News

In recent years, with the deep development of enterprises, enterprise credit problems lead to many enterprises in the business process by many restrictions. Recently, JIA LAWYER Chongqing Branch carried out ‘how to repair corporate credit’ training, the training aims to further enhance the professional ability of lawyers in providing quality legal services for enterprises, practical skills and theoretical literacy. The training was led by Tang Zhangfu, Director of Chongqing Branch.

What platforms are involved in enterprise credit repair? Some of them are: China Judicial Instruments Network, Credit China, China Court Trial Disclosure Network, China Enforcement Information Disclosure Network, State Administration for Market Supervision and Administration, National Enterprise Credit Information Disclosure System, Enterprise Search, Tianye Search, Ai Enterprise Search, Qixinbao. 

The scope of repair includes: ① administrative penalty records; ② litigation records + court records + trial records + historical litigation records; ③ third-party platform record repair, such as Tianyancha, Enterprise Search, Ai Enterprise Search, Qixinbao, etc.; ④ enterprise loan or credit report overdue records.

In the course of the meeting, the participating lawyers had an in-depth discussion on their understanding and knowledge of enterprise credit repair.

Firstly, lawyers need to clarify the types of corporate credit repair, which may include administrative penalties, judicial records, industry blacklists and so on. Different types of records correspond to different legal basis and cancellation procedures, so this step is critical. For example, if it is an administrative penalty, it may require administrative reconsideration or litigation; if it is a credit record, it may require communication with the credit bureau.

The next step is to verify the legality of the business credit repair. The lawyer has to check whether the record is made on the basis of lawful procedures, whether it is supported by evidence and whether it has a legal basis. If there are procedural violations or insufficient evidence, there may be a chance to apply for revocation.

Then comes the formulation of a solution. Depending on the situation, the lawyer may choose administrative review, administrative litigation, or negotiation and communication. For example, if the business has corrected the problem, it may be possible to negotiate a request for the administrative body to voluntarily expunge the record. Negotiation skills of the lawyer are needed here.

In terms of preparing materials, lawyers need to collect evidence, such as rectification certificates and compliance documents, as well as legal documents such as complaints and defence pleadings.

In terms of legal procedures, there are different processes and time limits for different avenues of revocation. For example, an administrative review has to be filed within 60 days, while an administrative litigation is within 6 months. The application for restoration needs to strictly adhere to these deadlines or the opportunity may be lost.

In the communication and coordination part, the lawyer needs to communicate with various parties, such as administrative authorities, courts, credit bureaus, and may have to coordinate with the internal departments of the enterprise to provide information. This part emphasises the lawyer's co-ordination and communication skills, and the user may want to know how the lawyer actually operates.

Follow-up on results, regardless of whether the revocation is successful or not, the lawyer has to give feedback on the results, and if unsuccessful, further legal action may be required. This gives the user an expectation of what steps may follow.

Finally, there are preventative measures, where the lawyer helps the business to set up a compliance system to avoid recurring problems. This part may not be considered by the users, but it is important because prevention is better than cure.

Through this training, the Chongqing office set up a sharing and communication platform, which enabled the lawyers to expand their horizons, improve their knowledge structure, and enhance their comprehensive understanding and grasp of enterprise credit repair, thus improving the professional ability and service level of the lawyers, in order to better provide credit repair legal services for clients.

In the future, Chongqing Branch will grasp the enterprise credit repair business to build a legal service product, and continue to pay attention to the development trend of the enterprise credit business, to build an excellent service platform for the enterprise credit repair business, and continue to build the firm into a leading legal service organisation.