外商投资企业清算办法MEASURESFORLIQUIDATIONOFFOREIGNINVESTMENTENTERPRISES.doc

外商投资企业清算办法 MEASURES FOR LIQUIDATION OF FOREIGN INVESTMENT ENTERPRISES 外商投资企业清算办法 MEASURES FOR LIQUIDATION OF FOREIGN INVESTMENT ENTERPRISES 对外贸易经济合作部令1996年第2号 (Approved by the State Council on June 15， 1996 and promulgated by Decree No. 2 of the Ministry of Foreign Trade and Economic Cooperation on July 9， 1996) 颁布日期实施日期颁布单位:外经贸部 Contents Chapter I General Provisions Chapter II Ordinary Liquidation Section 1 Term of Liquidation Section 2 Liquidation Organization Section 3 Notice and Announcement Section 4 Claims， Debts and Clearing Section 5 Assessment and Disposition of Assets Subject to Liquidation Section 6 The Closing of Liquidation Chapter III Special Liquidation Chapter IV Legal Liabilities Chapter V Supplementary Provisions Chapter I General Provisions Article 1 These Measures are formulated， according to provisions of relevant laws， for the purposes of guaranteeing the smooth conduction of liquidation of foreign investment enterprises， protecting the legitimate rights and interests of creditors and investors and maintaining the social economic order. Article 2 These Measures shall apply to liquidation of Chinese-foreign equity joint ventures， Chinese-foreign contractual joint ventures and foreign-capital enterprises established in accordance with the law within the territory of the People’s Republic of China (hereinafter referred to as enterprises)。 Enterprises declared bankruptcy in accordance with the law shall be handled in accordance with laws and regulations concerning bankruptcy and liquidation. Article 3 Enterprises that can form a liquidation committee to conduct liquidation by themselves shall handle things in accordance with provisions of these Measures regarding ordinary liquidation. Where an enterprise cannot form a liquidation committee to conduct liquidation by itself or the liquidation conducted in accordance with provisions concerning ordinary liquidation has run into serious obstacles， the orga