On Legal Regulation Of Business Transfer

Enterprises must change their business strategies constantly to cope with theever-changing business operations. In practice, companies often choose merger,division, acquisition and other means, these means are important, but their defects areobvious as well. Business transfer is a resource integration mechanism prevalent inforeign countries; It has incomparable advantages of the above system, favored bymany companies. In China, although we do not have legal system specifically for thebusiness transfer, in practice it has become a trend, causing great importance to thetheory and practice of community.In this paper, a comparative study, empirical analysis and interdisciplinaryresearch have been used, trying to compare the business transfer and related systems,using the knowledge of other subject to do a comprehensive study on businesstransfer system, including the value of business transfer, system decomposition andthe problems in the running, in order to have implications for the establishment ofbusiness transfer system.This article is divided into four parts:Part â… : introduction of basic theory of the business transfer, including the contentdefinition, the analysis of nature, comparison with related systems, etc. Through theanalysis of the concept and business objects, we have a clear connotation of businesstransfer; Have a brief introduction of foreign theory about the nature of businesstransfer, extending the understanding of the nature of business transfer; Comparebusiness transfer with other systems with which we are familiar by a wide range, andso we have a more in-depth understanding of the kernel of the system.Part â…¡: Parsing several important system in the business transfer, including thebusiness transfer contract, transfer of credit and debt, prohibition of business strife inbusiness transfer, and succession of labor contracts. Analyze the difference betweenbusiness transfer contract and the general contracts, focusing on the registration andpublicity of business transfer contract; We discuss the legitimacy of prohibition ofbusiness strife, and analyze the details and accountability; We have a briefintroduction to the foreign legislation on the transfer of credit and debts, extracting thecentral issue, to reconstruct the specific rules of credit and debt of transfer combinedwith the existing legislation; Succession of labor contracts in business transfer has a unique theoretical foundation in China, its choice of system is different as well.Part â…¢: This part is the core and innovation of this paper. It is about analysis ofthe division of authority and the balance of interests in the business transfer, includingthe legal status of the shareholder in the business transfer; defects of resolution on thebusiness transfer as well as the various conflicts of interest in the business transferprocess and the mechanism of settlement.Part â…£: This section is a summary of the full text, combined with the precedinganalysis of the transfer of business, and further put forward the idea of introducing abusiness transfer system in China. We have an introduction about the necessity ofintroducing a business transfer system in China, the legislative form of businesstransfer in china and so on.