Bankruptcy in China

Insolvency

Processes

* Administration
* Bankruptcy
* Chapter 7 (US)
* CVA
* Conservatorship
* Dissolution
* Examinership
* IVA
* Liquidation
* Provisional liquidation
* Receivership

Officials

* Insolvency practitioner
* Tribunal
* Regulatory agency
* Liquidator
* Referee in Bankruptcy
* Trustee in bankruptcy

Claimants

* Creditor
* Preferential creditor
* Secured creditor
* Unsecured creditor

Restructuring

* Administration (UK)
* Chapter 11 (US)
* Cram down
* Restructuring
* Scheme of arrangement

Avoidance regimes

* Fraudulent conveyance
* Undervalue transaction
* Unfair preference
* Voidable floating charge

Offences

* Fraudulent trading
* Misfeasance
* Trading while insolvent
* Wrongful trading

Security

* Floating charge
* Lien
* Mortgage
* Second lien loan
* Security interest

International

* Chapter 15 (US)
* Cross-border insolvency
* Insolvency Regulation
* UNCITRAL Model Law

By country

* Anguilla
* Australia
* BVI
* Canada
* Cayman
* China
* Hong Kong
* India
* Ireland
* Russia
* South Africa
* Switzerland
* United Kingdom
* United States

Other

* Anti-deprivation rule
* Bankruptcy alternatives
* Creditors' rights
* Chapter 9 (US)
* Debtor
* Default
* Financial distress
* History of bankruptcy law
* List of bankrupts
* Pari passu
* Pre-packaged insolvency
* Sovereign default
* Subordination

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Overview of bankruptcy in China

The Enterprise Bankruptcy Law of the People's Republic of China (trial Implementation) was first passed in 1986. On 1 June 2007, the new Enterprise Bankruptcy Law of the PRC came into force. It contains 136 articles, almost 100 more than the 1986 law it replaced, and consequently it is thought to be more complete legally.

The Enterprise Bankruptcy Law of the PRC was adopted on August 27, 2006, and became effective since June 1, 2007.

Personal bankruptcy laws only exist in Hong Kong and Shenzhen.[1][2]

The Enterprise Bankruptcy Law of the PRC 2007 applies only to the mainland of China. Due to the "one country, two systems" policy of the PRC, different laws and regulations regarding to bankruptcy apply in Hong Kong and Macau.

## References

[edit]

1. ^ "The Bankruptcy Process In Hong Kong". The New Savvy. 2018-05-19. Retrieved 2022-04-07.
2. ^ "The Thing about China's First Personal Bankruptcy Regulation - China Justice Observer". www.chinajusticeobserver.com. Retrieved 2020-12-19.

## External links

[edit]

* China's New Bankruptcy Law Archived 2010-02-02 at the Wayback Machine
* The Enterprise Bankruptcy Law of the People's Republic of China (Trial Implementation)—passed 2 December 1989, effective until 1 June 2007
* The Enterprise Bankruptcy Law of the People's Republic of China—passed 27 August 2006, effective 1 June 2007
* The full text of the code (Mandarin) http://www.gov.cn/ziliao/flfg/2006-08/28/content_371296.htm

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