每日一练F4（CHN） 答案回复可见
<p>7 In relation to the Enterprise Bankruptcy Law of China:<br/>(a) state the composition of the creditors’ meeting; (2 marks)<br/>(b) state the general conditions to be met for the creditors’ meeting to approve a resolution; and (4 marks)<br/>(c) state the special procedure that can be taken for the creditors’ meeting to approve a resolution involving the<br/>matters on the settlement agreement or the restructuring of an enterprise in the process of bankruptcy<br/>liquidation. (4 marks)<br/>(10 marks)</p><p>7 This question requires candidates to state the composition of the creditors’ meeting, and state the rules of the creditors’ meeting to<br/>approve a resolution during the process of the enterprise bankruptcy under the Enterprise Bankruptcy Law of China:<br/>(a) In accordance with Article 59 of the Bankruptcy Law, the creditors’ meeting is composed of all the creditors who have declared<br/>their creditors’ right according to law when an enterprise goes into bankruptcy.<br/>(b) In accordance with Article 64 of the Enterprise Bankruptcy Law, any resolution of the creditors’ meeting shall be approved by<br/>the following procedures: 50% or more of the creditors that have the right to vote and attend the meeting vote for the<br/>resolution concerned, representing 50% or more of the aggregate amount of the creditors’ right free from property guaranty,<br/>unless it is otherwise prescribed by this law. Any creditor who has the right to guaranty on particular assets of its debtor and<br/>that has not given up the priority right to be repaid may not enjoy the right to vote for any matter as prescribed in the present<br/>law.<br/>Where any creditor believes that a resolution of the creditors’ meeting has violated law or damaged its interest, it may, within<br/>15 days as of the day when the creditors’ meeting makes a resolution, plead the people’s court to revoke the resolution and<br/>to order the creditors’ meeting to re-make a resolution according to law.<br/>(c) (i) In accordance with Article 65 of the Enterprise Bankruptcy Law, where a resolution involving any matters on the<br/>management of the debtor’s assets or the conversion plan of the insolvent assets can not be adopted at the creditors’<br/>meeting, such resolution shall be ruled by the competent people’s court.<br/>(ii) In accordance with Article 65 of the Enterprise Bankruptcy Law, where a resolution involving any matters on the<br/>distribution plan of the insolvent assets has not been adopted after a second voting at the creditors’ meeting, such<br/>resolution shall be ruled by the competent people’s court.</p> tks 3q kan页:
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