Research On The System Of Protection Of Creditor’s Interests In Company Division

In recent years, in order to handle the market competition, domestic companies set more and more restructuring activities. Through the company division, many companies re-adjust of their assets. In these courses, creditors of these companies are in the weak position and that their interests are often harmed by the shareholders and management of the divided company. Therefore, how to protect the creditor’s interests is an important issue in the company division. Although China has revised The Company Law in2005, which was clearly took the protection of company creditors as the purpose of the legislation, just a few regulations about the company division were told, the system of protecting the creditor’s interests were even less.This paper is mainly focus on the study of creditor’s interests which are protected by company law of foreign countries, and make some discussion on special protection system in company division. The paper uses the experience of other countries for reference, so as to perfect the related systems of protecting the creditor’s interests in company division, and hope the study can make some contribution to the theoretical research of protection of creditor’s interests in company division.