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How to clean up the creditor's rights and debts of enterprises
The creditor's rights and debts of an enterprise shall be cleared in the following ways:
1, with clear division of labor.
2. Re-examine and sign the repayment agreement, and settle the arrears according to the agreement.
3. The settlement of creditor's rights is combined with financial support and account cancellation, and comprehensive settlement is implemented.
4. Encourage the development of enterprises, and take debt-to-equity swap or debt-to-equity swap for debts owed by production enterprises with strong growth.
5, standardize the way of creditor's rights transfer, creditor's rights transfer must be signed and notarized according to law.
Legal objectivity:
Article 67 of the Civil Law of People's Republic of China (PRC): When a legal person is merged, its rights and obligations shall be enjoyed and assumed by the merged legal person. Where a legal person is divided, its rights and obligations shall be jointly claimed by the divided legal person, unless otherwise agreed by the creditor and the debtor. Article 70 of the Civil Code of People's Republic of China (PRC), when a legal person is dissolved, the liquidation obligor shall form a liquidation group in time to carry out liquidation, except in the case of merger or division. Directors of legal persons, directors of executive organs or decision-making bodies and other members are liquidation obligors. Where laws and administrative regulations provide otherwise, such provisions shall prevail. If the liquidation obligor fails to perform the liquidation obligation in time and causes damage, it shall bear civil liability; The competent authority or interested party may apply to the people's court to appoint relevant personnel to form a liquidation group for liquidation.
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