A Record of Tongwang Enterprise Liquidation Legal Service Team Adhering to Its Responsibilities to Promote the Reorganization of Fengdeng Company
Time:
2020-03-02
Author:
Ye Jianhan, Feng Shunqiang
Source:
Guangxi Tongwang Law Firm
Visits:
27
Set Off
On the morning of February 29, 2020, as dawn broke and people were still asleep, the lawyers from Tongwang Law Firm, along with members of the Fengdeng Company management team, sacrificed their legal rest time to advance the resumption of Fengdeng Company's production and operation activities. Led by Xiong Wei, the secretary-general, and Feng Shunqiang, the deputy secretary-general, they drove towards the Fengdeng Company plant in Natong Town, Long'an County, in the light of dawn. Today, under the guidance and supervision of the Long'an County People's Court, the administrator will transfer the office buildings, factory buildings, machinery, equipment, and other properties necessary for production and operation of Fengdeng Company to Yuke Xin Company, which will organize the resumption of Fengdeng Company's production and operation activities.
Along the way, thinking that today, after the State Council issued the "Notice on Effectively Strengthening Scientific Prevention and Control of the Epidemic and Orderly Doing a Good Job in Resuming Work and Production of Enterprises", I can participate in this property handover activity on behalf of the administrator, and I immediately feel the immense responsibility on my shoulders. Arriving at the Fengdeng Company plant area, the sky was already bright, and there were no clouds in the sky. Everyone got out of the car and immediately devoted themselves to the intense and orderly preparation work. One after another, the personnel participating in today's property handover activity arrived at the scene. Due to the critical period of the national fight against the COVID-19 epidemic, all personnel participating in the property handover activity wore masks, and the site was also equipped with disinfectant and other epidemic prevention materials, and preparations were made to prevent the occurrence of the epidemic.
Activity Start
The property handover activity is divided into two steps: the property handover ceremony and the property handover. The property handover ceremony started at 10:30 a.m. on the same day. The meeting was attended by staff from the Long'an County People's Court, members of the administrator team, and representatives from Yuke Xin Company. The property handover ceremony was presided over by lawyer Feng Shunqiang.

▲The picture shows the scene of the property handover ceremony
How to Fight the Epidemic and Resume Work The Court Points the Way
At the beginning of the property handover ceremony, Judge Yang Yang of the Long'an County People's Court made an instructive speech. Judge Yang Yang instructed: According to the administrator's application, the Long'an County People's Court believes that restoring Fengdeng Company's production and operation is conducive to the preservation and appreciation of Fengdeng Company's assets, conducive to safeguarding the legitimate rights and interests of the majority of creditors, and conducive to the advancement of Fengdeng Company's bankruptcy reorganization case. After research, it has made an approval to agree to Yuke Xin Company to restore Fengdeng Company's production and operation. Yuke Xin Company should, under the guidance and supervision of the court and the administrator, complete the various procedures for resuming production and operation in the shortest possible time and carry out production and operation activities. At the same time, in view of the current important period of fighting against the COVID-19 epidemic, it is necessary to do a good job in epidemic prevention and control during the epidemic period to prevent the occurrence of the epidemic. While grasping production and operation, the focus should be on ensuring the safety of people and property.
Judge Yang Yang's instructions pointed out the direction for how to safely and orderly carry out production and operation activities.

▲The picture shows Judge Yang Yang giving instructions
Helping to Fight the Epidemic and Resume Work The Administrator Has the Courage to Take Responsibility
Lawyer Xiong Wei spoke on behalf of the administrator. Lawyer Xiong stated: According to the requirements of the plan for restoring Fengdeng Company's production and operation approved by the second creditors' meeting of Fengdeng Company, the administrator formed a review committee to conduct competitive negotiations with the registered investors. After the negotiations, the review was conducted immediately, and Yuke Xin Company was finally determined as the investor for restoring Fengdeng Company's production and operation. This decision has been approved by the Long'an County People's Court. Today, the administrator will transfer the properties necessary for restoring production and operation to Yuke Xin Company, which will organize and carry out production and operation activities.
Lawyer Xiong then put forward requirements to Yuke Xin Company, requiring Yuke Xin Company to sign labor contracts with employees, formulate various rules and regulations, do a good job in preventing and controlling the COVID-19 epidemic, and complete various licensing procedures for carrying out production and operation activities, and carry out production and operation activities after obtaining permission from relevant government departments; while carrying out production and operation activities, it is also necessary to do a good job in security, fire protection, environmental protection, etc., and also purchase insurance related to safe production involving personal and property safety to prevent the occurrence of safety accidents, etc.
Lawyer Xiong's speech on behalf of the administrator showed the administrator's responsible and pragmatic work spirit and style.

▲The picture shows Lawyer Xiong Wei speaking on behalf of the administrator
Fighting the Epidemic and Resuming Work Yuke Xin Company Makes a Guarantee
General Manager Wei Maojun spoke on behalf of Yuke Xin Company, and Wei Maojun guaranteed: Yuke Xin Company guarantees to complete various production and operation licensing procedures with relevant government departments under the guidance and supervision of the Long'an County People's Court and the administrator, and do a good job in security, fire protection, environmental protection, etc.; and do a good job in epidemic prevention and control during the COVID-19 epidemic prevention and control period.
Wei Maojun's guarantee on behalf of Yuke Xin Company showed Yuke Xin Company's determination to do a good job in production and operation activities.
At the property handover ceremony, the administrator and Yuke Xin Company signed documents related to production and operation, such as a safe production responsibility letter and a COVID-19 epidemic prevention and control responsibility letter.

▲The picture shows the administrator and Yuke Xin Company signing various documents such as responsibility letters
Property Handover
After the property handover ceremony, the administrator and Yuke Xin Company immediately counted the properties and handed over the properties under the guidance and supervision of the Long'an County People's Court, and successfully completed the property handover work.

▲The picture shows the property handover site
Return Trip
The property handover was completed in the afternoon. The weather was clear and the breeze was gentle. We embarked on our return journey with joy. Due to the impact of the epidemic, everyone did not order meals together at noon, and they felt hungry on the way back, so they drove into the highway service area.
When everyone parked and sat on the ground to eat "lunch", they were filled with emotions: Although we were tired this day, what we did was of great significance. As a production enterprise producing fertilizers and other products, Fengdeng Company has broad market prospects for resuming production during the spring plowing season, and it provides a favorable guarantee for workers to resume employment, laying a solid foundation for Fengdeng Company's production and operation to get on the right track, marking a phased victory in Fengdeng Company's reorganization work. Thinking of the scene of the lawyers from Tongwang Law Firm working hard, braving the wind and dew, day and night, and preventing the epidemic in an orderly manner without any delay after taking over the Fengdeng Company reorganization case, the hardships behind it are only known to oneself, but all kinds of hardships have been transformed into pride and hope today.
Here, we thank the party committee and government for their continued support of our work, and thank the people's court for their continued support of our work. We will work together with one heart and one mind, live up to expectations, adhere to the concept of "Helping to fight the epidemic and resume work, Tongwang is in action", and handle the Fengdeng Company reorganization case fairly, justly, and openly, and live up to the people's court's trust in the administrator and the creditors' trust in the administrator, and strive to push the Fengdeng Company reorganization work to a new level.

▲ The picture shows team members sitting on the ground eating 'lunch'
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