Cancel the company's creditor's rights transfer procedure

The conditions for the company to cancel the transfer of creditor's rights and debts are:

1. If one party transfers its creditor's rights and debts, it must obtain the consent of the other party;

2. Creditor's rights can be transferred according to the nature, the agreement of the parties and the legal provisions;

3. Do not harm the interests of third parties.

legal ground

Article 545 of the Civil Code of People's Republic of China (PRC)

A creditor may assign all or part of its creditor's rights to a third party, except in any of the following circumstances:

(a) according to the nature of the creditor's rights shall not be transferred;

(two) according to the agreement of the parties shall not be transferred;

(3) It shall not be transferred according to law.

If the parties agree that the non-monetary creditor's rights cannot be transferred, they may not confront a bona fide third party. If the parties agree that the creditor's rights are not transferable, they may not oppose a third party.

Article 55 1

Where the debtor transfers all or part of its debts to a third party, it shall obtain the consent of the creditor.

The debtor or a third party may urge the creditor to give consent within a reasonable time. If the creditor fails to express it, it shall be deemed as disagreement.