Study On The Legal Mechanism Of The Transfer Of Debt To Equity In Our Country

Debt to equity swap is the conversion of creditor's rights into equity.Debt to equity swap is a legal act,which is divided into market-oriented debt to equity swap and policy based debt to equity swap.This paper focuses on the study of the market-oriented debt-to-equity swap that is being carried out in China at present,and compares the experience and lessons of a round of debt equity swap between domestic and foreign countries and China,and puts forward some solutions to the existing problems in the practice of the mechanism of debt equity transfer and retreat.This article is divided into four parts.The first part is divided into the research purpose,the significance,the literature review,the meaning,the difference and the type.It focuses on the practical significance of the legal mechanism of the transfer and retreat of our national debt,which is a subject worth studying at present;the second part is through the domestic contrast,the last round and the new round.On the basis of the analysis of some basic theories of company law,contract law and judicial interpretation,it is concluded that the mechanism of debt equity transfer and retreat has the application object,scope standard,conversion procedure,and equity withdrawal.The third part uses comparative law analysis,case analysis and theory through the use of comparative law analysis,case analysis and theory.The analysis method and other methods are used to analyze and explore the debt equity swap from the economic and legal aspects.The fourth part focuses on the suggestions for the transfer of the debt to the legal mechanism of my debt.This article proposes the implementation of the approval system,the regulatory authorities exercise the discretion to clear the applicable scope of the debt to equity swap,the recommended guidance system is made from the appropriate professional investment bank and the broker.It is more universal to implement the debt equity swap operation,realize the debt transfer priority stock,reduce the transaction risk and improve the transaction rate to optimize the ownership structure,the exit mechanism and establish the information platform,strengthen the constraint mechanism and innovate the market withdrawal mechanism.It is hoped that this will provide useful reference for the practice of debt to equity swap.