up the historical negative information of enterprises in a package way by one-stop credit repair, and dredges the" last mile "to save market entities," said the relevant person in charge.

The city has taken the lead in setting up a column on "Publicity of Bankruptcy Reorganized Enterprises and Credit Restoration of Dishonesty Information" on the "Credit China (Beijing)" website to carry out "one declaration" credit restoration of bankruptcy reorganization enterprises, provide enterprises with credit information restoration services in the fields of administrative punishment, market supervision and tax payment, and achieve cross sectoral linkage of credit restoration through data sharing.

In addition, the special window for enterprise bankruptcy information inquiry located in the municipal government affairs service hall will be further upgraded to "one thing" handling this year on the basis of integrating 38 inquiry services in 9 key areas, including market supervision, tax, social security, land and real estate.

Reduce the approval time of government services

Bankrupt enterprises need to deal with multiple departments and handle multiple matters. How can we reduce time and improve efficiency?

"The government and judicial departments should pool the joint efforts of reform, focus on solving the outstanding problems in bankruptcy practice, constantly improve the convenience of bankruptcy handling, increase the supply of public services, and establish a convenient and efficient government service system," said the relevant person in charge.

Among them, in terms of the reform of the simple cancellation system, we innovated the enterprise cancellation registration system, allowing the bankruptcy administrator to directly handle the simple cancellation registration of the bankrupt enterprise and its branches with relevant certification materials, without going through the simple cancellation announcement procedure; Improve the functions of the "e-windowing" platform, establish the "logout integration" module, and provide the applicant with a convenient online logout service throughout the process.

In terms of optimizing bankruptcy tax related processing services, we issued operational guidelines for handling tax related matters of bankrupt enterprises, established a "import" declaration mechanism for tax claims, and the municipal tax bureau will receive the notification of the administrator's claim declaration and transfer it to the local tax authority for processing; The time limit for tax claim declaration is "limited", and the time for tax authorities to declare claims is shortened from 15 days to 10 days, reducing the declaration period by 33%.