Viewpoint | Talking about the management of bankruptcy business archives

Published:

2021-11-03

Abstract: The file formed in the bankruptcy business is the crystallization of the collective wisdom of all parties and an important material for research and exchange. Strengthening the management of bankruptcy business files is of great significance to the bankruptcy management team. Key Words: Bankruptcy Business Archives Archives Management With the vigorous development of the market economy, a certain number of "zombie enterprises" have appeared in our country, which has caused a certain negative impact on the national economic development and the improvement of people's living standards. In order to properly solve the problem of "zombie enterprises", my country's legislative and law enforcement agencies have conducted active and effective explorations and summaries, and successively promulgated the "the People's Republic of China Enterprise Bankruptcy Law (Trial)", "the People's Republic of China Enterprise Bankruptcy Law" and related judicial interpretations. On the basis of the group, the bankruptcy administrator system was established. The author had the honor to participate in the law firm as an administrator or administrator member of several bankruptcy business, and fully participated in the filing of archives, deeply aware of the importance of bankruptcy business file management, now on the bankruptcy business file management to talk about a few shallow views, in order to play a brick-and-mortar effect. Bankruptcy Business File According to the relevant provisions of the the People's Republic of China Archives Law (2016 Amendment), the Measures for the Filing of Lawyers' Business Archives, the Measures for the Management of Lawyers' Business Archives and the the People's Republic of China Enterprise Bankruptcy Law issued by the Ministry of Justice and the State Archives Administration, the author believes that, insolvency business files refer to the various forms of historical records of words, charts, audio and video that are directly formed by the parties to the insolvency business (creditors, debtors, liquidation groups or administrators, courts, investors, audit and evaluation agencies, etc.) in the insolvency business, which are of value to the State and society. The Significance of Bankruptcy Business Archives Management The management of bankruptcy business files is of great significance, including but not limited: (I) bankruptcy business file is a comprehensive record of the whole process of the relevant bankruptcy business, which belongs to the evidence category of litigation law. Standardized management of bankruptcy business files has a demonstrative effect when disputes arise between the parties. (II) the standardized management of bankruptcy business files is conducive to the management of research, summing up experience and lessons, and improving the level of business. (III) is conducive to internal training and external exchanges. Bankruptcy business archives management practice Summarizing the wisdom of the bankruptcy business team and the relevant file management personnel, the author believes that the bankruptcy business file management can be carried out according to the following process: (I) uniform instrument format In order to facilitate the standardized management of the business, the format of the creditor's rights declaration materials (declaration registration form, power of attorney, legal representative or responsible person's identity certificate, etc.) and the legal documents issued by the manager shall be standardized and unified, including font, font size, line spacing, etc. In addition, the administrator numbers the creditors uniformly according to the chronological order in which they file their claims. The legal documents issued by the administrator shall have the document number (e. g. "AB Broken Tube Zi No. X", "AB" is the abbreviation of the debtor), and the document number shall be arranged in accordance with the chronological order issued by the documents. (II) collection classification According to the actual situation of the bankruptcy business, the administrator shall collect, classify and store the archival information formed in each bankruptcy business according to the chronological order in which the various types of information are formed. The file information of bankruptcy business can be generally divided into five categories, namely, creditor's rights, asset class, procedural class, audit class and financial class, as follows: The creditor file generally includes:(1) the creditor's claim declaration data submitted by the creditor;(2) the creditor's declaration registration form;(3) the debtor's creditor's rights and debts list;(4) the notice of the manager's review opinion and the receipt of service;(5) the creditor's objection and the attached evidence;(6) the notice of the manager's review opinion and the receipt of service;(7) the creditor's claim and debt offset application;(8) voting letter of employee creditor's rights;(9) voting letter of creditors on the draft reorganization plan;(10) letter of confirmation of creditor's rights;(11) letter of choice of creditor's rights confirmation method;(12) confirmation form of creditor's bank account information;(13) list of unopposed creditor's rights and court ruling;(14) assistance in execution documents served by judicial authorities to the administrator;(15) information on withdrawal of creditor's rights settlement;(16) Certificates of payment for the settlement of claims;(17) Other relevant information. Asset files generally include:(1) photocopies of debtor's certificates, signatures, bank account statistics and handover forms;(2) the debtor's industrial and commercial registration files;(3) the debtor's property takeover and entrusted custody;(4) the contract signed by the debtor;(5) notice of continuing to perform the contract, notice of termination of the contract and investigation records;(6) information on the debtor's foreign investment;(7) notice of creditor's rights settlement;(8) Objection of creditors to the notice of liquidation;(9) Information on construction and finalization of construction in progress;(10) Information on property preservation and cancellation of preservation;(11) Entrusted financial audit, asset evaluation contract and audit and evaluation report;(12) Report and attachment of assets and business affairs handed over to the debtor;(13) Other relevant information. The procedural archives generally include:(1) the court's ruling on accepting the debtor's bankruptcy reorganization and the decision on appointing the administrator;(2) application for opening the administrator's bank account, engraving the administrator's seal and court notice;(3) approval form for the use of the administrator's seal;(4) notice and announcement of creditor's declaration of creditor's rights;(5) decision of the debtor to continue or suspend business;(6) the decision, report and attachment of the manager to appoint the management team;(7) the court's reply;(8) the postal service contract signed by the manager;(9) the inquiry result of the postal express mail number of the manager's mail document;(10) the responsibility letter for safe production target management;(11) all kinds of service receipts;(12) online creditor meeting planning and live broadcast service contract;(13) creditor meeting information;(14) The authorization procedures and meeting minutes of the members of the creditor committee;(15) Information on recruiting reorganization investors;(16) Reorganization investment agreement;(17) Draft reorganization plan;(18) The court's ruling on approving the draft reorganization plan;(19) Documents issued by the administrator;(20) Judgment documents for litigation and arbitration cases;(21) Other relevant materials. The audit information includes:(1) the entrustment agreement between the manager and the auditor for the audit of the cost of the construction in progress; and (2) the audit report on the cost of the construction in progress issued by the auditor. Financial information includes: all financial information formed by the administrator in the insolvency proceedings, such information is compiled and filed by professional financial personnel hired by the administrator in accordance with the financial management process, and is not within the scope of this article. (III) finishing Comprehensively sort out and check all the documents and materials formed in the bankruptcy business, fill in the missing materials and remove the materials that do not need to be filed. In the process of filing, only one copy of written materials with the same content is generally stored, except for those with special needs. (IV) volume, write page number The bankruptcy business archives are divided into volumes according to the criteria of category, relevance and chronological order of formation. Each volume of archival materials shall be numbered page by page using Arabic numerals, and those with words on both sides shall be numbered on both sides. The page number is located in the upper right corner on the front and in the upper left corner on the back (pages without words are not numbered). (V) Compilation Volume Directory After the division of volumes and the preparation of page numbers are completed, an in-volume catalog is prepared, taking the debt catalog as an example, in the following format: List of creditor's rights information "AB" in the "file number" column in the volume catalog is the abbreviation of the debtor, and "x" is the sequence number of the volume in similar files. The "page number" column generally indicates the first page number of the corresponding data, but the last line of the "page number" column indicates that the format of the last data in the volume is "first page number-last page number", such as "201-206". (VI) printing of file case cover and engraving of seal According to the material requirements of national archives management, the cover of archives shall be printed in the following format: According to the classification of archival materials, the four seals of "creditor's rights", "assets", "procedures" and "audit" are engraved respectively. (VII) binding The archives shall be arranged in the order of the case cover, the contents of the case, the case materials and the bottom of the case, and bound into a book. File binding can choose to use the following ways:(1) the use of cotton rope, three holes nailed;(2) the use of riveting tube, two holes nailed. The "category" column on the cover is stamped with the engraved "creditor's rights" and other seals; The column of "document name" indicates the contents of the information in the volume, such as "XX company's creditor's rights declaration data"; The column of "filing person" shall be signed or stamped by the file collator. (VIII) printing file box, box. In order to facilitate file management, after the file data is classified and ordered, it should be classified and loaded into the file box. The front and spine of the file box are formatted as follows: Due to the large number of similar files, the blank column under "category" in the spine of the file box can be stamped with engraved seals such as "creditor's rights. Since the full number of the same bankruptcy business file is unique, the administrator may engrave a seal with an Arabic numeral number and affix it in the blank column under the "full number. The "storage period" is recommended as "long-term" and can be printed directly on the ridge of the file box. "Volume number" refers to the starting and ending file numbers of the files loaded into this file box, such as "AB creditor's rights 0001-0006". "Box number" refers to the sequence number of this file box in the same type of file box. The contents in the cover of the archive box can be filled in by the archives management organization (archives or the archives of the law firm). (IX) Compilation of Full Citation Catalogue and Index of Cover and Full Citation Catalogue In order to facilitate the management and use of archives, the full citation directory and the cover and full citation directory index shall be compiled for the classification of archives. 1. Compile full citation catalogue The administrator is required to compile a full citation catalogue according to the contents of the in-volume catalogue, using the full citation catalogue of claims as an example, in the following format: full citation directory In the full citation catalogue, the "responsible person" is the full name of the manager, the "title" is the name of the data, and the "page number" column generally indicates the first page number of the corresponding data, but the last line of the "page number" column indicates the "first page number-last page number" of the last data in the volume, such as "201-206". 2. Prepare the cover of the full citation catalogue. When binding catalogues, it is generally necessary to bind multiple full-citation catalogues of the same kind of archives together. By compiling the cover of the full-citation catalog, relevant information can be intuitively understood. The format of the full citation catalog cover is as follows: Full Citation Catalog Cover 3. Compile index of full citation directory In order to more easily find the various types of full citation directories and file files in which file box, it is necessary to compile a full citation directory index, for example, the debt category full citation directory index, the format is as follows: Full Citation Directory Index 4. Sorting and binding According to the full citation directory cover, full citation directory index, full citation directory order, bound into a book. Binding shall use cotton string, three holes nailed. (X) File Transfer In general, the number of files formed by each bankruptcy business is large. The bankruptcy reorganization business in which the author participated has bound more than 1000 files of various types, used more than 500 file boxes, and bound more than 10000 pages of full citation catalogue, cover and full citation catalogue index. For such a large file, it is more appropriate to transfer it to the archives where the bankrupt enterprise is located. Of course, if the number of files formed by the bankruptcy business is small or the archives where the bankrupt enterprise is located do not agree to receive them, the administrator will still keep them. The archives management personnel shall conduct strict examination when receiving the archives. Those who do not meet the requirements of the filing regulations shall be returned to the filing person for rearrangement. After all the archives are qualified, the handover procedures shall be handled. The 21st century is an era of vigorous development of artificial intelligence and knowledge economy. As intelligent workers, lawyers should have the enthusiasm and sense of urgency to make the crystallization of wisdom produce economic benefits and social effects. Strengthening the management and use of bankruptcy business files and stringing "pearls" into "necklaces" is the mission entrusted to us by the times. As lawyers, we are duty-bound and should take active action to forge ahead!

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