Application guide for registration of creditors’ rights

Update:Dec,03,2019 Views:2794

I. What are application conditions for registration of creditor’s rights?

1. After the publishing of a public announcement by the maritime court concerning the order of compulsory auction of a ship, the creditors shall apply to register the creditors’ rights (this mainly refers to maritime rights) relating to the ship that is to be auctioned within the period of the public announcement.

2. After the publishing of a public announcement concerning entertaining an application by the maritime court for constituting a limitation fund for maritime claims, the creditors shall, within the period of the public announcement, apply to register the creditors’ rights relating to the maritime accident occurred in specific circumstances.

II. What are files to be submitted for credit registration?

1. Written application and evidence of creditors’ rights.

The written application shall state the amount for registering creditors’ rights and repayment of debt and specify the time, location, cause, details and main content concerning the maritime rights and debts in the part of facts and reasons.

2. Evidence of creditor’s rights

Evidence of creditors’ rights include judgments, orders, conciliation statements, arbitration awards and documents evidencing creditors’ rights, as well as other evidential materials certifying the existence of maritime claims.

3. Documents for the applicant’s subject qualification

If the applicant is a natural person, submit the copy of identification card; if the applicant is a legal person or other organization, submit the copy of business license or organization code certificate and the identity certificate of the legal representative or the person chiefly in charge.

4. Power of attorney

If the agent ad litem is a lawyer, submit the power of attorney and the letter of law firm; if the agent ad litem is a company employee, submit the copy of the employee’s identification card, power of attorney, the copy of labor contract and the aforesaid documents should be affixed with the company’s stamp.

5. Confirmation of service address for legal documents