Does a Bankrupt Company Still Have to Comply with Judgment Enforcement?

My company, in its capacity as a commercial legal entity, is currently serving a criminal sentence. However, we are presently undergoing bankruptcy procedures. Therefore, will the company still have to comply with the criminal sentence after bankruptcy?

Based on Clause 2, Article 11 of Decree 55/2020/ND-CP stipulates as follows:

  1. In the event that a commercial legal entity is dissolved or bankrupt, the criminal judgment execution agency shall carry out procedures to terminate the execution of the judgment as follows:

a) The criminal judgment execution agency cooperates with the state management agency for the commercial legal entity to make a record of determining the dissolution or bankruptcy of the commercial legal entity;

b) The head of the criminal judgment execution agency issues a decision to terminate the execution of the judgment for the commercial legal entity and sends that decision to the court that issued the judgment execution decision, the same-level procuracy, the commercial legal entity, and the state management agency for the commercial legal entity;

c) The criminal judgment execution agency and the state management agency for the commercial legal entity publish the decision to terminate the execution of the judgment for the commercial legal entity. The publication is carried out according to the provisions of Clause 2, Article 9 of this Decree.

Thus, for commercial legal entities upon dissolution, they are not required to comply with the execution of criminal judgments according to the above regulations.

Respectfully!

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