Accounting firm's work content
I. Accounting firm's work content accepts the appointment and reasonably selects and assigns the staff
After accepting the appointment to act as the administrator, the accounting firm shall set up the project team of the administrator of the enterprise's bankruptcy case according to the decision letter delivered by the court, determine the person in charge of the project, and select and assign the project team members according to the complexity of the bankruptcy case. The project team shall be selected according to the complexity of the bankruptcy case.
The selection of personnel with relevant professional knowledge and licenses to act as administrators is a guarantee of the accounting firm's due diligence. According to the requirements of the duties to be performed by the administrator, the administrator participates in the enterprise bankruptcy case A management, involving accounting, A accounting, asset evaluation, litigation, arbitration, auction, property management, program development and business and other aspects of affairs. Therefore, after the accounting firm accepts the appointment, it should be reasonably equipped with staff according to the actual situation of the bankruptcy case, and if necessary, it can assist in fulfilling the duties of the administrator by hiring other social intermediaries or personnel in this profession, and it can also hire the debtor's management personnel to be responsible for the business affairs during the reorganization period.
Second, the work of the accounting firm complete takeover of the debtor's property, seals and books, paperwork and other information
In the takeover of the debtor's property, seals and books, paperwork and other information, the accounting firm shall, in accordance with the provisions of Article 31 of the Bankruptcy Law, the debtor shall be required to transfer the court to accept the bankruptcy application for at least one year prior to the transfer of the account books, and transfer of the account books, accounting vouchers, financial accounting reports and other accounting information to be handed over, register and make a table, and go through the handover formalities. At the same time, attention shall be paid to the collection from the debtor of the description of the property status that has been submitted to the court, the inventory of debts, the inventory of claims, the relevant financial accounting reports, and the payment of employees' wages and the payment of social insurance costs; the collection of the mortgage of assets, the guarantee contract, the loan contract, and the list of mortgages and guarantees; and, according to the detailed account of assets handed over by the debtor, the checking of the actual quantity of physical assets with the relevant personnel of the debtor, and Confirmation of the ownership, usufructuary rights and security rights of the assets; checking whether the balance of the inventory of debts and claims is consistent with the book balance of the takeover; and whether the actual number of assets subject to mortgages and guarantees is consistent with the list of mortgages and guarantees. The debtor has taken over the property, books and other information, should be employed by the administrator of the staff and the debtor's staff responsible for the management, custody, and clear management practices.
After taking over the debtor's property, the accounting firm should also promptly organize the relevant personnel of the debtor's business status, the composition of the technical staff, the technical situation of the production of strict products, the integrity of the equipment, the market marketability and profitability of the sale of the investigation, analysis, in order to determine the continuation or cessation of the debtor's business.
Third, the accounting firm's work comprehensive investigation of the debtor's property status, the production of property status report
Accounting firms to take over the debtor's property, books, documents and other information, the debtor's property status should be a comprehensive investigation, as soon as possible to produce a report on the status of the property for the convening of the first meeting of creditors to prepare information.
On the one hand, relevant professionals should be organized to audit or review the financial status of the debtor on the date of bankruptcy application ruling and the financial income and expenditure for at least one year before the date of bankruptcy application ruling in accordance with the relevant provisions of Articles 31, 32 and 33 of the Bankruptcy Law to check whether the debtor has transferred property without compensation, traded at an obviously unreasonable price, or provided security for debts without property within one year prior to the acceptance of bankruptcy application by the court. (b) The debtor has not, within one year before the court accepts the bankruptcy application, transferred property without compensation, provided property security for debts not secured by property, paid off debts not yet due in advance, or waived its claims; the debtor has not, within six months before the court accepts the bankruptcy application, committed any act that belongs to the category of the debtor that is already unable to pay off debts due and has insufficient assets to pay off all debts or is obviously lacking in the capacity to pay off debts, but still pays off individual creditors; and the debtor has not, for the purpose of evading debts, engaged in any act of Concealment, transfer of property and fictitious debts or recognize the behavior of untrue debts.
In conducting the above audit or review, the administrator shall determine the wages and medical care, disability benefits and pension costs owed by the debtor to the employees, the basic pension insurance and basic medical insurance costs owed to the employees that should be transferred to their individual accounts, as well as the compensations that should be paid to the employees as stipulated in the laws and administrative regulations, and so on, by dividing the amount owed to the employees by the date prior to August 27, 2006 (the date of the promulgation of the new Bankruptcy Law), and the compensation owed to the employees in the period before and after August 27, 2006 (the date of publication of the new Bankruptcy Law). ) and those owed after August 27, 2006 (the date of publication of the new Bankruptcy Law) shall be investigated and made public. Attention should also be paid to the fulfillment of the debtor's contributor's contribution obligations, the status of the assets over which the security right was created, and the assets over which the security right was created and the general property were recorded separately.
On the other hand, it is also necessary to register creditors' claims in accordance with the requirements of Article 48 of the Bankruptcy Law.
In accepting the creditor's declaration of claims, the creditor should be required to state in writing the amount of the claim and whether there is any property security, and submit the relevant evidence. For the creditor's claim for offsetting the debt owed to the debtor, the provisions of Article 40 of the Bankruptcy Law shall determine whether offsetting is possible. Upon receipt of the materials for declaration of claims, the administrator shall keep a register, examine the claims declared, prepare a list of claims and submit it to the first meeting of creditors for verification. At the same time, it shall compare the declaration of claims by creditors with the entries in the debtor's books of account, and inform the creditors and the debtor of the results of the comparison. Comparison of the results of the inconsistency between the two sides of the creditors and debtors through legal means to resolve.
Fourth, the work of the accounting firm to strengthen the day-to-day management of the bankruptcy case during the trial period, control and supervision of *** beneficial debts and bankruptcy costs
The period of time for the administrator of an enterprise's bankruptcy case to perform his duties shall be from the time of the court's ruling on the acceptance of the bankruptcy application for the appointment of the administrator to the expiration of the period of supervision of the reorganization and the date of the submission of the supervision report of the administrator to the court, or the date of the court ruling on the recognition of the creditor's The period shall commence from the expiration of the reorganization supervision period, the date when the meeting adopts a settlement agreement and the debtor and all creditors reach an agreement of their own on the handling of claims and debts, the date when the administrator transfers property and business affairs to the debtor and submits a report on the performance of its duties to the court, or the date when the court decides to terminate the insolvency proceedings, or the date when the administrator finishes the cancellation of the registration with the original registration authority of the bankrupt. The day-to-day management duties of the accounting firm to the debtor shall be carried out throughout the entire enterprise insolvency proceedings.
Notes on the work of accounting firms
1. Manage and supervise the incurrence of ****beneficial debts to optimize them. Because *** benefit debt can be settled by the debtor's property at any time, therefore, in order to protect the legitimate rights and interests of creditors, accounting firms should strengthen the management and supervision of *** benefit debt, and strive to optimize the occurrence of *** benefit debt. If there is a situation in line with the provisions of Article 73 of the Bankruptcy Law, during the period of reorganization, upon the application of the debtor and the approval of the court, the debtor manages the property and business affairs by itself under the supervision of the administrator, "labor remuneration and social insurance costs payable for the continuation of the business of the debtor as well as other debts incurred as a result of this," and other related **** Beneficial debt occurs in the implementation of the debtor, the accounting firm should strengthen the supervision of *** beneficial debt, if necessary, can be selected and sent with rich management experience and debtor's industry expertise in the debtor's business, before and during the supervision.
2. Pay attention to the debtor's business situation and property status during the reorganization period. If it is found that the debtor's business and property status continues to deteriorate and lacks the possibility of salvage, or the debtor has fraud, maliciously reducing the debtor's property and other significantly unfavorable to the creditors, it should promptly request the court to rule on the termination of the reorganization proceedings and declare the debtor bankrupt.
3. Representing or assisting the debtor to participate in litigation, arbitration or other legal proceedings, to grasp the detailed changes in the debtor's legal relationship.
4. Registering the claims of creditors who have not declared their claims within the period determined by the court, but have supplemented their declarations before the final distribution of the bankruptcy estate.
5. Management and payment of bankruptcy costs, and strive to minimize the controllable costs.
V. Accounting firms work in a timely manner to liquidate the bankruptcy, and do a good job of the bankruptcy of the property of the realization, distribution
In general, the court declared bankruptcy of the debtor, the bankrupt into the bankruptcy debt repayment procedures after the work of the administrator of the bankruptcy case of the enterprise's focus on the work. During this period, whether it is the program of realizing the value of the bankruptcy property or the program of distributing the bankruptcy property, which is directly related to the legitimate rights and interests of the creditors and debtors as well as the employees of the enterprise, the accounting firm shall focus on the following work
1. Employing intermediary institutions with the qualification of asset appraisal to appraise the bankruptcy property. Except for the meeting of creditors who have no objection to the market price of the bankruptcy property of non-state assets and can be exempted from the appraisal with the consent of the court, all other bankruptcy properties should be appraised before the change of price.
2. Formulation of the bankruptcy property price change program. The administrator to formulate the bankruptcy property of the realignment program should be conducive to the maximization of the proceeds of the bankruptcy estate. Generally speaking, can independently produce benefits of the production line, assembly line is appropriate to realize the whole; on the market circulation, the second-hand equipment market is active in the general equipment should be sold; special equipment can be considered "packaged" transfer; on the houses, buildings and their corresponding state-owned land use right to realize the value of the state-owned land use right, such as land use right of the state-owned land is to transfer, the way to obtain, should be taken as the "state-owned land use right". If the state-owned land use right is acquired by way of grant, transfer, should be taken as a "house and land" realization, such as the state-owned land use right acquired by way of allocation, due to the bankruptcy of the enterprise, the relevant government can be resumed, the houses, buildings and state-owned land use right acquired by way of allocation should be sold separately.
Intangible assets such as patents, trademarks, industrial technologies, and proprietary technologies should be transferred together with production lines and assembly lines if they are strongly related to production lines and assembly lines that can generate benefits independently.
Since the realized income obtained when the bankruptcy estate is sold in whole or in part may include the property with security rights, the program of realization of the bankruptcy estate should state the method and basis for the division of the realized income obtained between the property with security rights and the property without security rights.
If the bankruptcy property is realized by auction, the bankruptcy property realization plan should state the method of determining the reserve price of the auction and the auction organization.
If there is property in the bankruptcy estate that cannot be auctioned or restricted for transfer in accordance with the state regulations, the bankruptcy property realization plan shall list the part of the property separately and explain the treatment that can be taken in accordance with the state regulations.
3. Preparation of the distribution plan of the bankruptcy estate. The administrator should pay attention to when drawing up the distribution plan of the bankruptcy estate:
(1) Although Article 109 of the Bankruptcy Law stipulates that the right holders who have the security right in the specific property of the bankrupt shall have the right to be compensated in priority for the specific property, Article 132 stipulates that at the same time, the bankrupt shall be entitled to the wages and medical treatment owed to the employees by the bankrupt on the date of the promulgation of the Law (August 27, 2006) (including the same date), Disability benefits and pension costs, basic pension insurance and basic medical insurance costs owed to employees that should be transferred to their individual accounts, and compensation that should be paid to employees as stipulated by laws and administrative regulations, and the portion that is insufficient to be satisfied after being liquidated in accordance with the provisions of Article 113 of this Law, shall be satisfied with the specific property stipulated in Article 109 of this Law in preference to the right holders that have a security right in that specific property. Therefore, in drawing up the distribution plan for the bankruptcy estate, the order of distribution of the wages and medical and disability benefits and pension costs owed by the bankrupt to the employees before August 27, 2006, the basic pension insurance and basic medical insurance costs owed that should be transferred to the employees' individual accounts, and the compensation that should be paid to the employees as provided for by laws and administrative regulations shall be prioritized over the right holder with a security right in the bankrupt's specific property. rights holders. (2) Rights holders enjoying a security right in the bankrupt's state-owned land use right shall, in accordance with the provisions of Law No. 20036, "If the enterprise has fulfilled the legal A-approval procedures and registered the mortgage in accordance with the law when it created a mortgage on the state-owned land use right acquired by way of allocation, the mortgagee shall only be entitled to a security right when it has paid a sum equivalent to the land use right premium at a discount of the price of the mortgaged property or at an auction or with the proceeds from sale". Land use right premium, the remaining portion can enjoy the right of priority compensation" provisions, the amount payable equal to the land use right premium priority deposit.
4. After the final distribution, the accounting firm shall submit a report on the distribution of the bankruptcy property to the court in a timely manner and request the people's court to rule on the termination of the bankruptcy proceedings.
5. The accounting firm shall, within 10 days from the date of termination of the bankruptcy proceedings, hold the court's ruling on the termination of the bankruptcy proceedings, and apply for deregistration to the original registration authority of the bankrupt. At the same time, in accordance with the provisions of Article 99 of the Legal Interpretation [2002] No. 23 for the transfer of the original takeover of the books, documents and other information.
6. Accounting firm work :After the termination of the implementation of the duties, should be formed in the course of performing a variety of inventories, plans, reports, programs, legal instruments and other file materials are organized and archived, the formation of the work of the draft for inspection.