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Can I freeze other people’s fund accounts and shares?

The People's Court shall not seal up, detain, or freeze the following properties of the person subject to execution:

(1) Clothes, furniture, and cooking utensils necessary for the life of the person subject to execution and his dependent family members , tableware and other items necessary for family life;

(2) Necessary living expenses for the person subject to execution and his dependent family members. If there is a local minimum living security standard, the necessary living expenses shall be determined in accordance with this standard;

(3) Necessary items for the person subject to execution and his dependent family members to complete compulsory education;

(4) Undisclosed inventions or unpublished works;

(5) Auxiliary tools and medical items necessary for the person subject to execution and his dependent family members to deal with physical defects;

(6) Medals and other items of honorary recognition received by the person subject to execution;

(7) In accordance with the "Procedural Law of the People's Republic of China for the Conclusion of Treaties", the People's Republic of China and the People's Republic of China shall , property that is exempted from seizure, seizure, and freezing as stipulated in treaties, agreements and other documents with the nature of treaties and agreements concluded with foreign countries and international organizations in the name of the Government of the People's Republic of China or government departments of the People's Republic of China. ;?

(8) Other property that shall not be seized, detained, or frozen as stipulated by laws and judicial interpretations.

Article 5 of the "Regulations of the Supreme People's Court on Seizing, Detaining, and Freezing Property During Civil Execution by People's Courts" (Fa Interpretation [2004] No. 15). Other provisions prohibiting the seizure, seizure, or freezing of property:

1. "Notice of the Supreme People's Court on the Party Dues of Enterprise Party Organizations Should Not be Freeze or Transferred as Enterprise Property During Enforcement" (Law [2005] 〕No. 209) stipulates: "The party dues of the enterprise party organization are the funds paid by each party member of the enterprise to the party organization in proportion to their monthly salary for the activities of the party organization. The party dues are managed uniformly by the party committee's organizational department on behalf of the party committee, with separate accounts and special funds. , is not the liability property of the enterprise. Therefore, when the enterprise is the party subject to execution, the people's court shall not freeze or allocate the party dues of the enterprise's party organization, and shall not use the party dues to repay the debts of the enterprise if the execution applicant provides evidence. If an enterprise deposits its funds into a party dues account and applies to the People's Court for execution of the funds, the People's Court may freeze the funds first; if the person subject to execution provides sufficient evidence to prove that the funds are party dues, the People's Court shall lift the freeze. ”

2. Article 3 of the "Reply of the Supreme People's Court on whether industrial trade unions and grassroots trade unions have the qualifications of corporate legal persons and whether concentrated trade union funds can be frozen and allocated" (Fafu [1997] No. 6): “According to the provisions of the Trade Union Law, trade union funds include dues paid by trade union members, funds allocated to the trade union by enterprises, institutions and agencies that establish trade union organizations at a rate of 2% of the total monthly wages of all employees, and funds affiliated to the trade union. The income turned over by enterprises and public institutions and subsidies from the people's government shall be allocated to the local federations of trade unions at all levels and the national federation of trade unions on a monthly basis. The "union fund concentration account" has nothing to do with enterprise operating funds and is used exclusively for the concentration and distribution of labor union funds. Expenses or funds cannot be misappropriated or transferred in this account. Therefore, the people's court should not use union funds when hearing cases. It is regarded as the property of the enterprise where the enterprise is in debt, and the union funds and the funds of "union fund concentrated households" should not be frozen or allocated. "

3. "The Supreme People's Court strictly prohibits the freezing or allocation of funds. "Notice on Allocating Basic Living Security Funds for Laid-off Employees of State-owned Enterprises" (Law [1999] No. 228) stipulates: "The basic living security funds for laid-off employees of state-owned enterprises are raised by the method of enterprise, society and finance each bearing one-third. The enterprise re-employment service center sets up a special account for management, which is specially used to ensure the basic livelihood of laid-off workers. It is in the nature of a special fund and cannot be used for other purposes. It cannot be treated the same as other property of the enterprise when hearing and executing economic dispute cases. The special funds deposited in the enterprise re-employment service center shall not be disposed of as enterprise property, and the funds shall not be frozen or allocated to pay off enterprise debts."

4. "The Supreme People's Court's Notice on "Notice on Seizing, Freezing, and Withholding Social Security Funds When Hearing and Enforcing Civil and Economic Dispute Cases" (Fa [2000] No. 19) stipulates: "...when hearing and enforcing civil and economic dispute cases, the people's courts in various places shall not Social insurance funds shall be seized, frozen or deducted; social insurance funds shall not be used to repay the debts of social insurance institutions and their former subordinate enterprises.