Table of Contents
Section I Legal Services for Participating in Voluntary Liquidation of Enterprises Section II Legal Services for Filing Applications for Compulsory Liquidation of Enterprises Section III Derivative Litigation Arising out of Enterprise Liquidation Proceedings Section IV Agency Services for Corporate Dissolution Litigation Section V Representing Creditors in Lawsuits to Claim Compensation Liabilities against Shareholders / Persons in De Facto Control Section VI Representing Creditors in Lawsuits to Claim Compensation Liabilities against Liquidation Groups Section VII Special Legal Services for Ex Officio Cancellation of Enterprises Section VIII Administrative Reconsideration or Litigation Involving Ex Officio Cancellation Section IX Legal Services for File Review of Ex Officio Cancellation Cases Section X Legal Publicity and Training Services on Ex Officio Cancellation Section XI Information Retrieval Legal Services for Ex Officio Cancellation Section XII Legal Services for Filing Applications for Bankruptcy Liquidation Section XIII Debt Recovery Legal Services during Enterprise Liquidation Section XIV Out-of-Court Corporate Debt Restructuring Legal Services Section XV Representing Debtors in Bankruptcy Reorganization and Composition Proceedings Section XVI Representing Creditors in Bankruptcy Reorganization and Composition Proceedings Section XVII Representing Investors Participating in Debtor Reorganization Section XVIII Accepting Entrustment from Shareholders or Interested Parties to Handle Derivative Litigation Cases Arising from Bankruptcy Reorganization and Composition Proceedings
01 Legal Services for Participating in Voluntary Liquidation of Enterprises
Section I Legal Services for Participating in Voluntary Liquidation of Enterprises
Applicable ScenariosEnterprises required to conduct liquidation upon occurrence of circumstances including expiry of business term, resolution by shareholders’ meeting, merger or division, revocation of business license, order to close down or revocation.
Service ValueThrough voluntary liquidation, the enterprise can lawfully and orderly exit the market, creditors can obtain full repayment of claims, and shareholders can enjoy rights and interests over remaining corporate assets.
Workflow & Service Contents
Conduct due diligence covering corporate equity structure, creditor’s rights and liabilities, asset ownership, shareholder capital contribution, and misappropriation of corporate property by directors, supervisors and senior management;
Assist the enterprise in preparing materials for compulsory liquidation application, including schedules of claims, schedules of liabilities, relevant financial accounting reports, employee resettlement plans and social insurance payment records;
Draft documents relevant to voluntary liquidation;
Cooperate with the liquidation group in handover of corporate property, seals, account books, documents and other materials;
Assist and supervise the liquidation group in claim verification, asset investigation and financial audit;
Communicate with the liquidation group and assist the administrator in asset appraisal and disposal;
Assist and urge the liquidation group to complete procedures for cancellation of industrial and commercial registration and tax registration.
Service TermApproximately six months; the exact duration subject to case circumstances.
Service ModeTeam service. The service team consists of one practicing lawyer and one to two legal assistants; on-site attendance is not required.
02 Legal Services for Filing Applications for Compulsory Liquidation of Enterprises
Section II Legal Services for Filing Applications for Compulsory Liquidation of Enterprises
Applicable ScenariosEnterprises where liquidation obligors fail to establish a liquidation group and commence liquidation within the statutory time limit after occurrence of circumstances including expiry of business term, resolution by shareholders’ meeting, merger or division, revocation of business license, order to close down or revocation.
Service ValueThrough compulsory liquidation, the enterprise can lawfully and orderly exit the market, creditors can obtain full repayment of claims, and shareholders can enjoy rights and interests over remaining corporate assets.
Workflow & Service Contents
Conduct due diligence covering corporate equity structure, creditor’s rights and liabilities, asset ownership, shareholder capital contribution, and misappropriation of corporate property by directors, supervisors and senior management;
Assist the enterprise in preparing materials for compulsory liquidation application, including schedules of claims, schedules of liabilities, relevant financial accounting reports, employee resettlement plans and social insurance payment records;
Draft legal documents including compulsory liquidation application;
Submit compulsory liquidation application to the court and participate in hearing proceedings;
Cooperate with the administrator in handover of corporate property, seals, account books, documents and other materials;
Assist and supervise the administrator in claim verification, asset investigation and financial audit;
Attend creditors’ meetings and truthfully respond to inquiries raised by the court or creditors’ meeting upon authorization by the debtor;
Communicate with the court and administrator and assist the administrator in asset appraisal and disposal;
Urge the administrator to timely submit the liquidation report and apply to the court for a ruling to terminate liquidation proceedings;
Assist and urge the administrator to complete procedures for cancellation of industrial and commercial registration and tax registration.
Service TermApproximately six months; the exact duration subject to case circumstances.
Service ModeTeam service. The service team consists of one practicing lawyer and one to two legal assistants; on-site attendance is not required.
03 Derivative Litigation Arising out of Enterprise Liquidation Proceedings
Section III Derivative Litigation Arising out of Enterprise Liquidation Proceedings
Applicable ScenariosShareholders, legal representatives, directors, supervisors and senior management of enterprises, debtors and creditors of enterprises.
Service ValueHelp clients reduce losses or realize claims, and safeguard clients’ legitimate rights and interests to the maximum extent.
Workflow & Service Contents
Conduct full communication with clients to clarify facts of the case;
Formulate specific litigation plans in accordance with applicable laws and regulations, discuss and confirm the final litigation plan with clients;
Institute litigation or respond to lawsuits on behalf of clients pursuant to the litigation plan;
Assist clients in collecting and sorting evidence materials required for litigation or defense;
File lawsuits with the court or submit statements of defense together with supporting evidence materials;
Negotiate and mediate with creditors or administrators on behalf of clients;
Represent clients in court hearings;
Handle other legal matters related to litigation.
Service TermApproximately six months; the exact duration subject to case circumstances.
Service ModeTeam service. The service team consists of one practicing lawyer and one to two legal assistants; on-site attendance is not required.
04 Agency Services for Corporate Dissolution Litigation
Section IV Agency Services for Corporate Dissolution Litigation
Applicable ScenariosShareholders holding more than 10% equity where the company suffers serious difficulties in operation and management and continued existence will cause heavy losses to shareholders. The company remains operational without revocation of business license, administrative order to close down or revocation; no expiry of business term or other dissolution causes stipulated in the articles of association; no dissolution resolution adopted by shareholders’ meeting or general meeting; no dissolution triggered by corporate merger or division. However, shareholder deadlock emerges leading to failure of corporate decision-making mechanism.
Service ValueResolve long-term conflicts between majority and minority shareholders, avoid further losses caused by continued operation of the company, facilitate commencement of dissolution and liquidation procedures, prevent unnecessary serial shareholder litigations, and save costs or mitigate losses for clients.
Workflow & Service Contents
Conduct conflict-of-interest check; ask the entrusting party to fill in Consultation Registration Form; lawyers prepare Consultation Record, listen to clients’ statement of basic case facts and clarify entrusting party’s demands and objectives;
Lawyers confirm basic case facts based on clients’ narration, provide relevant laws and regulations, conduct in-depth discussion with clients and analyze feasibility of proposed solutions;
Accept entrustment and sign legal service contract. The entrusting party signs Power of Attorney to confirm authorization; deliver Litigation Risk Notification to the entrusting party; define reasonable agency objectives and preliminary agency plan;
provide Material Collection Guidelines to the entrusting party and guide evidence collection;
review, verify and duplicate evidence materials provided by the entrusting party and prepare electronic copies;
select and confirm the competent court, defendants, third parties and other litigation participants; conduct in-depth case retrieval; confirm the final litigation plan together with clients including agency strategies, litigation claims and corresponding legal bases;
draft legal documents including Complaint and Evidence List;
submit power of attorney materials and all litigation documents to the court, participate in all phases of litigation and attend court hearings;
deliver relevant legal documents to the entrusting party after completion of agency work and prepare closing report;
organize case files for archiving, including electronic and paper versions.
Service TermApproximately 6–24 months, adjustable subject to court scheduling and trial progress.
Service ModeTeam service. 1–2 lead lawyers are responsible for client communication, document and report review, court appearance, settlement and mediation, negotiation with counterparties; 1–2 legal assistants are responsible for data collection, legal research, case retrieval, report drafting and archiving. On-site attendance is not required.
05 Representing Creditors in Lawsuits to Claim Compensation Liabilities against Shareholders / Persons in De Facto Control
Section V Representing Creditors in Lawsuits to Claim Compensation Liabilities against Shareholders / Persons in De Facto Control
Applicable ScenariosCircumstances where creditors fail to obtain full or partial repayment during or after voluntary liquidation or compulsory liquidation proceedings and claim compensation liabilities against corporate shareholders, including: (1) Where shareholders of limited liability companies, directors and controlling shareholders of joint stock limited companies, or persons in de facto control fail to establish a liquidation group within the statutory period to commence liquidation, causing depreciation, loss, damage or disappearance of corporate assets and resulting in losses to creditors; (2) Where shareholders of limited liability companies, directors and controlling shareholders of joint stock limited companies, or persons in de facto control neglect their obligations, leading to disappearance of major corporate assets, account books and important documents which renders liquidation impossible and causes losses to creditors; (3) Where after corporate dissolution, shareholders of limited liability companies, directors and controlling shareholders of joint stock limited companies, and persons in de facto control maliciously dispose of corporate property and cause losses to creditors, or obtain cancellation of legal person registration from company registration authorities through false liquidation reports without lawful liquidation, causing losses to creditors; (4) Where the company completes cancellation registration without liquidation which renders liquidation impossible, and creditors claim that shareholders of limited liability companies, directors and controlling shareholders of joint stock limited companies, and persons in de facto control assume repayment liabilities for corporate debts; (5) Where the company completes cancellation registration without lawful liquidation, and shareholders or third parties undertake liability for corporate debts when handling cancellation registration with company registration authorities, and creditors claim corresponding civil liabilities against such parties.
Service ValueAs liquidation obligors, shareholders of limited liability companies, directors and controlling shareholders of joint stock limited companies and persons in de facto control are legally obligated to establish a liquidation group within the time limit after corporate dissolution, actively conduct liquidation work in strict accordance with law, and complete cancellation registration only after liquidation concludes. Where failure to perform such obligations causes losses to unpaid creditors, creditors may legally claim compensation liabilities from such liquidation obligors. This service provides an effective remedy channel for creditors to recover losses and creates possibilities for debt repayment.
Workflow & Service Contents
Conduct conflict-of-interest check; ask the entrusting party to fill in Consultation Registration Form; lawyers prepare Consultation Record, listen to clients’ statement of basic case facts and clarify entrusting party’s demands and objectives;
Lawyers confirm basic case facts based on clients’ narration, provide relevant laws and regulations, conduct in-depth discussion with clients and analyze feasibility of proposed solutions;
Accept entrustment and sign legal service contract. The entrusting party signs Power of Attorney to confirm authorization; deliver Litigation Risk Notification to the entrusting party; define reasonable agency objectives and preliminary agency plan;
provide Material Collection Guidelines to the entrusting party and guide evidence collection;
review, verify and duplicate evidence materials provided by the entrusting party and prepare electronic copies;
select and confirm the competent court, defendants and other litigation participants; conduct in-depth case retrieval; confirm the final litigation plan together with clients including agency strategies, litigation claims and corresponding legal bases;
draft legal documents including Complaint and Evidence List;
submit power of attorney materials and all litigation documents to the court, participate in all phases of litigation and attend court hearings;
deliver relevant legal documents to the entrusting party after completion of agency work and prepare closing report;
organize case files for archiving, including electronic and paper versions.
Service TermApproximately 6–24 months, adjustable subject to court scheduling and trial progress.
Service ModeTeam service. 1–2 lead lawyers are responsible for client communication, document and report review, court appearance, settlement and mediation, negotiation with counterparties; 1–2 legal assistants are responsible for data collection, legal research, case retrieval, report drafting and archiving. On-site attendance is not required.
06 Representing Creditors in Lawsuits to Claim Compensation Liabilities against Liquidation Groups
Section VI Representing Creditors in Lawsuits to Claim Compensation Liabilities against Liquidation Groups
Applicable ScenariosDuring voluntary liquidation or compulsory liquidation proceedings, the liquidation group fails to perform its statutory duties and causes losses to creditors, who are entitled to claim compensation liabilities against the liquidation group. Circumstances include but are not limited to: the liquidation group fails to fulfill notification and announcement obligations prescribed by law, resulting in failure of creditors to declare claims in a timely manner and obtain repayment; the liquidation group implements an unconfirmed liquidation plan and causes losses to creditors; members of the liquidation group violate laws, administrative regulations or articles of association in liquidation affairs and cause losses to the company or creditors.
Service ValueIt is common for limited liability companies to fail to strictly perform liquidation obligations during voluntary liquidation. This frequently results in creditors being unable to declare claims, conduct effective voting, obtain fair repayment or any repayment at all. This service offers an effective remedy for creditors suffering losses and possesses strong practical value.
Workflow & Service Contents
Conduct conflict-of-interest check; ask the entrusting party to fill in Consultation Registration Form; lawyers prepare Consultation Record, listen to clients’ statement of basic case facts and clarify entrusting party’s demands and objectives;
Lawyers confirm basic case facts based on clients’ narration, provide relevant laws and regulations, conduct in-depth discussion with clients and analyze feasibility of proposed solutions;
Accept entrustment and sign legal service contract. The entrusting party signs Power of Attorney to confirm authorization; deliver Litigation Risk Notification to the entrusting party; define reasonable agency objectives and preliminary agency plan;
provide Material Collection Guidelines to the entrusting party and guide evidence collection;
review, verify and duplicate evidence materials provided by the entrusting party and prepare electronic copies;
select and confirm the competent court, defendants and other litigation participants; conduct in-depth case retrieval; confirm the final litigation plan together with clients including agency strategies, litigation claims and corresponding legal bases;
draft legal documents including Complaint and Evidence List;
submit power of attorney materials and all litigation documents to the court, participate in all phases of litigation and attend hearings or court sessions;
deliver relevant legal documents to the entrusting party after completion of agency work and prepare closing report;
organize case files for archiving, including electronic and paper versions.
Service TermApproximately 6–24 months, adjustable subject to court scheduling and trial progress.
Service ModeTeam service. 1–2 lead lawyers are responsible for client communication, document and report review, court appearance, settlement and mediation, negotiation with counterparties; 1–2 legal assistants are responsible for data collection, legal research, case retrieval, report drafting and archiving. On-site attendance is not required.
07 Special Legal Services for Ex Officio Cancellation of Enterprises
Section VII Special Legal Services for Ex Officio Cancellation of Enterprises
Applicable ScenariosEnterprises (including companies, branches, state-owned enterprises, collective enterprises and other entities), their shareholders or competent authorities falling under any of the following circumstances who fail to apply for cancellation within six months: business license revoked in accordance with law; ordered to close down in accordance with law; registration of incorporation revoked in accordance with law; removed from registration roll in accordance with law.
Service ValueResolve various legal obstacles arising during voluntary liquidation, compulsory liquidation and bankruptcy liquidation; help clients guard against legal risks triggered by failure to timely complete enterprise cancellation (including operational management liabilities and risks arising from continued existence of enterprises); reduce administrative costs for clients with low-cost, efficient and high-quality services.
Workflow & Service Contents
Accept entrustment and sign legal service contract;
Conduct legal due diligence, inquire tax information, litigation records and publicly released judicial information, and issue due diligence report;
Organize asset verification and financial audit as required by the entrusting party;
formulate work plan for ex officio cancellation, highlight legal risks, develop risk prevention and response measures and submit to the entrusting party for approval;
draft legal documents and attachments including Application and Power of Attorney;
submit applications to market supervision authorities, maintain close communication, respond to inquiries and supplement supporting materials;
follow up cancellation announcements and public notices, submit written reports to the entrusting party and complete archiving.
Service TermApproximately 4–6 months.
Service ModeTeam service. One lead lawyer reviews all reports and documents; one to two legal assistants collect materials and conduct archiving. On-site attendance is not required.
08 Administrative Reconsideration or Litigation Involving Ex Officio Cancellation
Section VIII Administrative Reconsideration or Litigation Involving Ex Officio Cancellation
Applicable ScenariosClients who object against ex officio cancellation of enterprises.
Service ValueAssist parties in filing administrative reconsideration or administrative litigation, formulate reasonable reconsideration or litigation plans, provide high-quality agency services for reconsideration and litigation, and safeguard the entrusting party’s legitimate rights and interests.
Workflow & Service Contents
Conduct conflict-of-interest check; ask the entrusting party to fill in Consultation Registration Form; lawyers prepare Consultation Record, listen to clients’ statement of basic case facts and clarify entrusting party’s demands and objectives;
Lawyers confirm basic case facts based on clients’ narration, provide relevant laws and regulations, conduct in-depth discussion with clients and analyze feasibility of proposed solutions;
Accept entrustment and sign legal service contract. The entrusting party signs Power of Attorney to confirm authorization; deliver Reconsideration & Litigation Risk Notification to the entrusting party; define reasonable agency objectives and preliminary agency plan;
provide Material Collection Guidelines to the entrusting party and guide evidence collection;
review, verify and duplicate evidence materials provided by the entrusting party and prepare electronic copies;
select and confirm reconsideration authorities or competent courts; conduct in-depth case retrieval; confirm the final reconsideration or litigation plan together with clients including agency strategies, reconsideration or litigation claims and detailed analysis;
draft legal documents including Application for Administrative Reconsideration, Complaint and Evidence List;
submit power of attorney materials and all legal documents to reconsideration authorities or courts, participate in all phases of reconsideration or litigation and attend hearings or court sessions;
deliver relevant legal documents to the entrusting party after completion of agency work and prepare closing report;
organize case files for archiving, including electronic and paper versions.
Service TermApproximately 4–6 months, adjustable subject to scheduling and hearing progress of reconsideration authorities or courts.
Service ModeTeam service. 1–2 lead lawyers are responsible for client communication, document and report review, hearing attendance and court appearance; 1–2 legal assistants are responsible for data collection, legal research, case retrieval, report drafting and archiving. On-site attendance is not required.
09 Legal Services for File Review of Ex Officio Cancellation Cases
Section IX Legal Services for File Review of Ex Officio Cancellation Cases
Applicable ScenariosRisk prevention for administrative authorities implementing ex officio cancellation against enterprises. Target clients: administrative authorities or institutions organizing file review.
Service ValueAssist administrative authorities in reviewing legality, compliance and rationality of ex officio cancellation case files; standardize ex officio cancellation practices; thoroughly inspect and analyze identified problems; propose practicable legal opinions, lower legal risks in administrative reconsideration or administrative litigation, support law-based administration and provide data support for national legislation.
Workflow & Service Contents
Accept entrustment and sign legal service contract;
Establish special service team in accordance with client demands, complete pre-onboarding preparations including team division and position training for file review;
Hold kick-off meeting; team members arrive on-site, complete material handover and custody; participate in or independently organize file review, conduct research and formulate review standards for ex officio cancellation cases;
Review case files against formulated standards and issue legal opinions covering substantive legality, procedural compliance and rationality of cancellation cases, including accuracy of fact finding for cancellation, legality of evidence sources, correctness of legal application, completeness of legal documents, legality of announcement contents and standardization of legal documents. Special attention shall be paid to objection materials submitted by parties; finally prepare review records and reports;
Summarize overall review results after completion of file review, prepare review analysis report, return materials and complete handover procedures;
Conduct in-depth research on problems existing in cancellation cases, propose targeted operational suggestions based on client conditions, and issue overall review report and legal suggestion letter;
Provide follow-up legal services including training, operational guidelines for ex officio cancellation, case compilations and document compilations as required by clients and complete archiving.
Service TermApproximately 2–6 months.
Service ModeTeam service consisting of 1–2 practicing lawyers and 2–5 legal assistants. On-site attendance is required.
10 Legal Publicity and Training Services on Ex Officio Cancellation
Section X Legal Publicity and Training Services on Ex Officio Cancellation
Applicable ScenariosIndividuals, enterprises, institutions or administrative authorities paying close attention to ex officio cancellation matters.
Service ValueHelp clients fully understand the legal regime governing ex officio cancellation, guard against various legal risks during ex officio cancellation procedures, improve quality and efficiency in handling ex officio cancellation cases and prevent corporate management risks.
Workflow & Service Contents
Accept entrustment and sign legal service contract;
Conduct pre-training survey to identify specific ex officio cancellation cases, key concerns and difficult legal questions to be resolved;
develop training courseware, prepare training materials and manuscripts, confirm trainers, participants, venues and equipment;
conduct trial training and timely revise courseware and materials to guarantee training outcomes;
deliver lectures as agreed, respond to on-site legal consultations, provide practical cases and template operational documents;
conduct post-training effect evaluation, propose courseware optimization suggestions and complete archiving.
Service TermApproximately one month.
Service ModeTeam service. One lead lawyer handles client liaison and reviews all courseware and documents; one to two legal assistants are responsible for data collection, courseware production, on-site support and archiving. On-site attendance is not required.
11 Information Retrieval Legal Services for Ex Officio Cancellation
Section XI Information Retrieval Legal Services for Ex Officio Cancellation
Applicable ScenariosClients who need accurate judgment on the causes of debtor cancellation.
Service ValueHelp creditors accurately analyze materials, precisely identify specific causes of enterprise cancellation, collect and secure evidence confirming whether an enterprise is subject to ex officio cancellation, provide legal advice and concrete solutions, and improve management quality for clients handling cases involving ex officio cancellation.
Workflow & Service Contents
Accept entrustment and sign legal service contract;
Conduct comprehensive investigation on target enterprises, preliminarily judge cancellation causes, define retrieval scope and commence data retrieval;
Conduct progressive retrieval from publicly available information released by market supervision authorities and enrich retrieval database. If causes cannot be confirmed after retrieval, resolve the matter through communication with government authorities, lawyer access to internal industrial and commercial files or application for government information disclosure;
Prepare retrieval and investigation reports based on lawyers’ research and investigation, deliver definite conclusions attached with legal advice and concrete solutions;
respond to client inquiries, provide legal counseling and guidance, assist creditors in resolving core issues in ex officio cancellation cases;
revise and update report templates and databases according to service contents and complete archiving.
Service TermGenerally 1–2 months.
Service ModeTeam service consisting of one practicing lawyer and one to two legal assistants. On-site attendance is not required.
12 Legal Services for Filing Applications for Bankruptcy Liquidation
Section XII Legal Services for Filing Applications for Bankruptcy Liquidation
Applicable ScenariosDebt relief, exemption from legal liabilities and debt recovery.
Service ValueThrough bankruptcy liquidation procedures, corporate shareholders may be exempted from liquidation compensation liabilities and avoid administrative or criminal legal risks arising from overdue tax payment; where enforcement procedures fail to satisfy claims, creditors gain opportunities for debt repayment via bankruptcy proceedings.
Service Contents(1) Conduct due diligence on debtors including without limitation corporate equity structure, creditor’s rights, liabilities and asset ownership; (2) formulate work plan for bankruptcy liquidation and draft relevant legal documents for bankruptcy liquidation; (3) submit bankruptcy liquidation application to the court, participate in hearing proceedings and coordinate court ruling accepting the application; (4) cooperate with the administrator in taking over corporate property, seals, account books, documents and other materials; assist and supervise the administrator in claim verification, asset investigation and financial audit; (5) attend relevant hearings and creditors’ meetings and respond to inquiries raised by the people’s court and creditors’ meeting upon authorization; (6) communicate with the court and administrator, facilitate formal bankruptcy declaration of the company; assist the administrator in asset appraisal and disposal; assist and supervise the administrator in drafting asset distribution plans and distribution of bankruptcy assets; (7) urge the administrator to timely submit liquidation report and apply to the court for a ruling to terminate bankruptcy proceedings; (8) assist and urge the administrator to complete closing procedures including cancellation of industrial and commercial registration and administrator account deregistration; (9) provide consultation opinions or explanations on legal issues arising in bankruptcy liquidation.
Service TermDetermined based on specific circumstances of bankruptcy cases.
Service ModeTeam service. The need for on-site attendance is decided on a case-by-case basis. It is recommended to assign at least two lawyers plus one legal assistant for each case: one lawyer as primary person-in-charge and another as lead handling lawyer.
13 Debt Recovery Legal Services during Enterprise Liquidation
Section XIII Debt Recovery Legal Services during Enterprise Liquidation
Applicable Scenarios(1) Represent corporate creditors in exercising creditor rights including claim declaration, attendance at creditors’ meetings, receipt of distributions and service of documents during bankruptcy cases; (2) Represent corporate creditors in applying for conversion to bankruptcy proceedings where enforcement fails to satisfy claims for debt repayment; (3) Represent corporate creditors in filing bankruptcy liquidation applications against debtors to realize debt repayment for mature claims not exceeding the statute of limitations and unpaid; (4) Represent corporate creditors in filing compulsory liquidation applications against debtors where the company is dissolved without lawful establishment of liquidation group to realize debt repayment.
Service ValueProtect creditors’ legitimate rights and interests to the maximum extent.
Service Contents(1) Conduct full communication with clients: clarify debt repayment status and define debt recovery plan and approach; (2) formulate specific debt recovery plan, work schedule, entrustment contract and quotation, subject to confirmation by clients; (3) draft liquidation application, issue data collection checklist and assist clients in gathering documents required for filing liquidation application against debtors; (4) file bankruptcy liquidation application against debtors with competent courts on behalf of clients; (5) represent clients in court investigation hearings (if applicable) and facilitate communication with bankruptcy divisions of competent courts; (6) communicate with bankruptcy administrators or liquidation groups after the people’s court rules to accept bankruptcy application and confirm claim declaration periods; (7) assist clients in collecting claim declaration materials and declare claims with administrators or liquidation groups; (8) follow up claim verification status and represent clients in raising objections against claim verification results; (9) represent clients in attending creditors’ meetings and voting on relevant proposals; (10) represent clients in participating in asset distribution and receiving relevant documents; (11) handle other legal matters relevant to this project.
Service TermDetermined based on specific case circumstances; complete entrusted matters within the bankruptcy liquidation timeline.
Service ModeProvide special legal services via lawyer team.
14 Out-of-Court Corporate Debt Restructuring Legal Services
Section XIV Out-of-Court Corporate Debt Restructuring Legal Services
Applicable ScenariosEnterprises with development potential and investment value under bankruptcy liquidation.
Service ValueEnable enterprises to maintain sustainable development capacity through debt restructuring.
Service Contents(1) Conduct comprehensive legal due diligence on debtors; (2) solicit opinions from the creditors’ committee; (3) adjust debt restructuring plan; (4) resubmit revised debt restructuring plan; (5) creditors’ committee votes on the restructuring plan; (6) implement the approved debt restructuring plan (including signing debt restructuring agreements with debtors).
Service TermApproximately three months starting from entrustment.
Service ModeProvide special legal services via lawyer team.
15 Representing Debtors in Bankruptcy Reorganization and Composition Proceedings
Section XV Representing Debtors in Bankruptcy Reorganization and Composition Proceedings
Applicable ScenariosDebtors unable to repay mature debts, insolvent or lacking solvency, yet possessing reorganization value and feasibility or prospects for composition.
Service ValueAssist debtors in commencing bankruptcy reorganization or bankruptcy composition proceedings, and help debtors resolve debt difficulties and restore operational capacity through bankruptcy reorganization or composition proceedings.
Workflow & Service Contents
Accept entrustment, sign agency contract and clarify entrustment objectives;
prepare application materials;
submit application materials to the court;
attend hearings;
file an appeal if the court rules to reject the application;
after the court accepts the case, act as the debtor’s representative in bankruptcy reorganization or composition proceedings, complete handover with administrators, verify claim declaration and review status, attend creditors’ meetings, receive and submit legal documents.
Service TermFrom acceptance of entrustment until the people’s court rules that the reorganization plan or composition agreement has been fully implemented.
Service ModeTeam service or individual service.
16 Representing Creditors in Bankruptcy Reorganization and Composition Proceedings
Section XVI Representing Creditors in Bankruptcy Reorganization and Composition Proceedings
Applicable ScenariosBankruptcy reorganization proceedings.
Service ValueSafeguard creditors’ legitimate rights and interests.
Workflow & Service Contents
Accept entrustment and sign agency contract;
prepare application materials if creditors apply for debtor bankruptcy reorganization;
submit application materials to the court;
attend hearings;
file an appeal if the court rules to reject the application;
declare claims with administrators after the court accepts the case;
attend creditors’ meetings and vote on relevant matters;
accept debt repayment distributions and receive repayment funds.
Service TermFrom acceptance of entrustment until the people’s court rules that the reorganization plan has been fully implemented.
Service ModeTeam service or individual service.
17 Representing Investors Participating in Debtor Reorganization
Section XVII Representing Investors Participating in Debtor Reorganization
Applicable ScenariosReorganization investment within bankruptcy reorganization proceedings.
Service ValueStandardize reorganization investment activities and prevent legal risks in investment.
Workflow & Service Contents
Accept entrustment and sign legal service contract;
conduct due diligence on reorganization targets;
submit letter of intent for reorganization participation to the court and administrator or register for reorganization in accordance with administrator’s recruitment announcement;
communicate and negotiate reorganization investment plans with debtors, administrators and creditors;
cooperate with administrators in drafting reorganization plan draft upon selection as reorganization investor;
negotiate with debtor shareholders and major creditors to secure support for the reorganization plan draft;
assist investors in making repayments to creditors in accordance with the debt repayment scheme specified in the reorganization plan after the people’s court approves the reorganization plan draft;
assist investors in conducting debtor business operations in accordance with the continuing operation scheme under the reorganization plan.
Service TermFrom acceptance of entrustment until the people’s court rules that the reorganization plan has been fully implemented.
Service ModeTeam service.
18 Accepting Entrustment from Shareholders or Interested Parties to Handle Derivative Litigation Cases Arising from Bankruptcy Reorganization and Composition Proceedings
Section XVIII Accepting Entrustment from Shareholders or Interested Parties to Handle Derivative Litigation Cases Arising from Bankruptcy Reorganization and Composition Proceedings
Applicable ScenariosDerivative litigation cases arising out of bankruptcy reorganization and composition proceedings.
Service ValueFairly safeguard the entrusting party’s legitimate rights and interests.
Workflow & Service Contents
Accept entrustment and clarify case facts;
assist the entrusting party in communication and coordination with administrators;
assist the entrusting party in learning asset appraisal, auction and disposal progress;
assist the entrusting party in reviewing financial audit results of debtors;
assist the entrusting party in sorting case materials and organizing evidence;
institute lawsuits or respond to litigation based on asset appraisal, auction, disposal and financial audit findings.
Service TermDetermined on a case-by-case basis.
Service ModeIndividual service or team service.