On The Protection Of Creditors' Interests In M ​​& A

Merger and acquisition is one of the most important means to grow the company’s development It not only expands the size of the company and the centralization of capital, but also promotes the upgrading of the company’s management efficiency. But, whether the merger or acquisition, they often change the company’s organizational relationship and the transfer of company’s credit, debt and property. It can be seen, merger and acquisition under normal circumstances would damage the interests of creditors. To establish the protection system of company creditor is one of the main tasks in Company Law 2005. But we can’t ignore the efficiency of the Merger and acquisition when we protect the interests of the creditors. To protect the creditor’s interests in Merger and acquisition, we should improve the right of access to information at first. However, the current Company Law only makes a principle requirement on the rights of creditors in Merger and acquisition. Take the right of access to information for example, company law only requires that the company should publish a notice in the newspaper, and the specific content of the notice was not clearly defined. As the general principles of law, makes the damage of the creditors’interests greatly increased. Therefore, it is very necessary to improve and perfect the relevant provisions to protect the interests of creditors.