外商投资企业清算办法 MEASURES FOR LIQUIDATION OF FOREIGN INVESTMENT ENTERPRISES

ll， within 15 days before the conference， notify creditors in writing. A creditor who cannot attend the conference of creditors shall entrust another person by written authorization as his agent to attend the conference.

　　Article 41 The conference of creditors shall exercise the following functions and powers：

　　（1） Examine supporting materi

als given by creditors for their claims， and the amount and guarantee situation of claims； and

　　（2） Find out about the situation of the clearing of debts and convey to the liquidation committee the opinions of creditors with respect to the scheme of liquidation and the situation of the clearing of debts.

　　Article 42 The scheme of liquidation and liquidation report worked out by the liquidation committee must be confirmed by the examination and approval authorities of the enterprise.

　　Article 43 Matters which are not covered by this chapter concerning special liquidation shall be handled by applying provisions of Chapter II of these Measures.

　　Chapter IV Legal Liabilities

　　Article 44 If an enterprise develops new business activities during the period of liquidation， the registration authorities of the enterprise shall order the enterprise to make corrections and may impose a fine between 10，000 and 100，000 yuan.

　　Article 45 Where an enterprise fails to notify creditors or make announcement in accordance with the provisions of Article 17 of these Measures， the registration authorities of the enterprise shall order the enterprise to make corrections and may impose a fine between 10，000 and 100，000 yuan.

　　Article 46 If a Chinese or foreign investor， in violation of the provisions of Paragraph 2， Article 28 of these Measures， dispose of the property of the enterprise in the period of liquidation， the examination and approval authorities of the enterprise shall order a restoration to the original state or order the investor to return the disposed property to the enterprise； where any damage is caused， the investor shall bear the compensation responsibility.

　　Article 47 Where a liquidation committee fails to submit the liquidation report for filing to the examination and approval authorities of the enterprise or fails to submit the liquidation report to the registration authorities of the enterprise in accordance with the provisions of Article 32 or 33 of these Measures， or conceals important facts or omits major matters when submitting the liquidation report， the examination and approval authorities and the registration authorities of the enterprise shall order the liquidation committee to make corrections.

　　If the liquidation committee fails to go through the cancellation formalities for the enterprise in accordance with the provisions of Article 33 of these Measures， the registration authorities of the enterprise shall revoke its business license and make announcement.

　　Article 48 Where an enterprise under liquidation conceals assets， makes false balance sheet or false inventory of assets or distributes the assets of the enterprise before the payment of liquidation expenses and the debts of the enterprise， the examination and approval authorities and the registration authorities of the enterprise shall order the enterprise to make corrections and the registration authorities of the enterprise shall impose a fine between one and five percent of the amount of assets concealed or the amount of the assets distributed before all debts of the enterprise are paid off； the person in charge directly responsible and other person directly responsible shall be imposed a fine between 10，000 and 100，000 yuan.

　　Article 49 If a member of a liquidation committee takes advantage of his position and power to play favoritism and commit irregularities， seek for illegal earnings or embezzle the assets of the enterprise， the examination approval authorities and the registration authorities of the enterprise shall order the person to return the embezzled assets and the registration authorities of the enterprise shall confiscate the illegal earnings and may impose a fine between one and five times the illegal earnings.

　　Article 50 Those violating provisions of these Measures and committing a crime shall be investigated for criminal responsibility.

　　Chapter V Supplementary Provisions

　　Article 51 These Measures shall go into effect as of the date of promulgation

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