How China Customs Enforces the Export Control Law
China’s Export Control Law (ECL) came into effect on 1 Dec. 2020. As it has been almost two years since its implementation, it’s time for us to glimpse how China enforces the ECL.
Trade Dispute Resolution and Debt Collection in China
How Do Debtors in China Pay in Debt Collection?
Payment from a debtor in China is usually made by telegraphic transfer (T/T).
What Happens to You if Your Chinese Debtor Goes Bankruptcy?
Your Chinese debtor can no longer pay off its debts to you alone. You shall be paid together with all of its creditors. You also need to declare your creditor rights to its bankruptcy administrator.
Application of CISG in Arbitration in China: A Case Study with CIETAC
A study on how the CISG is applied by CIETAC sheds light on the ins and outs of its application in arbitration in China.
What Happens to a Chinese Enterprise if It Goes Bankruptcy?
It will lose control over its assets and management, and will no longer be able to pay off any particular debt independently.
A Chinese Company Asks You to Pay to Its Bank Account outside China? It May Be a Scam.
Because it might deny afterward that it was its account, and thus that it received your payment.
Application of the CISG by Chinese Courts
A recent study on the Application of the United Nations Convention on Contracts for the International Sale of Goods in Chinese Courts provides a perspective into how Chinese courts apply and interpret the CISG.
How Do Chinese Courts Examine Bankruptcy Applications?
The examination procedure of the court for accepting bankruptcy cases can be summarized into four stages: applying for bankruptcy, conducting formal examination, accepting the application and accepting the bankruptcy case.
How Does Creditor File Bankruptcy for a Chinese Debtor?
If a creditor wishes to apply for bankruptcy of a Chinese debtor, it shall submit the following materials to the court.
How Does a Chinese Enterprise File Bankruptcy for Itself?
If a debtor files an application for bankruptcy, it shall submit the following materials to the court.
Who Files Bankruptcy in China?
The following parties may apply for bankruptcy of the debtor: the debtor itself, creditors, liquidation obligors, relevant governmental authorities and employee creditors.
Which Entity Can Go Bankrupt in China?
Enterprises can all go bankrupt. In a few places, like Shenzhen, natural persons can go bankrupt. Chinese central and local governments and public institutions cannot go bankrupt. In addition, law firms cannot go bankrupt, either.
How Much Does It Cost to Sue a Company in China?
In China, court fees and attorney fees depend on the amount of your claim. But some fees are fixed, namely the cost of notarization and authentication of some documents in your country.
What Are the Requirements for Bankruptcy in China?
A Chinese enterprise may go bankrupt if both of the following conditions are met: first, it fails to pay its debts as they fall due; and second, its assets are inadequate to pay off all debts or it is clearly insolvent.
Collecting Debts from Chinese Corporate Debtors: Better to Have Its Actual Controller Act as Guarantor in Advance
It is intended to prevent the company’s shareholders from escaping liabilities by hiding under the corporate veil of limited liability.
Who Pays Translation Fee in Chinese Courts? -Sue a Company in China
The party presenting evidence shall pay the translation fee first, and then the losing party shall bear it.
Submission of Foreign Official Documents to Chinese Courts Requires Notarization and Authentication-Sue a Company in China
The ‘foreign official documents’ here refer to official documents formed outside the territory of China.
Is CISG Automatically Applicable in China?
The answer is YES, as long as the international sales of goods contracts are concluded between parties whose places of business are in different Contracting States of the United Nations Convention on Contracts for the International Sale of Goods (the “CISG”). In such cases, the Chinese courts shall apply the Convention automatically.
Why Registration Number Matters in Recovering Debt from Chinese Company?
Because it can help you accurately identify your debtor.