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Study on Prevention and Contorl of the Risk of the Creditor’s Rights Investment

Author: ZhaoYanMin
Tutor: WeiZhongYu
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Debt funded The risk of the target company 's debt -funded Funded the risk of third party claims Risk prevention and control
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 64
Quote: 2
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Abstract


With the development of the company's practice, the basis of the company's credit gradually transition to the assets of the credit capital credit caused this shift capital regime change. In the asset credit concept under the guidance of the the company funded acceptable form of gradually increased. In this context, the creditor whether for the contribution became the hot topic in the final, the mainstream view of academics agreed with creditors can be funded. However, due to the presence of a variety of complex factors, debt financed will produce a variety of risks, and to control improper give investors the company and a third person dealing with a company disinterested body damaging, and even lead to capital market instability. Therefore, the debt-financed risk prevention and control issues worthy of special attention, our theoretical circles on this issue, however, is not detailed and thorough. The author is based on the understanding of this situation, after combing analysis of the achievements made by the senior scholars Law hermeneutic approach, comparative law and economic analysis and other methods, risk prevention and control of debt-funded further demonstration, in order to gain something. This paper is divided into five parts, in addition to the introduction and conclusion section, about thirty thousand words. The first part is a brief description of the debt-funded. Mainly funded from debt concept, the theoretical basis of the present material funded elements of compliance and national legislative practice five angle debt funding to do a brief introduction. Debt funded based on the company's assets credit concept guiding the practice needs. This article claims funded adopt a broad concept, both debt financed enjoyed by the target company, including third party claims to the target company funded. Our current legislation needs to be improved on debt-funded, it is necessary to learn from foreign legislative practice. The second part is mainly based on the analysis of the risks and risk prevention and control of the target company's debt-funded. The risk is primarily funded debt of the target company is the risk of claims the authenticity of risk, and will be the company's debt is converted to equity during the restructuring of the company that may exist. At the same time, these two risk prevention and control measures also in this part of the argument. The third part is based on the analysis of the funded the risk of third party claims. Third party claims funded mainly these three types of risk: the risk of debt funded authenticity, debt-funded program risk and claims in the study and analysis of the nature and different types of claims claims summarized risk of funded realize. Many seemingly complicated risk typed, will contribute to the understanding and control of risk in order to propose a targeted risk prevention and control measures. The fourth part of the contribution of risk prevention and control of third party claims, is the most important part and this article innovations. Publicity mechanism for funded three types of risk to the claims of the third person, the voting mechanism, assessment mechanism and verification mechanisms, security mechanisms, insurance mechanisms, transfer mechanism and exit mechanism. Publicity mechanism, the voting mechanism, assessment mechanism and verification mechanism for the mandatory provisions of the law, and guarantee mechanisms, insurance mechanisms, transfer mechanism and exit mechanism by the parties according to the specific circumstances of one or several using.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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