How to divide the company's transfer of creditor's rights and debts

Legal analysis: the transfer of the company's creditor's rights and debts is divided according to the following provisions: when the company is merged, the creditor's rights and debts of the merged parties are inherited by the surviving company or the newly established company after the merger. When a company is merged, all parties to the merger shall sign a merger agreement and prepare a balance sheet and a list of assets.

Legal basis: People's Republic of China (PRC) Company Law.

Article 173 When a company is merged, all parties to the merger shall sign a merger agreement and prepare a balance sheet and a list of assets. The company shall notify the creditors within 10 days from the date of making the merger resolution and make an announcement in the newspaper within 30 days. Creditors may, within 30 days from the date of receiving the notice, or within 45 days from the date of announcement if they have not received the notice, require the company to pay off debts or provide corresponding guarantees.

Article 174 When a company is merged, the creditor's rights and debts of the merging parties shall be inherited by the surviving company or the newly established company after the merger.