Practical mode of creditor's rights transfer agreement

At present, with the rapid development of sole proprietorship enterprises, the phenomenon of debt transfer of sole proprietorship enterprises is also increasing. So what do you know about the creditor's rights transfer agreement? Do you know what to pay attention to? The following is a practical model of creditor's rights transfer agreement that I have compiled for you. Thanks for reading it.

Creditor's rights transfer agreement 1

Party A: _ _ _ _ _ _ _ _ Company

Party B: _ _ _ _ _ _ _ Company

Party C: _ _ _ _ _ _ _ Company

Signing time: year

In order to properly solve the creditor's rights and debts of Party A, Party B and Party C, Party A, Party B and Party C have reached the following creditor's rights transfer agreement according to law through consultation, and kept it as creditor's rights:

1. Party A, Party B and Party C unanimously confirm that Party B owes Party A RMB (? ) As of the date of signing this Agreement. ____.00), Party C owes Party B RMB _ _ _ _ (? ____.00)。

2. Party A, Party B and Party C unanimously agree that Party A will transfer all the creditor's rights against Party B to Party C for exercise, and Party C will offset the creditor's rights with the money owed by Party C to Party B.. After Party C offsets _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

3. Party B shall issue a receipt of RMB 10,000 to Party C, and Party C shall issue a receipt of RMB 10,000 to Party A, and Party A shall issue a receipt of RMB 10,000 to Party B. ..

4. Each party agrees that if one party violates its statements, warranties, commitments or any other obligations made in this Agreement, resulting in other parties suffering or suffering damages, losses, claims and other responsibilities, the breaching party shall make full compensation to the other party.

5. This Agreement shall come into effect after being sealed by Party A, Party B and Party C and signed by the legal representative of the three parties or the agent authorized by the legal representative. This agreement is made in triplicate, with Party A, Party B and Party C holding one copy respectively.

Matters not covered in this agreement shall be handled in accordance with relevant national laws, regulations and rules. Any dispute arising from the performance of this agreement may be brought to the people's court where Party A is located.

Party A:

Legal representative (or authorized agent):

Party B:

Legal representative (or authorized agent):

Party C:

Legal representative (or authorized agent):

Year month day:

Agreement on assignment of creditor's rights II

Party A: Party B:

Tel: Tel:

ID number: ID number:

Party C:

Telephone:

ID number:

Whereas: Party B's RMB (in words) creditor's rights against Party A; The creditor's right of Party C to Party B is RMB (in words).

On the basis of equality and voluntariness, Party A, Party B and Party C have reached the following agreement on the transfer of the above-mentioned creditor's rights and debts for common compliance:

I. Transfer of creditor's rights and debts

Party A, Party B and Party C unanimously agree that Party B will transfer all its creditor's rights to Party A, totaling RMB, to Party C to offset the creditor's rights enjoyed by Party C to Party B within the above-mentioned creditor's rights limit.

After Party A directly pays Party C in full according to this Agreement, it shall be deemed that Party A has paid Party B, and the creditor-debtor relationship between Party A and Party B, and between Party B and Party C shall be eliminated.

Two. Guarantees and commitments

1. Party B promises and guarantees that:

(1) has full capacity for civil liability, can implement the assignment of creditor's rights under this agreement, and can bear civil liability independently;

(2) The transferred creditor's rights are legal and valid.

(3) After this creditor's rights transfer agreement comes into effect, Party B shall not claim the creditor's rights from Party A, and the two parties will no longer have any legal relationship of creditor's rights and debts, and bear the corresponding obligations before the creditor's rights transfer.

(4) Since this creditor's rights transfer agreement was signed and Party A paid the above-mentioned amount to Party C, the creditor's rights and debts of Party A and Party B have all been paid off without any dispute.

2. Party C promises and guarantees that:

(1) has full capacity for civil liability, has the right to accept the creditor's rights under this agreement, and can bear civil liability independently;

(2) If Party C is a company or its institution, its transfer of creditor's rights under this Agreement has been authorized or approved by its internal relevant institutions.

(3) After receiving the creditor's rights, Party C shall also accept the corresponding obligations arising from the creditor's rights.

(4) Before accepting this creditor's right, Party C has fully understood all the contents of this creditor's right, and its authenticity has been fully understood by Party C. If there is any problem in the transfer of Party A's creditor's right due to the authenticity of Party B's creditor's right, Party C is willing to return the right to exercise this creditor's right and the debts performed by Party A for free.

3. When Party A pays Party C, Party C shall issue the same amount of money to Party A and meet Party A's requirements.

4. After receiving the above creditor's rights, Party C shall not assign the creditor's rights again.

Verb (abbreviation of verb) If this agreement is invalid or revoked, both parties will continue to perform their respective obligations according to the original contract and other legal documents.

Liability for breach of contract of intransitive verbs

1. Each party agrees that if one party violates its guarantee, commitment or any other obligation in this agreement, resulting in other parties suffering or suffering damages, losses, claims and other responsibilities, the breaching party shall make full compensation to the injured party, including but not limited to damages and recovery expenses incurred by the observant party.

2. If Party B violates any agreement under this agreement, it shall pay RMB yuan to each observant party as liquidated damages.

7. Disputes arising from the performance of this Agreement shall be settled by the three parties through friendly negotiation; If negotiation fails, a lawsuit may be brought to the people's court.

Eight. This agreement shall come into effect after being signed or sealed by Party A, Party B and Party C. ..

Nine. For matters not covered in this agreement, the three parties may sign a supplementary agreement separately, which has the same legal effect as this agreement.

X this agreement is made in triplicate, with party a, party b and party c holding one copy respectively, all of which have the same legal effect.

Party A, Party B and Party C:

Year month day:

Agreement on assignment of creditor's rights 3

Party A, Party B and Party C:

In order to properly solve the problems of creditor's rights and debts of Party A, Party B and Party C, Party A, Party B and Party C have reached the following creditor's rights and debts transfer agreement according to law through consultation and kept it as creditor's rights:

1. Party A, Party B and Party C unanimously confirm that Party A owes Party C RMB 4.5 million and Party B owes Party A RMB 1 10,000 as of the date of signing this Agreement.

Two. Party A, Party B and Party C unanimously agree that Party A will transfer all the creditor's rights to Party B, totaling RMB 4.5 million, to Party C for exercise, and Party B will directly pay it to Party C according to this agreement. Month? A few days ago, a total of 4.5 million yuan was paid to Party C..

Three. Representations, warranties and commitments:

1. Party A promises and guarantees that:

(1) It is legally established and effectively exists, and has the right to transfer the creditor's rights under this agreement, and can independently bear civil liabilities;

(2) The transferred creditor's rights are legal and valid creditor's rights based on real transactions;

(3) Its transfer of creditor's rights under this Agreement has been authorized or approved by relevant internal institutions.

2. Party B promises and guarantees that:

(1) It is legally established and effectively exists, has the right to transfer the debts under this agreement, and can independently bear civil liabilities;

(2) The transferred debts are legal and valid debts based on real transactions;

(3) Its debt transfer under this Agreement has been authorized or approved by relevant internal institutions.

2. Party C promises and guarantees that:

(1) is legally established and effectively exists, and has the right to accept the creditor's rights under this agreement and bear civil liabilities independently;

(2) The transferred creditor's rights are legal and valid creditor's rights based on real transactions;

(3) Its transfer of creditor's rights under this Agreement has been authorized or approved by relevant internal institutions.

Four. After this agreement comes into effect, Party A shall not claim the creditor's rights under this agreement from Party B, and Party C shall not claim the creditor's rights under this agreement from Party A. After Party B performs its obligations, Party C shall issue an invoice to Party A in the name of Party A. ..

5. If this agreement is invalid or revoked, Party B will continue to perform its obligations according to the original contract and other legal documents.

Six, the three parties agree that if one party violates its statements, warranties, commitments or any other obligations made in this agreement, causing the other party to suffer or suffer damages, losses, claims and other responsibilities, the breaching party shall make full compensation to the other party.

Seven. This Agreement shall come into effect after Party A, Party B and Party C affix their official seals and sign by their legal representatives or their authorized agents.

Eight. Matters not covered in this agreement shall be handled in accordance with relevant national laws, regulations and rules.

Nine. This agreement shall come into effect after the three parties affix their official seals. This agreement is made in triplicate, one for each party, with the same legal effect.

Party A: (Seal)

Party B: (Seal)

Party C:

Date of signing:

Chapter IV of Creditor's Rights Transfer Agreement

Party A:

Party B:

Whereas:

1. Dalian Chemical Machinery Equipment Co., Ltd. owes Party A RMB10,000.00 Yuan (subject to the amount incurred on the effective date of the creditor's rights transfer agreement), and Party A agrees to transfer all its creditor's rights to Party B;

2. Party B agrees to accept the above creditor's rights;

On the basis of equality, voluntariness and consensus, Party A and Party B have reached the following intention agreement through friendly negotiation in good faith:

Article 1 Representation, Warranty and Commitment

1. Party A promises and guarantees that:

(1) It is legally established and effectively exists, and has the right to transfer the creditor's rights under this agreement, and can independently bear civil liabilities;

(2) The transferred creditor's rights are legal and valid, and there is no mortgage or guarantee.

2. Party B promises and guarantees that:

(1) It is legally established and effectively exists, and the source of funds for the transferred creditor's rights is legal, and it has the right to transfer the creditor's rights under this agreement and can independently bear civil liabilities;

(2) The assignee of creditor's rights under this Agreement has been authorized or approved by relevant internal institutions;

(3) Transfer the above-mentioned creditor's rights at the original price, actively sign a formal agreement, and pay off the above-mentioned money in cash in one lump sum within 2 months after signing the formal agreement;

(4) Perform the obligation of confidentiality within the term of the letter of intent, and shall not disclose the transfer of creditor's rights to others.

Article 2 This Agreement shall come into effect after the signature and seal of the authorized representatives of both parties, and shall become invalid after the formal signing of the creditor's rights transfer agreement by both parties. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.

Party A (official seal):

Party B (official seal):

date month year

Chapter V of the Agreement on Assignment of Creditor's Rights

Creditor (Party A):

Investor (Party B):

Trading platform (Party C):

In order to meet the investment needs of investors, broaden the investment channels of investors under the market economy, and help financial institutions legally dispose of creditor's rights to achieve the purpose of financing. Through friendly negotiation, Party A, Party B and Party C signed the Fee Agreement on the premise of abiding by the relevant laws, regulations and rules of People's Republic of China (PRC) (hereinafter referred to as "China"), and promised to fully perform all the terms under this agreement on time.

I. Definition of creditor's rights

1. Creditor's rights refer to the transferable loan agreement or pawn agreement signed between Party A and the debtor, or the transferable loan agreement signed between Party A and a third party legally transferred by the debtor. (Copy of creditor's rights certificate is attached to this agreement)

2. The transfer of creditor's rights refers to the transfer of the creditor's rights listed in the preceding paragraph legally held by Party A, which is purchased by the investor (Party B) through Party C's creditor's rights transfer trading platform for consideration and enjoys the benefits as agreed.

3. Collection account refers to the transfer account opened and managed by Party C to collect the price of Party B's purchase of Party A's creditor's rights.

4. Settlement account refers to the transfer account opened and managed by Party C for Party A to pay the income and principal to Party B. ..

5. Extension means that when the debtor fails to pay the principal on time on the maturity date of the creditor's rights, if the repurchase clause is not agreed, Party A and Party B can sign an extension compensation agreement to extend the creditor's rights, and Party B will get the extension compensation income according to the expected annualized rate of return in addition to the income paid by Party A, and put the extension compensation agreement in the annex to this agreement.

6. Repurchase refers to the reversal of creditor's rights when the debtor fails to pay Party B's principal on schedule on the maturity date of creditor's rights, and Party A purchases creditor's rights from Party B at the price of creditor's rights purchased by Party B.. If the guarantee method is real estate mortgage, Party A must buy back the creditor's rights.

7. Default risk reserve refers to the special reserve used by Party C to pay Party B's income and principal in order to prevent Party A and the debtors involved in the creditor's rights in this agreement from defaulting on Party B when Party B fails to collect the income and principal, Party A fails to repurchase the creditor's rights as agreed, or Party A and Party B fail to reach an extension compensation agreement on the extension of the creditor's rights. Default risk reserve shall be paid by Party A to Party C as agreed.

Second, the qualification commitment

1. Party A promises that Party A is a legal person or other organization registered and established according to the relevant laws of People's Republic of China (PRC) (China), with full capacity for civil rights, independent right to enter into foreign treaties, legal business scope, timely and comprehensive performance of the terms and conditions under this Agreement, and independent assumption of corresponding civil liabilities. (Qualification documents are attached to this agreement)

2. Party C promises that Party C is a legal person registered and established according to the relevant laws of People's Republic of China (PRC) (China), and its business license registration number is: it has full capacity for civil rights, enjoys independent foreign contracting rights, has a legal business scope, is capable of fully performing all the terms under this Agreement in time, and is capable of independently undertaking corresponding civil liabilities. (Qualification documents are attached to this agreement)

Three. Content and method of transfer

1. Description of creditor's rights: It is legally held by Party A, and the loan contract number is _ _ _ _ _ _ _, The total loan principal is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The price of each share is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

2. Transfer of creditor's rights: At present, Party A has transferred RMB _ _ _ _ _ _ _ _ _.

3. Payment consideration: On the effective date of this Agreement, Party B will pay RMB to Party C's collection account, which means that Party B has fulfilled its payment obligations and obtained corresponding creditor's rights. After receiving the payment from Party B, the collection account of Party C will transfer the payment to the account designated by Party A. ..

4. Revenue: Party B asks for profits from Party A, and Party C collects them on its behalf. On the interest payment date of creditor's rights, Party A shall remit the income agreed in this agreement to Party C's settlement account, and Party C shall notify Party B to collect the above income on the day when it arrives.

5. Settlement of principal: Party A and Party B agree to settle the principal as follows.

(1) Repurchase of creditor's rights by Party A: On the maturity date of creditor's rights, Party A repurchases all the creditor's rights of Party B with the equivalent amount of the creditor's rights purchased by Party B, and the repurchase is completed when Party A pays the price of the repurchased creditor's rights to the settlement account, and the rights of all the creditor's rights of Party B belong to Party A. ..

(2) Party A does not buy back the creditor's rights: On the maturity date of the creditor's rights, Party A does not buy back the creditor's rights, but directly pays the principal of the creditor's rights paid by the debtor to the settlement account, and the creditor's rights held by Party B are lost on the date when the principal arrives.

6. Protection of creditor's rights

(1) Extension agreement: After the creditor's rights expire, if the debtor defaults, Party A and Party B will negotiate and choose.

(2) With regard to the principal settlement method, Party A and Party B may sign a deferred compensation agreement through negotiation to obtain deferred compensation income in addition to the income calculated by annualized rate of return, and place the deferred compensation agreement in the annex to this agreement.

(3) Acquisition of default risk reserve: If Party B fails to realize the creditor's rights after the creditor's rights expire, Party A and Party B shall choose through negotiation.

(4) The principal settlement method, and the extension compensation agreement cannot be reached, then Party B may request the institution designated by Party C to purchase the creditor's rights, or use the default risk reserve paid by Party A to purchase the creditor's rights held by Party B. ..

7. Income guarantee: If Party B fails to obtain the expected income of Party A under this Agreement, Party B may require Party C to pay in advance with the default risk reserve.

8. Mortgage agreement: Party A and Party B shall make an agreement according to the method of creditor's rights guarantee.

(1) Pledged property: Party B agrees that the pledged property provided for the transfer of creditor's rights will be kept by Party A on its behalf, and Party A will not charge additional storage fees.

(2) Real estate mortgage: If the guarantee method is real estate mortgage, Party B agrees not to change the mortgagee alone because of Party A's forced repurchase of creditor's rights.

Four. Special rights and obligations of Party A

1. During the performance of this agreement, if Party A finds that Party B has engaged in illegal and criminal activities by purchasing creditor's rights, Party A may unilaterally terminate the contract.

2. Party A shall fully guarantee the authenticity and legality of the creditor's rights.

3. Party A has the obligation to notify the debtor of the assignment of creditor's rights. The contents of the notice include, but are not limited to, the fact of the transfer of creditor's rights, accepting the entrustment of Party B to collect income, principal and disposing of the pledge.

4. Party A has the obligation to keep confidential the personal information of Party B learned during the performance of this agreement.

Verb (abbreviation of verb) Special rights and obligations of Party C.

1. Party C has the right to review the legality of the creditor's rights to be transferred by Party A. ..

2. Party C has the right to review the legality of the assignment of creditor's rights under this agreement.

3. Party C shall not be jointly and severally liable to Party A or Party B, except that the agreement is invalid due to Party C's intentional or gross negligence in the performance of this agreement.

4. Party C has the obligation to properly keep the electronic version of this agreement and related documents involved in this agreement, and provide necessary conditions for Party A and Party B to consult at any time.

5. Party C has the obligation to keep confidential the relevant information of Party A, Party B, the debtor, the mortgagee and the pledgee that is known during the signing and performance of this Agreement.

Termination of intransitive verb agreement

1. Termination of performance: This Agreement shall be terminated when Party A completes the principal payment and repurchase.

2. Termination through negotiation: This agreement can be terminated through negotiation among the three parties.

3. Termination of legislation: due to the adjustment of national policies or the promulgation of new laws, regulations and rules by the legislature, this agreement is inconsistent with the new national policies, laws, regulations and rules, and this agreement will be automatically terminated.

4. Termination of Force Majeure: Due to Force Majeure, this Agreement cannot be continued objectively, and this Agreement will be terminated automatically.

Seven. Liability for breach of contract and compensation

1. During the performance of this agreement, if Party A or Party B delays or fails to perform the obligations stipulated in this agreement, so that the fundamental purpose of signing this agreement cannot be realized, it shall bear% of the consideration for the assignment of the creditor's rights under this agreement as liquidated damages.

2. If Party A or Party B provides false materials, which makes this agreement invalid, the breaching party shall bear% of the transfer price of creditor's rights under this agreement as liquidated damages, and if the actual economic losses caused to the observant party exceed the amount of liquidated damages, it shall bear all the actual losses.

3. Where Party A or Party B violates this Agreement, causing economic losses to the observant party, the breaching party shall bear corresponding compensation responsibilities and pay corresponding compensation according to the actual losses of the injured party.

4. If this Agreement is terminated due to the circumstances agreed in Article 6.2 or Article 6.3 of this Agreement, neither party shall be liable for breach of contract or compensation.

Eight. Dispute clause

Any dispute arising from this agreement can be settled by both parties through consultation. If negotiation fails, the following methods shall be adopted:

1. Arbitration Settlement Apply to the Arbitration Commission for commercial arbitration.

2. Litigation settlement: bring a civil lawsuit to the people's court where Party C is located.

Nine. Other terms of the agreement

1. This agreement is in the form of electronic text, and Party B shall read it carefully when selecting the creditor's rights to be purchased on the creditor's rights transfer trading platform. After checking the "Agree" option, it shall be deemed as agreeing to all the contents under this Agreement. After Party B effectively fills in all the options in this agreement, it completes the submission through the creditor's rights transfer trading platform, and this agreement is established and takes effect.

2. For matters not covered in this agreement, the three parties may sign a supplementary agreement, which shall be placed after this agreement. The supplementary agreements attached to this agreement are an effective part of this agreement, and the supplementary agreements have the same legal effect as this agreement.

3. Relevant supporting documents involved in this agreement are attached to the annex to this agreement. The supplier of the attachment shall promise the authenticity of the attachment. If this agreement is invalid due to the authenticity of the annex, it shall be borne by the annex provider, which is equivalent to this agreement 7. Liability for breach of contract as determined in Article 2.

Party A (signature and seal):

Party B (signature and seal):

Party C (signature and seal):

date month year

Agreement on assignment of creditor's rights

Transferor (Party A):

Transferee (Party B):

Debtor (Party C):

Party A, Party B and Party C have reached the following agreement on the liquidation of creditor's rights and debts according to the principle of good faith and relevant laws and regulations such as People's Republic of China (PRC) Civil Law and People's Republic of China (PRC) Civil Procedure Law:

Article 1 Status quo of creditor's rights

1. Party A owes Party B RMB for drinks, and Party B has a legal, valid and due creditor's right to Party A in RMB. ..

2. Party C owes Party A RMB, which has not been paid back yet. Party A has legal, valid and due creditor's rights against Party C. ..

Article 2 Assignment of Creditor's Rights

1. Party A decides to transfer its creditor's rights in RMB yuan (in words: RMB yuan) to Party B to compensate Party A for RMB yuan owed to Party B. ..

2. Party B agrees to accept the creditor's right to offset the RMB wine money owed by Party A. ..

3. The above two claims have reached the repayment period. If Party A's creditor's right against Party C fails to reach the repayment period, Party C will voluntarily give up the interest of this period, and the debt shall be deemed to have reached the repayment period from the date of signing the contract.

4. On the date of signing this Agreement, Party A shall hand over to Party B all original documents proving the creditor's rights relationship with Party C, including but not limited to the loan agreement and payment voucher. Party B shall submit to Party A the proof of Party A's arrears. ..

5. Party B, instead of Party A, enjoys the creditor's right of RMB (in words) against Party C, and enjoys all the rights of creditors stipulated by law.

Article 3 representations and warranties

1. Party A guarantees that the creditor's rights transferred to Party B under this Agreement are legally owned by Party A, and Party A has a complete and effective right of disposition. Party A guarantees that its assigned creditor's rights will not be pursued by any third party. Otherwise, Party A shall bear all economic and legal responsibilities arising therefrom.

2. After the above-mentioned creditor's rights transfer, the creditor's rights and debts relationship between Party C and Party A disappears, and the creditor's rights and debts relationship between Party B and Party A disappears at the same time, and the creditor's rights and debts relationship between Party B and Party C is established.

3. Any dispute between Party B and Party C on the relationship between creditor's rights and debts shall be settled by both parties through consultation, and Party A has the obligation to provide unconditional assistance.

4. After the signing of this agreement, it means that Party C knows that Party A has transferred the creditor's rights to Party B, and Party A has fulfilled its obligation to inform Party C, and Party C agrees to repay the debts to Party B. ..

Article 4 Liability for breach of contract

1. After this agreement comes into effect, Party A, Party B and Party C shall fully perform all obligations stipulated in this agreement in good faith. If either party fails to correctly and comprehensively perform the obligations agreed in this agreement, it shall be liable for breach of contract.

2. The breaching party shall compensate the observant party for the losses incurred, including but not limited to: actual losses, expected losses and legal fees, transportation expenses and travel expenses paid by the other party for compensation.

Article 5 Dispute settlement

Any dispute arising from the interpretation and performance of this Agreement shall be settled through friendly negotiation. If no settlement can be reached through friendly negotiation, either party has the right to bring a lawsuit to the people's court.

Article 6 Supplementary Provisions

1. In case of any conflict with this agreement, this agreement shall prevail.

2. Before signing this agreement, all parties shall confirm that they fully know and understand the substantive meaning of all treaties in this agreement and their corresponding legal consequences.

3. This agreement is made in triplicate, with Party A, Party B and Party C holding one copy respectively, all of which have the same legal effect.

4. This agreement shall come into effect as of the date of signature (handprint and seal) by the three parties.

Party A:

Party B:

Party C:

date month year

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