Supreme People's Court: 20 situations in which the person subject to enforcement may be added

According to the Provisions of the Supreme People's Court on Several Issues Concerning the Modification and Addition of Parties in Civil Enforcement, the person subject to enforcement may be added in the following 20 situations:

Where a natural person who is the person subject to enforcement dies or is declared dead, and the person applying for executor to change or add to the natural person's will administrator, heir, bequest, or other subject who has acquired the estate as a result of the natural person's death or pronouncement is the person subject to enforcement, and bears responsibility within the scope of the estate.

Where a natural person who is the person subject to enforcement is declared missing, and the person applying for enforcement applies to change the custodian of the natural person's property as the person subject to enforcement, and bears responsibility within the scope of the property in escrow.

The legal person or unincorporated organization that is the person subject to enforcement is terminated due to the merger, and the person applying for enforcement applies to change the legal person or unincorporated organization that exists or is newly established after the merger as the person subject to enforcement.

Where a legal person or unincorporated organization that is the person subject to enforcement is separated, and the legal person or unincorporated organization newly established after the application for enforcement applies for a change or additional division is the person subject to enforcement, and bears joint and several liability for the debts determined in the effective legal documents. However, unless otherwise agreed upon in the written agreement reached between the person subject to enforcement and the applicant for enforcement on the settlement of debts before the separation.

The sole proprietorship enterprise, which is the judgment debtor, is unable to pay off the debts determined by the effective legal documents, and the applicant for enforcement applies for a change or addition of its contributor as the judgment debtor. Where the investor of a sole proprietorship enterprise acts as the person subject to enforcement, the people's court may directly enforce the assets of the sole proprietorship enterprise.

Where the trade name of an individual industrial and commercial household is that of the person subject to enforcement, the people's court may directly enforce the property of the proprietor of that trade name.

The partnership enterprise that is the executor is unable to pay off the debts determined in the effective legal documents, and the applicant for enforcement applies for the modification or addition of the general partner as the executor.

As a limited partnership of the executor, if the assets are insufficient to pay off the debts determined in the effective legal documents, and the applicant executor applies for modification or addition of the limited partner who fails to pay the capital contribution in full and on time as the judgment debtor, and bears responsibility within the scope of the failure to pay the capital contribution in full.

The branch office of the legal person that is the person subject to enforcement is unable to pay off the debts determined in the effective legal documents, and the applicant for enforcement applies for a change or addition of the legal person as the person subject to enforcement. Where the liability assets directly managed by a legal person are still unable to pay off their debts, the people's court may directly enforce the assets of other branches of the legal person.

Where, as a legal person subject to enforcement, the directly managed liability property cannot pay off the debts determined in the effective legal documents, the people's court may directly enforce the property of the branch of the legal person.

Where an unincorporated organization other than a sole proprietorship, partnership enterprise, or branch of a legal person is unable to pay off the debts determined in the effective legal documents as the person subject to enforcement, and the subject applying for enforcement to change or add liability for the debts of the unincorporated organization in accordance with law is the person subject to enforcement.

As a for-profit legal person of the judgment debtor, if the property is insufficient to pay off the debts determined by the effective legal documents, and the applicant for enforcement applies for a change, addition of a shareholder, an investor who has not paid or has not paid the capital contribution in full, or the promoter who bears joint and several liability for the capital contribution in accordance with the provisions of the Company Law is the judgment debtor, and is liable in accordance with law within the scope of the unpaid capital contribution.

As a for-profit legal person of the person subject to enforcement, if the property is insufficient to pay off the debts determined by the effective legal documents, and the shareholder or contributor who applies for enforcement to apply for a change or addition of the capital contribution is the person subject to enforcement, and bears responsibility within the scope of the withdrawal of the capital contribution.

The company that is the executor has insufficient assets to pay off the debts determined in the effective legal documents, its shareholders transfer their equity if they fail to perform their capital contribution obligations in accordance with the law, and the applicant for enforcement applies to change or add the original shareholder or the promoter who bears joint and several liability for the capital contribution in accordance with the provisions of the Company Law is the judgment debtor, and bears responsibility within the scope of the failure to contribute capital in accordance with law.

As a one-person limited liability company that is the executor, the property is insufficient to pay off the debts determined in the effective legal documents, the shareholder cannot prove that the company's property is independent of its own property, and the applicant for execution applies for the modification or addition of the shareholder as the executor, and bears joint and several liability for the company's debts.

The company that is the executor shall go through the deregistration without liquidation, resulting in the company being unable to liquidate, and the applicant executor shall apply for the modification or addition of the shareholders of the limited liability company, the directors and controlling shareholders of the joint-stock limited company shall be the executors, and shall bear joint and several liability for the liquidation of the company's debts.

Where a legal person or unincorporated organization that is the subject of enforcement is cancelled or has been revoked for reasons of dissolution, such as having its business license revoked, revoked, ordered to close down, or closed for business, its shareholders, investors, or competent departments accept their property gratuitously, resulting in no legacy property or insufficient property to pay off their debts, and the person applying for enforcement applies to change or add the shareholder, investor, or competent department as the person subject to enforcement, and bears responsibility within the scope of the property accepted.

Where a legal person or unincorporated organization that is the person subject to enforcement goes through deregistration without liquidation in accordance with law, and when the registration organ handles deregistration, the third party undertakes in writing to bear the responsibility for repayment of the debts of the person subject to enforcement, and the applicant for enforcement applies to change or add the third person as the person subject to enforcement, and bears the liability for repayment within the scope of the commitment.

In the course of enforcement, the third party undertakes in writing to the enforcement court to voluntarily perform the obligations determined in the effective legal documents on behalf of the person subject to enforcement, and the applicant for enforcement applies to change or add the third party as the person subject to enforcement, and bears responsibility within the scope of the commitment.

As a legal person or unincorporated organization of the person subject to enforcement, the property is transferred or transferred to a third party without compensation in accordance with an administrative order, resulting in the property of the person subject to enforcement not being sufficient to pay off the debts determined in the effective legal documents, and the applicant for enforcement applies to change or add the third person as the person subject to enforcement, and bears responsibility within the scope of the property accepted.

Index of laws

The Supreme People's Court concerns

In civil enforcement, provisions on several issues concerning the parties are modified or added

(Revised in 2020)

These Provisions are formulated on the basis of the Civil Procedure Law of the People's Republic of China and other legal provisions, combined with enforcement practice, in order to correctly handle the issue of changing or appending parties in civil enforcement and safeguarding the lawful rights and interests of parties and interested parties.

Article 1: In the course of enforcement, the person applying for enforcement, or his heirs or rights holders, may apply to the people's court for modification or addition of parties. Where the application meets the legally prescribed requirements, the people's court shall support it.

Article 2: Where a natural person who is the person applying for enforcement dies or is declared dead, and the administrator of the natural person's estate, heirs, bequeathed person, or other subjects who have lawfully inherited the rights set forth in the effective legal documents as a result of the natural person's death or pronouncement of death, apply to change or add him as the person applying for enforcement, the people's court shall support it.

Where a natural person who is the person applying for enforcement is declared missing, and the custodian of the property of that natural person applies to change or add him as the person applying for enforcement, the people's court shall support it.

Article 3: When a natural person who is the person applying for enforcement divorces, and the rights determined in the effective legal documents are divided in whole or in part to his spouse, and the spouse applies to change or add him as the person applying for enforcement, the people's court shall support it.

Article 4: Where a legal person or unincorporated organization that is the person applying for enforcement is terminated, and the legal person or unincorporated organization terminates the subject that lawfully bears the rights determined in an effective legal document, and applies to change or add him as the person applying for enforcement, the people's court shall support it.

Article 5: Where a legal person or unincorporated organization that is the person applying for enforcement is terminated due to a merger, and a legal person or unincorporated organization that exists or is newly established after the merger applies to change it to the person applying for enforcement, the people's court shall support it.

Article 6: Where a legal person or unincorporated organization that is the person applying for enforcement is separated, and a new person or unincorporated organization that inherits the rights determined in an effective legal document in accordance with the provisions of the division agreement applies to change or add him as the person applying for enforcement, the people's court shall support it.

Article 7: When a legal person or unincorporated person who is the person applying for enforcement is liquidated or goes bankrupt, the rights specified in the effective legal documents are lawfully assigned to a third party, and the third party applies to change or add him as the person applying for enforcement, the people's court shall support it.

Article 8: Where an organ legal person who is the person applying for enforcement is revoked, and the subject that continues to perform its functions applies for modification or addition of him as the person applying for enforcement, the people's court shall support it, except where the rights determined in the effective legal document should be borne by other entities in accordance with law;

Article 9 Where the person applying for enforcement transfers the claim determined by the effective legal document to a third party in accordance with law, and approves in writing that the third party has obtained the claim, and the third party applies to change or add him as the person applying for enforcement, the people's court shall support it.

Article 10: Where a natural person who is the person subject to enforcement dies or is declared dead, and the person applying for enforcement applies to change or add to the natural person's estate administrator, heir, bequest, or other subject who has acquired the estate as a result of the natural person's death or declaration of death, and bears responsibility within the scope of the estate, the people's court shall support it.

Where a natural person who is the person subject to enforcement is declared missing, and the person applying for enforcement applies to change the custodian of the natural person's property as the person subject to enforcement and bears responsibility within the scope of the property in escrow, the people's court shall support it.

Article 11: Where a legal person or unincorporated organization that is the person subject to enforcement is terminated as a result of a merger, and the person applying for enforcement applies to change the legal person or unincorporated organization that exists or is newly established after the merger as the person subject to enforcement, the people's court shall support it.

Article 12: Where a legal person or unincorporated organization that is the person subject to enforcement is separated, and the legal person or unincorporated organization newly established after the application for enforcement applies for a change or addition of the division is the person subject to enforcement, and bears joint and several liability for the debts determined in the effective legal documents, the people's court shall support it. However, unless otherwise agreed upon in the written agreement reached between the person subject to enforcement and the applicant for enforcement on the settlement of debts before the separation.

Article 13: Where a sole proprietorship enterprise that is the person subject to enforcement is unable to pay off the debts determined in the effective legal documents, and the person applying for enforcement applies to change or add its contributor as the person subject to enforcement, the people's court shall support it. Where the investor of a sole proprietorship enterprise acts as the person subject to enforcement, the people's court may directly enforce the assets of the sole proprietorship enterprise.

Article 14 Where a partnership enterprise acting as an executor is unable to pay off the debts determined in the effective legal documents, and the applicant for enforcement applies to change or add the general partner as the person subject to enforcement, the people's court shall support it.

Where the limited partnership enterprise that is the executor is not rich enough to pay off the debts determined in the effective legal documents, and the applicant for enforcement applies for modification or addition of the limited partner who fails to pay the capital contribution in full and on time as the judgment debtor, and bears responsibility within the scope of the failure to pay the capital contribution in full, the people's court shall support it.

Article 15: Where a branch of a legal person that is the person subject to enforcement is unable to pay off the debts determined in an effective legal document, and the person applying for enforcement applies to change or add the legal person as the person subject to enforcement, the people's court shall support it. Where the liability assets directly managed by a legal person are still unable to pay off their debts, the people's court may directly enforce the assets of other branches of the legal person.

Article 16: Where an unincorporated organization other than a sole proprietorship, partnership enterprise, or branch of a legal person is unable to pay off the debts determined in an effective legal document as a person subject to enforcement, and the person applying for enforcement applies to change or add the subject that bears responsibility for the debts of the unincorporated organization in accordance with law as the person subject to enforcement, the people's court shall support it.

Article 17 Where the for-profit legal person who is the person subject to enforcement has insufficient assets to pay off the debts determined in the effective legal documents, and the applicant for enforcement applies for modification, addition, or failure to pay or has not paid the capital contribution in full, or the founder who bears joint and several liability for the capital contribution in accordance with the provisions of the Company Law is the person subject to enforcement, and bears responsibility in accordance with law within the scope of the failure to pay the capital contribution, the people's court shall support it.

Article 18: Where the for-profit legal person who is the person subject to enforcement has insufficient assets to pay off the debts determined in the effective legal documents, and the applicant for enforcement applies for a change or addition of the shareholder or contributor who has withdrawn the capital contribution, and bears responsibility within the scope of the withdrawal of the capital contribution, the people's court shall support it.

Article 19 Where the assets of a company that is the subject of enforcement are insufficient to pay off the debts determined in the effective legal documents, and its shareholders transfer their equity if they fail to perform their capital contribution obligations in accordance with law, and the applicant for enforcement applies to change or add the original shareholder or the founder who bears joint and several liability for the capital contribution in accordance with the provisions of the Company Law is the judgment debtor, and bears responsibility within the scope of the failure to contribute capital in accordance with law, the people's court shall support it.

Article 20 Where the property of a one-person limited liability company that is the executor is insufficient to pay off the debts determined in the effective legal documents, the shareholders cannot prove that the company's assets are independent of their own property, and the applicant for enforcement applies to change or add the shareholder as the executor and bears joint and several liability for the debts of the company, the people's court shall support it.

Article 21 Where a company that is the person subject to enforcement goes through deregistration without liquidation, resulting in the company being unable to liquidate, and the applicant for enforcement applies to change or add the shareholders of the limited liability company, the directors and controlling shareholders of the joint limited company as the judgment debtors, and bears joint and several liability for the liquidation of the company's debts, the people's court shall support it.

Article 22: Where a legal person or unincorporated organization that is the person subject to enforcement is cancelled or has been disbanded for reasons such as having its business license revoked, revoked, ordered to close down, or closed for business, its shareholders, investors, or competent departments accept their property without compensation, resulting in the judgment debtor having no legacy property or the legacy property insufficient to pay off debts, and the person applying for enforcement to change or add the shareholder, investor, or competent department as the person subject to enforcement, and bears responsibility within the scope of the property accepted, the people's court shall support it.

Article 23: Where a legal person or unincorporated organization that is the person subject to enforcement goes through deregistration without being liquidated in accordance with law, and when the registration organ handles deregistration, the third party undertakes in writing to bear the responsibility for repayment of the debts of the person subject to enforcement, and the person applying for enforcement applies to change or add the third person as the person subject to enforcement, and bears the responsibility for liquidation within the scope of the commitment, the people's court shall support it.

Article 24: In the course of enforcement, where a third party undertakes in writing to the enforcement court to voluntarily perform the obligations determined in effective legal documents on behalf of the person subject to enforcement, and the person applying for enforcement applies to change or add the third person as the person subject to enforcement, and bears responsibility within the scope of the commitment, the people's court shall support it.

Article 25: Where, as a legal person or unincorporated organization subject to enforcement, the property is transferred or transferred to a third party without compensation in accordance with an administrative order, resulting in the judgment debtor's property insufficient to pay off the debts determined in the effective legal documents, and the person applying for enforcement applies to change or add the third person as the person subject to enforcement, and bears responsibility within the scope of the property accepted, the people's court shall support it.

Article 26: Where the respondent has already borne corresponding responsibility within the scope of its liability, the people's court must not order it to bear responsibility repeatedly.

Article 27: Where the name or title of an enforcement party is changed, the people's court may directly make the name or subject after the name change as the enforcement party, and indicate the name or title before the change in the legal documents.

Article 28: Where an applicant applies for modification or addition of a party to enforcement, he shall submit a written application and relevant evidentiary materials to the enforcement court.

Except in cases where the facts are clear, the relationship between rights and obligations is clear, and the dispute is not large, the enforcement court shall form a collegial panel to review and publicly hear. Where upon review, the reasons are established, a ruling is made to modify or add them; if the reasons are not established, the ruling is rejected.

The enforcement court shall make a ruling within 60 days of receiving the written application. Where there are special circumstances that require an extension, it shall be approved by the President of that court.

Article 29: Where, during the period when the enforcement court is reviewing an application for modification or addition of a person subject to enforcement, and the applicant applies to take measures to seal, seize, or freeze the respondent's property, the enforcement court shall handle it with reference to the provisions of article 100 of the Civil Procedure Law.

Where the person applying for enforcement applies to the enforcement court for the sealing, seizure, or freezing of the property of the third party before applying for the modification or addition of a third party, the enforcement court shall handle it with reference to the provisions of Article 101 of the Civil Procedure Law.

Article 30: Where the respondent, applicant, or other enforcement party is dissatisfied with the enforcement court's ruling on modification, additional ruling, or rejection of the application, it may apply for reconsideration to the people's court at the level above within 10 days of the date of service of the ruling, except where a lawsuit should be filed in accordance with the provisions of Article 32 of these Provisions.

Article 31: The people's court at the level above shall form a collegial panel to review the application for reconsideration, and make a reconsideration ruling within 60 days of receiving the application. Where there are special circumstances that require an extension, it shall be approved by the President of that court.

Where the respondent who has been ruled to modify or add to the application for reconsideration, during the period of reconsideration, the people's court must not dispose of the property within the scope of the dispute. Where the applicant requests the people's court to continue enforcement and provide corresponding guarantees, the people's court may allow it.

Article 32: Where the respondent or the applicant is dissatisfied with the enforcement court's ruling on modification, additional ruling, or rejection of the application made by the enforcement court in accordance with the provisions of article 14, paragraph 2, articles 17 to 21 of these Provisions, it may file an enforcement objection lawsuit with the enforcement court within 15 days of the date of service of the ruling.

Where the respondent raises an enforcement objection lawsuit, the applicant shall be the defendant. Where the applicant files an enforcement objection lawsuit, the respondent shall be the defendant.

Article 33: After trial, the people's courts shall handle lawsuits against enforcement raised by the respondent in accordance with the following circumstances:

(1) Where the reasons are established, the judgment must not change or add the respondent as the person subject to enforcement, or the scope of responsibility for the judgment modification;

(2) Where the reasons are not established, a judgment rejects the litigation claim.

During the litigation period, the people's court must not dispose of the property within the scope of the respondent's dispute. Where the applicant requests the people's court to continue enforcement and provide corresponding guarantees, the people's court may allow it.

Article 34: After trial, the people's courts shall handle lawsuits against enforcement raised by the applicant in accordance with the following circumstances:

(1) Where the reasons are established, the judgment is modified or the respondent is added as the person subject to enforcement and bears the corresponding responsibility, or the scope of responsibility for the judgment modification is changed;

Article 35: These Provisions take effect on December 1, 2016.

Where, after the implementation of these Provisions, the judicial interpretations previously promulgated by this Court are inconsistent with these Provisions, these Provisions shall prevail

Reprinted: Judicial Case Research Institute of the Supreme People's Court

Supreme People's Court: 20 situations in which the person subject to enforcement may be added

Read on