Research On Creditor Benefit Protection In The Company Merger

Recently, the world of global economic integration accelerate, at the same time, intensify all walks of life competition, the company in orbit in the development of increasingly tend to collectivize integration,to enhance their core competitiveness. Under the background of the development, the company has combined the advantages of integration, more and more companies choose to merge to expand its scale. Company merger without through the dissolution and liquidation procedures, and can change the existence of the company, property, structure and equity structure, make the corporate personality eliminate. Its operation method, program, compared to other procedure of setting up companies is relatively simple, the merger is relatively successful, more likely to make the original enterprises expand production and operation scope and scale. In all, company merger can realize the optimum combination of factors of production, and expand produce economies of scale.Although company merger plays a great role in promoting market economy, in our country, the laws in "company law" about protecting creditor benefit in company merger are not perfect, often, much contradiction in practice is not easy to reconcile, and damage the interest of some people. We need to seek balance between the efficiency in developing and the realization of the creditor benefit protection when the company start to merge, which make the law more effectively promote the development of market economy. This paper briefly combine the relevant foreign laws and regulations, analyze the problems existing in the company law, make effort to make the merger and the interest of creditors agree with each other.In this paper, the main structure is as follows:the first chapter, this paper expounds the influence of the creditors in the merger company; the second chapter, this paper discusses and analyses the scope,problems and suggestions of creditors in the merger company; the third chapter, the paper expounds and analyses the creditor’s right to know the problems on the company merger and supplys some suggestions; the fourth chapter, this paper discusses and analyzes the creditor right of dissent on the company merger problems and supplys some suggestions; the fifth chapter, the paper expounds and analyzes the problems existing in the company merger about jeopardizing the interests of creditors in relief and supplys some suggestion.