Huzhou Nanxun has issued work guidelines to standardize the compliance construction of enterprises involved in enforcement

2023-05-11

Thanks to the court's discovery of management issues during the execution process, our company has also expanded its business scale after internal rectification and compliance. Recently, in the face of a follow-up inspection by the Nanxun District People's Court in Huzhou City, Zhejiang Province, Zhang, the head of a wood industry company in Huzhou, repeatedly thanked us. This is a commercial dispute execution case. In August 2021, Chen, who is engaged in transportation business, sued the Wood Industry Company to the Nanxun District Court, demanding payment of over 200000 yuan of transportation payment that has been in arrears for many years. Under the auspices of the court, both parties reached a mediation agreement. But the wood company failed to fulfill the contract. In November 2022, Chen applied for compulsory execution to the Nanxun District Court. During the execution of the case, the Nanxun District Court conducted online inquiries and on-site investigations on the executed person, Wood Industry Company, and frozen their bank accounts with only a small amount of deposits, while also including them in the list of dishonest executed persons. Judge, I have been buying goods for him for many years, but I haven't received any money yet. Please help me... "" I also want to repay the company's account. As you can see, customers are in arrears and it's difficult to collect the payment. Now that the company is listed as dishonest, it's even more difficult for bank loans and business cooperation. "On one hand, there is the economic difficulties of the applicant for execution, and on the other hand, there is the business difficulties of the person being executed. What lies before the execution judge is" both sides are difficult ". In December 2022, things turned around. When the staff of the Nanxun District Court investigated the executed person again, they found that there were instances of poor financial management, such as the payment being directly received by marketing personnel but not delivered to the company, and the company's accounts being chaotic. In fact, the revenue of this company is still good, and there are many business transactions. If there is a financial management issue that leads to a fund rupture, which leads to various lawsuits and operational difficulties, it is too worthless. After examination, the Nanxun District Court believes that the person being executed can carry out compliance rectification of the enterprise involved. After obtaining the consent of the person subjected to enforcement, the court immediately initiated the compliance procedures for the enterprises involved. The person subjected to enforcement also promised to actively rectify the problems in the financial management of the enterprises. After rectification, the audit department will issue an audit report and submit it to the Nanxun District Court. Due to the fact that the executor is a small and micro enterprise, the process of compliance rectification, inspection, and acceptance was completed in less than a month. After passing the compliance acceptance, the Nanxun District Court immediately informed the applicant, Chen, of the company's corporate compliance rectification situation, obtained Chen's understanding, and facilitated the two parties to reach an execution settlement agreement, agreeing to perform in installments. In order to ensure the uninterrupted and orderly operation of the person subjected to execution, and to repay the debt as soon as possible, after consulting with the applicant for execution, the Nanxun District Court deleted the dishonest information of the person subjected to execution in advance, providing breathing space for the wood industry company. On March 30th of this year, the person subjected to execution fulfilled all the execution fees as promised, as expected. It is reported that in April this year, the Nanxun District Court took the lead in issuing the "Guidelines for Promoting the Compliance Construction of Enterprises Involved in Enforcement by the Nanxun District People's Court (Trial)" in the field of enforcement, focusing on the focus of the compliance reform work of enterprises involved in the case. Specific provisions were made for the conditions, initiation methods, application of third-party mechanisms, inspection, evaluation, supervision, and other contents of the compliance procedures applicable to enterprises involved in enforcement, in order to institutionalize and standardize them

Edit:Ying Ying    Responsible editor:Shen Chen

Source:rmfyb.chinacourt.org

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