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Can the social security fund of an employer be frozen judicially?

According to the "Regulations on Banking Financial Institutions Assisting the People's Procuratorate, Public Security Bureau, and National Security Agency in Inquiries and Freezing Work" issued by the China Banking Regulatory Commission, judicial organs cannot freeze social security funds of units.

The "Regulations on Banking Financial Institutions Assisting the People's Procuratorate, Public Security Bureau, and National Security Agency in Inquiries and Freezing Work" stipulates the working procedures that both banks and judicial authorities should perform when banking financial institutions assist in the inquiry and freezing of deposits of individuals or entities involved in cases, as well as the freezing of inquiry funds.

The scope has been specifically stipulated, and the scope that cannot be frozen includes: deposit reserves and reserves of financial institutions; reserves of specific non-financial institutions; special accounts for closed loans (during the period when closed loans are not settled); commercial bill margins; securities

Investor protection fund, insurance protection fund, deposit insurance fund, trust industry security fund; party and league dues accounts and union fund centralized accounts; social insurance funds; basic living security funds for laid-off employees of state-owned enterprises; housing provident fund and employee fund-raising housing construction accounts

funds and execution accounts opened by the People's Court, etc.

The regulations make it clear that after receiving legal documents to assist in the inquiry or freezing of property, banking financial institutions shall strictly keep confidentiality and are strictly prohibited from tipping off the units, individuals or third parties being inquired or frozen, or helping to conceal or transfer property.

The information that banking financial institutions assist the People's Procuratorate, public security agencies, and national security agencies in querying is limited to property information involved in the case, including: account opening and closing information of the unit or individual being queried, deposit balance, transaction date, transaction amount, transaction method, and transaction counterparty

Account and identity information, electronic banking information, online banking login logs and other information, POS machine merchants, automatic machine related information, etc.

The amount of money frozen in the account involved in the case shall be equivalent to the amount involved in the case.

No amount shall be frozen beyond the amount involved.

The frozen amount should be specific and clear.

The period for freezing deposits, remittances and other property involved in the case shall not exceed six months.

For major and complex cases, the period for freezing deposits, remittances and other property involved in the case can be one year with the approval of the person in charge of the people's procuratorate, public security agency, and national security agency at or above the districted city level.