What should be paid attention to in China's corporate restructuring?

First, what should we pay attention to in China's corporate restructuring? First, shareholder qualification. The whole state-owned enterprise is restructured into a limited company or a joint stock limited company. The original state-owned enterprise itself shall not be a shareholder or promoter of the company, but the investor or new investor of the original state-owned enterprise shall be a shareholder or promoter of the company; For the original state-owned enterprise to absorb its employees (more than 50 people) to become a limited company, the enterprise trade union with the qualification of enterprise legal person can exercise the functions of shareholders or promoters on behalf of all or part of the employees as the investment subject of the company; Institutions as legal persons, enterprises as legal persons (including state-owned enterprises, collective enterprises and private enterprises), enterprise as legal person associations and natural persons may be shareholders of restructured enterprises. The second is the issue of registered capital. When a state-owned enterprise is restructured, it shall carry out assets verification and asset evaluation on the original enterprise, with net assets as the capital contribution. The asset appraisal report made by the asset appraisal institution shall be confirmed by the financial department. Where new capital is absorbed, a capital verification report from a statutory capital verification institution shall also be submitted. When an unincorporated enterprise is transformed into a company or a limited company is transformed into a joint stock limited company in accordance with the Company Law, the converted total paid-in share capital shall not be higher than the company's net assets. The third is the disposal of state-owned assets. The debts of banks and other creditors shall not be suspended during the restructuring of state-owned enterprises. An enterprise that mortgages or pledges loans with property must obtain the consent of creditors for its restructuring plan; For the unrecoverable creditor's rights and the loss of assets to be eliminated and scrapped, the enterprise can write off the net assets according to the supporting materials provided by the relevant departments such as the implementation intermediary agencies, professional technology and justice, and after being audited by the competent department and approved by the financial department; The right to dispose of land allocated by state-owned enterprises and the right to income belong to the government at the same level. The fourth is the debt problem. The whole state-owned enterprise is restructured into a wholly state-owned limited company, and the debts of the original enterprise are borne by the restructured limited company; If an enterprise realizes the share participation of others in the enterprise by expanding assets or transferring part of property rights, and the whole enterprise is restructured into a limited liability company or a joint stock limited company, the debts of the original enterprise shall be borne by the newly established company after the restructuring. Second, the restructuring of companies and enterprises is also called "enterprise restructuring". In China, it refers to the process that state-owned enterprises, collective enterprises and township enterprises are reorganized from the traditional organizational system into a company system that meets the requirements of the modern enterprise system in accordance with China's Company Law and other laws and regulations. Its purpose is to establish a modern enterprise system, realize the transformation of enterprise management mechanism, and promote the effective allocation of resources, technological progress and economic benefits. Through restructuring, some enterprises are reorganized into wholly-owned limited liability companies, some enterprises are reorganized into limited liability companies with multiple investors, some enterprises are reorganized into joint-stock companies, and some collective enterprises and township enterprises may be reorganized into joint-stock cooperative enterprises. We should know that the main purpose of restructuring an enterprise or company is to seek better development. Regarding the restructuring of companies, China's "Company Law" clearly stipulates that as long as the conditions are met, the general state will support companies and enterprises to carry out restructuring for better social development.