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

Legal analysis: 1. For the debts incurred before the transfer of one-person company's equity, if the original shareholders can't prove that the company's property is independent of their personal property before the transfer, the creditors have the right to ask the original shareholders to bear joint and several liability for repayment. 2. The debts of a limited liability company shall be borne by the company, and shareholders shall bear limited liability for the debts of the company only to the extent of capital contribution. When a shareholder transfers its equity, it may be agreed that the original shareholder shall be liable for paying off the debts before the transfer. However, this agreement only stipulates the shareholders of both parties to the transfer, and the creditors have the right to ask the company to continue to bear the repayment responsibility. 3. If a shareholder fails to perform the obligation of capital contribution to transfer the equity, the creditor may require him to bear supplementary liability for the debts of the company before the transfer within the scope of capital contribution, and the transferee shall bear joint liability for this.

Legal basis: Article 20 of People's Republic of China (PRC) Company Law, shareholders of a company shall abide by laws, administrative regulations and articles of association, exercise their rights according to law, and shall not abuse their rights to harm the interests of the company or other shareholders; The company's independent legal person status and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors. Shareholders of a company who abuse their rights and cause losses to the company or other shareholders shall be liable for compensation according to law. Shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company.