The Legal Prevention Against The Risk Of Creditor's Rights Investment

Creditor's rights investment refers to the investor (the creditor) invest to the company with the creditor rights of the company or the third person. As the uncertainty of the creditor's rights investment, meaning qualitative and the value is difficult to assess, so there is a big risk on creditor's rights investment. The point of creditor's rights investment is how to guarantee the safety of the transferee company. The provisions for the invest form in the Company Law, indirect allow creditor's rights investment, but risk prevention system against the risk of creditor's rights investment is lack. The law allows and the lack of specific system makes even more prominent risk, and therefore develop a reasonable system of risk prevention is especially necessary. There are three approachs to prevent the risk:first, make sure which kind of cerditor's rights is available for creditor's rights investment. Analyze the kinds of creditor's rights, and make sure which are available to invest according to the standards of being currency valuation and trasfer, while is suitable for creditor's rights investment; Second, develop the strict and reasonable investment procedures, while develop the investment procedures focusing on the analysis of the value evaluation, delivery and publicity issues, in order to effectively prevent the risk of creditor's rights investment; third, develop protection mechanisms for creditor's rights investment. With creditor's rights investment procedures specification, the guarantee for the completion of creditor's rights is ready, but the completion does not mean the achievement of creditor's rights investment, so the development of the responsibility mechanisms for creditor's rights investment is particularly important.