1. Company stock collaboration is made transform must announcement informs creditor
The enterprise undertakes share collaboration is made transform, if consult " company method " concerned regulation, announcement informed creditor. Carry out in the enterprise namely before transforming, in make loan of the 10 inside day announcements since the day that transforms resolution, and at announcement going up 3 times in newspaper at least inside 30 days. The enterprise undertakes share collaboration is made when transforming, inform creditor without announcement, not applicable this regulation.
2. Creditor must declare creditor's rights, ability enjoys the request of the enterprise after be being made to changing to counterpoise
Creditor is in 3 month inside announcement period, ought to declare creditor's rights to the enterprise that be transformed. Creditor did not declare creditor's rights, lose a requirement to change pay off of the enterprise after making the right of this debt. But, creditor is inside announcement period did not declare creditor's rights, with go bankrupt the did not declare creditor's rights law consequence in clearing an order is different, the request that does not bring about its to lose debt of pay off of contributive to former company person counterpoises, its still can to former company contributive person holds the right.
3. After changing the enterprise after making to fulfil pay off obligation, contributive to former company person has the right that chase after countervail
Change the debt that makes an enterprise conceal or be omited because of be opposite not know the inside story, should not become the final undertaker of debt, and the debt that contributive person is concealed to its and should omit by former company, assume ultimate civil responsibility. Accordingly, this gift change control a company the authority chasing after countervail of contributive to former company person.
The company changes to in making, be concealed or omit the generation of a large number of dispute such as debt, the property right that causes a company is in for long not steady state, go against safeguard an enterprise to revise the gain that make, this formulary purpose depends on this. It assumes ultimate civil responsibility with the debt that contributive person is opposite former company to conceal or be omited, reduce segment on this foundation, set change make an enterprise avoid duty circumstance, cause former company contributive person assumes responsibility directly to this, thereby vigilant former company is contributive person, it is a principle with sincere letter, decrease hide action, clear in the round creditor's rights debt, avoid to produce needless issue. Whether is it with creditor inside announcement period declare creditor's rights to be judgement basis, it is jumping-off place with fair principle, the interest that balances creditor and purchaser concerns, consider the legitimate rights and interests of creditor already, the stability that considered socioeconomy impact again and company change the gain that make, it is right the company changes make the optimal processing way that conceal or forgets debt to assume a problem.
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