What are the specific forms of company division?

1. What are the specific forms of company division? It means that an enterprise (hereinafter referred to as the separated enterprise) separates and transfers some or all of its assets to an existing or newly established enterprise (hereinafter referred to as the separated enterprise), and the shareholders of the separated enterprise pay the equity or non-equity of the separated enterprise in exchange to realize the legal separation of the enterprise. There are two basic types of enterprise division: surviving division and newly established division. 1. Surviving separation means that after separation, the separated enterprise continues to operate without changing its name and legal person status, and at the same time, the separated enterprise exists as another independent legal person. After the division, the shares of the separated enterprise shall be held by the shareholders of the separated enterprise. Surviving separation usually adopts two technical methods: share split method and redemption method. (1) Separation of enterprises and shareholders. Non-tradable shares refers to the separation and transfer of some assets to a new company or an existing company, and the shares of subsidiaries that accept the assets are distributed to all shareholders of the separated enterprise. At the same time, the share capital of all shareholders in the separated enterprise is reduced in proportion, and sometimes it can remain unchanged. (2) Separation of enterprises from shareholders. Share-sharing redemption refers to separating some assets of the separated enterprise to form a new subsidiary or existing company, and distributing the equity of the new company to some shareholders of the separated enterprise in exchange for their shares in the separated enterprise, so that these shareholders no longer hold the shares of the separated enterprise. 2. The new division is to divide the separated enterprise into two or more enterprises and cancel them according to law. (1) Separation of enterprises and shareholders. All the shareholders of the separated enterprise have obtained all the shares of the separated enterprise in a balanced way according to the original shareholding ratio, the original shares of the separated enterprise have been cancelled according to law, and the separated enterprise has been dissolved according to the provisions of the Company Law. (2) Separation of enterprises from shareholders. Similarly, if different shareholders of a separated enterprise acquire shares of different separated enterprises, they shall dissolve the separated enterprise according to the company's laws and regulations and cancel their shares according to law. Two. Judicial Interpretation of Enterprise Separation "the Supreme People's Court's Interpretation on Several Issues Concerning Enterprise Restructuring" Article 12 Creditors claim their creditor's rights against the separated enterprise. When the enterprise is divided, there is an agreement on the debt commitment of the original enterprise, and it is agreed by the creditors, which shall be handled according to the agreement of the parties; If there is no agreement or unclear agreement on the debts of the original enterprise when the enterprise is divided, or if there is an agreement but the creditor refuses to admit it, the separated enterprise shall bear joint liability. Thirteenth separate enterprises shall bear joint and several liability, and if there is an agreement between separate enterprises to bear the debts of the original enterprise, it shall be handled in accordance with the agreement; If there is no agreement or the agreement is not clear, it will be shared according to the proportion of assets when the enterprise is divided. The separation of enterprises is also an important change in the process of enterprise development. In addition, the merger of enterprises often takes into account the needs of future business development. In general, the purpose of enterprise merger is to strengthen alliance and optimize resource allocation. Through this operation, the cost of the enterprise can be reduced and the benefit can be maximized. In our country, there are corresponding regulations on the form of separation and merger of enterprises, which you can actually understand.