The Study Of The Legal Problem About Company’s Business Transfer

Change as the company’s business strategy, a way to change the business scope, business for sale is often applicable to the modern corporate business activities, such as the far-reaching impact case Lenovo acquisition of IBM’s PC business, as well as Geely buying Volvo. However, China’s legislative business for the inter-company transfer provisions seldom use the concept is easy to confuse, so that the people’s court in handling cases, the common practice is identified as the inter-company transfer of the business merger, discrete or pure The behavior of the asset transfer, resulting in the emergence of a wrong verdict.Indeed, the concept of the concept of business transfer and transfer of assets to be associated, but are actually not the same. The difference is that the object does not point to the rights and obligations. In the company’s business transfer, the transfer of the object to have integrity, organizational changes and operating characteristics of the operating assets, the main positive assets and negative assets of two parts:a positive asset for a variety of movable and immovable property, rights (intellectual property rights claims); negative assets for the company’s liabilities.In addition, the business transfer is a double-edged sword, whether it is for the transfer of companies or the transferee company, the business transfer its impact are enormous. In order to avoid risks, it is necessary for the business transfer of the rights and obligations of the parties to sort out, clear the parties rights and obligations of the content.Focus on the content of the legal relationship between the entities at the same time, the procedural matters for the legal acts can be neglected. Especially in the company’s business for sale, business for sale related to the interests of the creditors of the assignor, the content requirements for the business transfer of procedural matters in the Commercial Code of France and other countries or regions in more detail, it is worth our reference.Practice of business transfer, the transfer under the guise of the name of the business transferred to evade the debt of the real or the transfer company and the transferee company collusion makes the transfer of the Company’s creditors impaired, in addition to creditors, but not such as a company with an interest in the transfer of company shareholders general participation in the affairs of the company affect the company’s decision-making, and therefore necessary for the law to require the transferee company under certain circumstances, assume the transfer of the company’s debt, and giving the creditors of the company claims they enjoy certain rights to protect.