At the end of each year, there are always some friends who ask: the company's bank account is frozen, how can it be unfrozen?
To answer this question, it is like a doctor treating a patient, first by looking at the body or with the help of an examination instrument to find out the cause of the disease, and then prescribe medicine or surgery according to the cause.
To solve the problem of the company's account being frozen, the first thing is to find out which agency the company's account was frozen and what the reason for the freeze is.
First of all, it should be made clear that, according to the existing laws and regulations of the mainland, seven state organs have the right to freeze the deposits of individuals and units in banks: the people's courts, public security organs, state security organs, the military, customs, and taxation authorities. Except for the above-mentioned organs authorized by laws and administrative regulations, no other department has the right to inquire, freeze, or deduct the deposits of individuals and units in financial institutions. Banks and other financial institutions cannot directly freeze the deposits in the customer's account because the customer owes money and does not repay it.
There are two common reasons why a bank account may be frozen:
The first is to encounter a civil lawsuit and apply to the court for property preservation. "Property preservation" refers to the compulsory measures taken by the people's court in accordance with law against the subject matter of the litigation or property related to the case before making a judgment on the case in a case where it may be impossible or difficult to enforce the judgment due to the conduct of one of the parties or other reasons. Before deciding to employ litigation preservation measures, the people's court may order the applicant to provide a guarantee, and where it refuses to provide a guarantee, it shall reject the application for litigation preservation.
The second is that the company's account is frozen by the public security organ due to a criminal case. The bank card is frozen by the public security organs, often because in the process of investigating and handling the case, if the public security organs involve stolen money and goods, all the stolen money and goods involved in the case are sealed, seized, or frozen, or the funds in the bank account are related to the investigation and handling of criminal cases by the public security.
Regardless of the reason for the appeal, in accordance with the principle of professional handling of professional matters, a lawyer and consultant should be hired to guide the resolution. Once a bank account is frozen, it is not easy to unfreeze it.
If the first reason is frozen, you can negotiate a settlement with the other party, and after reaching a settlement agreement, the other party is required to submit an application to the court to lift the freeze, and the other party will generally require the performance of all or part of the payment obligation before unfreezing. If the negotiation fails, you can submit a guarantee to the court to apply for the freezing of the account, and the collateral can be a real estate or a letter of guarantee from a bank or a guarantee (insurance) company. For the unsealing guarantee, because the risk is relatively large, banks and other institutions will be more strict in reviewing and providing it carefully.
If it is frozen in the second case, it is much more difficult to thaw.
First of all, consult the bank to understand the reason for the company's account to be frozen, which institution it was frozen, contact person, phone number, and you can also consult the bank on how to unfreeze.
Secondly, actively cooperate with the investigation, submit evidence of the legitimacy of the account and funds, such as contracts, invoices, WeChat chat records, etc., and no company is involved in any illegal and criminal activities, and the public security organs will usually unfreeze the account after the investigation is completed.
Third, if the bank is unable to provide information on the freezing authority, it can directly consult the anti-fraud center of the county public security bureau where the company is located or in the key area involved in fraud.
Fourth, hire a criminal lawyer to negotiate with the public security organs and request that the account be unfrozen in accordance with the law.
Fifth, if the account has not been unfrozen within the specified time, you can try to promote the unfreezing through appeal or accusation.
Finally, it is reminded that both companies and individuals should improve their awareness of risk prevention, and do not lend their bank accounts or bank cards to others to collect money because of greed for small profits, if they are used by criminals for illegal and criminal acts such as online fraud and online gambling, they will not only suffer from property losses and negative impact on credit, but also become "accomplices" of crimes, and even constitute criminal acts. In particular, the company should operate in accordance with the law, take the signing and performance of the contract seriously, pay taxes in accordance with the law, and do not do anything in breach of contract or illegality. In addition, legal professionals should conduct regular legal compliance examinations on the company to detect signs of risks as soon as possible and eliminate hidden risks.