深圳经济特区企业破产条例（二）

the creditor’s rights is unable to join in the distribution because of litigation， an equivalent amount of assets shall be drawn from the assets of bankruptcy at the time of distribution by the liquidation group.

　　Article 74 After the assets of bankruptcy being distributed， the liquidation group shall apply to the people‘s court for making order on termination of bankrupt procedure and publishing an announcement thereof.

　　The aforesaid order shall be subject to no appeal.

　　Article 75 The distributive assets of the bankrupt enterprise， which are found within two years from the date the bankrupt procedures being ruled to end ， shall be added to supplementary distribution by the people‘s court.

　　Article 76 After the declaration of bankruptcy， in case the assets of bankruptcy are insufficient for repaying the bankrupt costs， the liquidation group may apply to the people‘s court for declaration of termination of bankrupt procedure and an announcement thereof.

　　Article 77 After the termination of bankrupt procedure， the uncompensated creditor‘s rights shall not be compensated any more.

　　Article 78 After the termination of bankrupt procedure， the liquidation group shall apply for cancellation of registration of the bankrupt enterprise to the authority originally registered the enterprise.

　　Chapter VI Petty Bankruptcy

　　Article 79 Provisions in this chapter may be applied where a people's court handles a petty bankruptcy case in which the facts are clear， creditor‘s rights and debts are clearly specified and the assets of bankruptcy or amount of debts are less than RMB 500，000.

　　Article 80 The creditors who have received a notice shall declare the creditor‘s rights within 15 days upon the date the people’s court accepting the bankrupt case and publishing an announcement， while those have not received a notice shall declare within 30 days.

　　Article 81 Where a people‘s court handles a petty bankruptcy case， it may make the decision on whether a creditors meeting shall be held according to concrete circumstances. The powers of a creditors meeting shall be exercised by the people’s court in case it makes a

decision that a creditors meeting shall not be held.

　　Article 82 Where a people‘s court accepts a petty bankrupt case， a liquidation group may not be established. The powers of a liquidation group， if no such group established， shall be exercised by the people’s court.

　　Article 83 Where a people‘s court accepts a petty bankrupt case， the assets of bankruptcy shall be distributed in a lump sum.

　　Article 84 Relevant provisions of these regulations shall be applicable to other matters which are not prescribed in this chapter.

　　Chapter VII Punishment Provisions

　　Article 85 After the state-owned enterprise being declared to go bankruptcy， the relevant governmental authorities and auditing authority shall be in charge of finding out the liabilities for the bankrupt enterprise and shall give administrative sanctions to the relevant persons with primary responsibility， and the persons responsible shall be prosecuted for criminal responsibility according to law in case it constitutes a crime.

　　Article 86 Relevant persons， in violation with the provisions of these regulations， refuse to make explanations ， replies ，statements ，records to the people‘s court ，creditors meeting ，conciliation supervision group ，or liquidation group without reasonable grounds ，or make false explanations， replies， statements， records ，or refuse to submit relevant explanation， books， or refuse to hand over assets， books or documents， shall be imposed a fine of no less than 1，000 but no more than 10，000. If there are crimes ，they shall be prosecuted for criminal responsibilities.

　　Article 87 In case the legal representative or relevant responsible person of the conciliation or bankrupt enterprise commits any one of the acts listed in Article 18 of these regulations， he shall be imposed a fine of no less than RMB 10 thousand but no more than RMB 100 thousand other than compensating for the damage， and shall be prosecuted for criminal liability according to the law in case it constitutes a crime.

　　Article 88 The legal representative or relevant responsible person， who deserts without the permission of the people‘s court， shall be imposed a fine of no less than RMB 10 thousand but no more than RMB 50 thousand.

　　Article 89 In case the members of the liquidation group and the supervisory group of conciliation， the bankrupt creditors and their representatives take a bribe or make an agreement on illegal benefit， they shall be confiscation of their illegal gains and be imposed a fine of no less than RMB 10 thousand but no more than RMB 50 thousand， and shall be prosecuted for criminal liability according to the law in case it constitutes a crime.

　　Article 90 Anyone， who is liable for offering a bribe or illegal benefit for the members of the liquidation group and the supervisory group of conciliation， the bankrupt creditors and their representatives， shall be confiscated of illegal gains and be imposed a fine of no less than RMB 10 thousand but no more than RMB 50 thousand， and shall be prosecuted for criminal liability according to the law in case it constitutes a crime.

　　Article 91 The position of legal representative or other leader shall not be held by a legal representative or other relevant functionary of a bankrupt enterprise who beard direct liability therefore and not more than three years have elapsed since the date of end of bankruptcy.

　　Chapter VIII Supplementary Provisions

　　Article 92 The Shenzhen Municipal People‘s Government may formulate the detailed implementing measures in accordance with these regulations within the limits of its functions and powers.

　　Article 93 These regulations shall take effect as of March 1， 1994

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