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Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...

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Companies have been shut down and compensation has been reduced. How to get out of the predicament?

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Article author:Yingting Lawyers Group | Update time:2019-07-09 | Reading times:301

Article introduction: Enterprises have been shut down and compensation has been reduced. How to get out of the predicament?

1. Issues that closed companies need to consider

1. Employee placement issues.

2. Find another place to relocate.

3. The problem of the loss of signed customers and unsigned customers.

4. Including but not limited to damage to intangible assets such as brands.

5. Compensation issues for factories and other buildings.

6. Compensation for decoration losses.

7. Compensation for losses due to suspension of production and business operations.

8. Compensation for loss of immovable equipment.

9. Relocation subsidy issue.

10. Compensation issues for land use rights.

Companies have been shut down and compensation has been reduced. How to get out of the predicament?


2. How to protect the legitimate rights and interests of enterprises?

1. The Yingting Demolition Team learned that in order to obtain policy support, they should explain the situation of the enterprise to the closure authority, including the losses caused by the closure, the development prospects of the enterprise, and expected profits, etc.

2. Report to the enterprise’s industrial development department and seek support from industry-oriented policies and funds.

3. The enterprise has been shut down and the superior administrative agency is required to conduct reconsideration or judicial review.

4. If you want to reopen your business, you can renovate and upgrade your business and make a reservation plan.

Companies have been shut down and compensation has been reduced. How to get out of the predicament?


5. Negotiate with government departments and strive to adopt corrective measures to enable the enterprise to resume production.

6. After the company is shut down, if you want to continue operating, you need to calculate the company's losses, the amount of compensation and other data, and you can find ways to change production.

7. Inventory the property, make a property list, and find a professional appraisal agency to evaluate the property. At least estimate the following basic compensations, refer to the compensation standards for land acquisition and demolition, and request compensation. Basic compensation for enterprise vacancy (land use rights and house replacement), resettlement compensation, machinery and equipment compensation, loss compensation for production and business suspension, breeding and planting compensation, decoration compensation, relocation and other ancillary compensation,

8. Seek legal means to solve the problem. If the enterprise has not negotiated compensation conditions with the competent authorities, the enterprise can apply for administrative reconsideration or administrative litigation within the statutory time limit, and ask a lawyer to negotiate before or during the reconsideration process.

Companies have been shut down and compensation has been reduced. How to get out of the predicament?


Yingting reminds you:

When your business is shut down due to environmental issues, you must actively negotiate with relevant departments to resolve the issue. Do not wait passively or listen to the verbal promises of the staff of the relevant departments, thereby delaying the precious time when you can protect your rights and interests through legal means. You can renovate and upgrade your business, make reservation plans, and try to get your business back in business. In order to obtain policy support, you can also explain the situation of the enterprise to the closure authority, including the losses caused by the closure, the development prospects of the enterprise, and expected profits, etc. You can also report it to the industry development department of the enterprise and strive for support from industry-oriented policies and funds. In addition, higher-level administrative agencies can also be requested to conduct reconsideration or judicial review. If the company cannot continue to engage in original production, it may consider restructuring or changing production. If the compensation given is too low and the company wants to solve the problem through legal means, please pay attention to the legal statute of limitations to avoid missing the statute of limitations and losing the right to win the lawsuit. If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.


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