Legal Analysis Of The Third Party Debt Financed

In recent years, the development of system of capital of China’s "company law" has experienced a from the evolution of the capital credit to assets credit, funded from the strict limits of the provisions cited to today’s generalization and enumeration and new mode and new investment forms are also in the new legal environment arises at the historic moment. The social property claims as a common form of expression, how to gather, operation and get more social wealth by more and more investment market concerns. Creditor’s rights in practice can not only make full use of idle property resources to promote economic development, but also can increase the investment enthusiasm of people on the market. China’s economy in the continuous process of development and reform, for of debt equity swap policy and non policy debt for equity swap has in the form of laws and regulations recognized, investment business function is becoming more and more evident the of the creditor’s rights investment has drawn wide attention. With the "debt equity swap", the third party creditor’s rights investment because of its own properties makes contribution at a significantly increased risk of, in the whole society raise capital access to greater economic value to each other play a positive guiding effect on the creditor’s rights investment is particularly important. This paper on the third construction of creditor’s rights investment system are analyzed and the corresponding laws. First introduced to the creditor’s rights investment concept and explained why research institution of the third party of creditor’s rights, clear the theory foundation of the creditor’s rights investment. It is also pointed out that the third party creditor’s rights investment system is the legal base of creditor’s rights assignment system. Subsequently, the third people can be funded from the conditions and procedures in two areas to make restrictions in order to prevent and reduce the risk resulting from the claims of its own. In addition, it discusses the performance of the third people’s debt capital contribution from third aspects:the realization standard of the contribution to the two party and the public procedure for the investment of the third party. Finally, to further protect the capital in position and interests of the main parties in the transaction, transaction risk prevention, conceived the establishment of the of third party responsibility of the creditor’s rights investment commitment mechanism, namely investment guarantee liability and the third party. Through all aspects of system design and construction of the third party creditor’s rights investment system executable and eventually become a feasible, safe and the ways of investment.