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How to write an announcement on equity transfer, claims and debts

1. Template of announcement on transfer of claims and debts

Announcement on transfer of claims and debts

1. Project content: Transfer of 55% state-owned equity of Guangxi Yulin xx Machinery Parts Co., Ltd. /p>

2. Introduction to the target company: Guangxi xx Industry Machinery Parts Co., Ltd. was established in June 20xx. It is a state-owned company and is mainly engaged in four categories: oil coolers, steel components, diesel engine transportation brackets and diesel generators. Production and sales of products. As of xxx, the total assets are xxxx million, shareholders' equity is xxxx million, total load is xxxx million, and net assets are xxxx million.

3. The listing price of the property rights is RMB xxxx million

4. The income margin is RMB xxxx million

5. The announcement period is from xx, month xx, xx to xx Ending at x hour on xx day xx

6. Property rights transaction address: xxxxxxxx

7. Contact person

8. Telephone number

9 , the details of the target can be inquired at );

(2) Relevant equity transfer agreement;

(3) Copy of legal person’s ID card;

(4) Identity of the person in charge Copy of certificate.

Conditions for transfer of creditor's rights

1. There must be a valid creditor's right, and the transfer of creditor's rights does not change the content of the creditor's rights. The effective existence of creditor's rights is the basic prerequisite for the transfer of creditor's rights.

2. The transferred creditor's rights must be transferable. According to Article 79 of the "Contract Law of the People's Republic of China", the following three types of claims are not transferable:

(1) Rights that are not transferable according to the nature of the contract cannot be transferred. That is, according to the special nature of rights and obligations, they can only be formed and exist between specific parties. If the obligee transfers such rights to a third party, the contents of the contract will be compromised. Changes occur that make it difficult to maintain internal consistency between the content of the contract after the transfer and the content of the contract before the transfer, making it impossible for the parties to achieve the purpose of entering into the contract. Therefore, such claims cannot be transferred according to the law. (For example: claims based on a trust relationship, contractual rights based on selected claims or debtors, and independent rights, etc.).

(2) If it is not transferable according to the agreement between the parties, it cannot be transferred. According to the principle of freedom of contract, the parties may agree to prohibit either party from transferring the contractual rights when or after the conclusion of the contract. As long as this agreement does not violate the prohibitive provisions of the law and social ethics, it shall be legally binding on the parties. The contract must be fully performed and there is no right to transfer the creditor's rights;

(3) Transfer is not allowed in accordance with legal provisions. The principle of freedom of contract is a universal legal principle. However, freedom of contract is still subject to legal restrictions. If the law has provisions restricting transfer (for example, rights that are legally restricted by judicial authorities, rights that exist in partnership organizations, etc. ), the parties concerned shall comply with the provisions of the law.

3. The transferor and the transferee must reach an agreement on the transfer of the creditor's rights and must not violate the relevant provisions of the law.

4. The debtor must be notified of the assignment of creditor's rights. Article 80 of the "Contract Law of the People's Republic of China" stipulates: "If a creditor transfers its rights, it shall notify the debtor. Without notification, the transfer will not be effective for the debtor. The creditor's notice of transfer of rights shall not be revoked, but the transferee shall Except with consent.”