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Jiao Fa Zi [2020] No. 75

To offices, traffic branches and traffic police brigades:

For the purposes of continuously optimizing the business environment in Beijing, improving the efficiency of enterprise bankruptcy and compulsory liquidation procedures, regulating and facilitating the information inquiry and disposal of motor vehicles under the name of the bankrupt or compulsory liquidation enterprise by the administrator (liquidation group), in accordance with the Enterprise Bankruptcy Law of the People's Republic of China, the Company Law of the People's Republic of China and the Law on Road Traffic Safety of the People's Republic of China, Provisions on Motor Registration and other regulations, matters regarding the information inquiry and disposal of motor vehicles are hereby notified as follows:

I. Identity Certificate of the Administrator (Liquidation Group)

The bankruptcy administrator (liquidation group) designated by the people's court shall submit the identity documents of the administrator (liquidation group) to the traffic management department of the public security organ while handling motor vehicle management information inquiry under the name of the bankrupt or compulsory liquidation enterprise, handling off-site traffic violations, transfer registration, the release of mortgage/pledge, removing seizure and other matters;

1. The administrator shall submit: The ruling paper from the people's court for accepting the bankrupt application (1 copy), the decision for the appointment of the administrator by the people's court (1 copy), the power of attorney for the administrator with authorized matters stated (1 original copy), and the valid identity document of the specific handling person (original copy, only for verification).

2. The liquidation group shall submit: The ruling paper from the people's court for accepting the compulsory liquidation application (1 copy), the decision for the appointment of the liquidation group by the people's court (1 copy), the power of attorney for the liquidation group with authorized matters stated (1 original copy), and the valid identity document of the specific handling person (original copy, only for verification).

II. Querying the Management Information of Motor Vehicles

1. The administrator (liquidation group) may go to the municipal administrative service center, Dongcheng, Xicheng, Shunyi, Mentougou District Administrative Service Center, and the vehicle management office (city office and branch office) of public security traffic management bureau under Beijing Municipal Bureau of Public Security to inquire the management information of motor vehicles under the name of the bankrupt or compulsory liquidation enterprise with the above identity documents.

2. When the administrator (liquidation group) inquires the registration information or violations of the motor vehicles under the name of the entities or individuals associated with the bankrupt or compulsory liquidation enterprise, in addition to the above materials, the administrator (liquidation group) shall also submit the investigation order issued by the people's court indicating the inquiry items.

III. Handling Off-Site Traffic Violations

The administrator (liquidation group) with the above identity documents may go to the traffic management branches under the public security organ and the law enforcement stations of Development Zone brigade in Beijing to deal with the off-site traffic violations of motor vehicles under the name of the bankrupt or compulsory liquidation enterprise according to law.
If it is impossible to determine the driver of the motor vehicle liable for the above mentioned off-site traffic violations, the administrator (liquidation group) may provide the above-mentioned identity documents, the identity information (name and ID card number) of the legal representative of the bankrupt or compulsory liquidation enterprise, and the legal representative shall accept the fine as the vehicle administrator, and the motor vehicle driver's license and driving license will no longer be required. After the traffic management department of the public security organ issues the notice of a penalty decision and payment notice, they shall be delivered to the specific handling personnel.

IV. Handling the Release of Seizure and Mortgage/Pledge of Motor Vehicles

1. The administrator (liquidation group) may handle the release of seizure and mortgage/pledge registration of motor vehicles under the name of the bankrupt or compulsory liquidation enterprise with the aforesaid identity materials at the vehicle management office (municipal office and branch office) under the traffic management department of the public security organ and municipal administrative service center;

i. As for the motor vehicles that have been registered for mortgage/pledge under the name of the bankrupt or compulsory liquidation enterprise, before the administrator (liquidation group) handles the vehicle transaction and sale, the administrator (liquidation group) shall take the above-mentioned identity documents and handle together with the mortgagee/pledgee, or handle the release of mortgage/pledge according to law with the above-mentioned identity documents, the relevant judgment, mediation agreement and other legal documents as well as the notice to assist in enforcement issued by the people's court.

ii. If a motor vehicle under the name of a bankrupt or compulsory liquidation enterprise is seized by a judicial organ according to law, the administrator (liquidation group) shall handle the procedures for removing the seizure according to law with the above-mentioned identity documents and the notice of the people's court on assisting in removing the seizure, without the presence of the personnel from the people's court.

2. The administrator (liquidation group) may handle the transfer registration of relevant motor vehicles and the issuance of motor vehicle inspection compliance mark with the above-mentioned identity documents and relevant agreement documents on disposing motor vehicles under the name of the bankrupt or compulsory liquidation enterprise according to law. In case the number plate or driving license of a motor vehicle is lost, no replacement is required.

V. This Circular shall come into force as of the date of issuance.

Beijing Traffic Management Bureau
April 17, 2020