Application (for applying for property preservation before litigation or arbitration)
Application (for applying for property preservation before litigation or arbitration)
Applicant:
Legal representative / designated agent: ×××，……。
Entrusted agent ad litem: ×××，……。
Respondent: ×××，……。
……
(the basic information such as the names of the parties and other participants in the proceedings shall be indicated above)
Request:
Seal up / detain / freeze the respondent ××× (specify the name, nature, quantity or amount, location, etc. of the property to be preserved).
Facts and reasons:
(specify the facts and reasons for applying for property preservation before litigation / arbitration).
The applicant provides… (specify the name, nature, quantity or amount, location, etc. of the guaranteed property) as a guarantee.
Sincerely
×××× People’s court
Applicant (signature or seal)
×××× year ×× month ×× Day
[description]
- This form is formulated in accordance with the first paragraph of Article 101 of the Civil Procedure Law of the people’s Republic of China for the interested parties to apply to the people’s court for pre litigation property preservation before filing a lawsuit or applying for arbitration.
- If the party is a legal person or other organization, the name and domicile shall be indicated. The legal representative, the main person in charge and their names, positions and contact information shall be indicated on the other line.
- If the interested party fails to apply for preservation immediately because of the emergency, which will cause irreparable damage to its legitimate rights and interests, it may apply to the people’s Court of the place where the property to be preserved is located, the place where the respondent has his domicile, or the people’s court with jurisdiction over the case for preservation measures before initiating a lawsuit or applying for arbitration.
- Where an interested party applies for pre litigation preservation, it shall provide guarantee. Where an application is made for property preservation before litigation, a guarantee equivalent to the amount of preservation requested shall be provided; Under special circumstances, the people’s court may handle the matter at its discretion.
- If there is an error in the application, the applicant shall compensate the respondent for the loss caused by preservation.
