China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Guangdong Courts Issues 21 Typical Bankruptcy Cases - China Legal News

Sat, 16 Jan 2021
Categories: China Legal Trends

avatar

 

On 20 Dec., Guangdong High People's Court issued 21 typical bankruptcy cases to optimize the business environment.

Of the typical cases issued this time, there are 15 cases of bankruptcy reorganization and reconciliation, accounting for 71%. For example, Huahan Science and Technology Co., Ltd. (华瀚科技公司), with over 200 patented technologies and debts of over CNY 5 billion, has more than doubled the repayment rate of ordinary claims through restructuring employee claims and fully repaying tax claims.

For enterprises in difficulties found in the execution process, Guangdong courts actively take advantage of the "execution to bankruptcy" procedure. For enterprises that really do not meet the conditions for reorganization, Guangdong courts set up the concept of continuously operating and adopt the method of transferring assets as a whole to preserve the business value of the enterprises and enhance the recovery rate of creditors.

Amid the COVID-19 pandemic, Guangdong courts have guided the enterprises in trouble to make timely applications for reorganization and carry out treatment through legalized and market-based approaches. In the bankruptcy reorganization case of Guangdong Hancai New Material Technology Co., Ltd.( 广东邯彩新材料科技公司), the court effectively reduced the time cost through such practice as "guaranteed investors and public recruitment". Within five months, from the start of reorganization procedures to the completion of the reorganization plan, the company achieved the goal of revitalizing assets amounted to CNY 96.3 million, increased its asset value by 50%, and realized the repayment rate of 62.6% in respect to ordinary claims. 

Contributors: Yanru Chen 陈彦茹

Save as PDF

You might also like

SPC Releases Typical Cases to Support Hong Kong Arbitration

In September 2024, China’s Supreme People’s Court (SPC) released six typical cases to demonstrate its support for Hong Kong arbitration, emphasizing judicial cooperation and the recognition of arbitral awards to foster international arbitration development.

SPC Sets Standards for Punitive Damages in Food Safety

In August 2024, China’s Supreme People’s Court (SPC) issued a judicial interpretation that addresses punitive damages in food safety cases, featuring typical cases to establish uniform standards and enhance consumer protection.

Authenticating Documents for Use in Chinese Courts: Apostille or Not?

The 1961 Apostille Convention, effective in China as of November 2023, simplifies the authentication of foreign documents for use in Chinese courts by replacing traditional consular legalization with apostille. Note that authentication is only required for certain types of documents under Chinese law, and the apostille process applies only when the 1961 Convention is relevant.

SPP Releases 2024 Mid-Year Case Data

In the first half of 2024, China's Supreme People's Procuratorate (SPP) reported significant increases in arrests and prosecutions, as well as a notable rise in retrials based on their recommendations in civil cases.

China Intensifies Crackdown on Cross-Border Telecom Fraud

In July 2024, China's Supreme People’s Procuratorate (SPP), Supreme People’s Court (SPC), and the Ministry of Public Security released ten typical cases to highlight their intensified efforts to combat cross-border telecom and online fraud, emphasizing organized crime and emerging technologies.

China's Clean Energy Progress Report (2024)

China's 2024 white paper titled “China’s Energy Transition” shows clean energy now makes up 58.2% of installed power capacity, with wind and solar increasing tenfold over a decade, and clean energy consumption rising from 15.5% to 26.4% of total energy use.

SPC Releases Typical Cases on Foreign Law Ascertainment

In July 2024, China's Supreme People's Court (SPC) issued its first batch of typical cases to illustrate the application of foreign laws, aiming to enhance the judiciary's understanding of its 2023 judicial interpretation on ascertainment of foreign law.

China Updates Regulation for State Secrets Law

In June 2024, China revised the implementing regulation for its State Secrets Law, enhancing classification procedures, personnel confidentiality management, and secrecy inspection standards.