Management method of enterprise creditor's rights and debts

Corporate bond is a simple combination of the concept of debt and company in civil law, and corporate bond is a unique concept of joint stock limited company. Corporate debt includes the creditor-debtor relationship between a company and a specific person, and corporate debt is the creditor-debtor relationship formed between a joint stock limited company and an unspecified person; The transfer of corporate bonds is restricted by the contract law, and corporate bonds are transferable creditor-debtor relationships. Corporate bonds have different repayment methods and deadlines, while corporate bonds are unified in repayment. Corporate debt is diversified, and the form of corporate debt is bonds.

The company's creditor's rights and debts should not only be managed, but also managed well. How to manage the company's creditor's rights and debts? We should start from the following aspects:

First, the company's creditor's rights and debts are fully registered.

Bian Xiao often finds that the creditor's rights and debts of some companies are not managed and mixed. When to perform obligations and when to exercise rights is nobody's business. It is often necessary to wait until the other creditor urges the debtor to perform the debt before discovering that the foreign debt should be fulfilled. Without adequate preparation in advance, it is difficult to dispatch working capital and other resources when the debt expires, which often leads to the default of the debt, resulting in additional liability for breach of contract or economic disputes.

More seriously, the exercise of creditor's rights is limited by the statute of limitations, and the creditor's rights of many companies sometimes exceed the statute of limitations. For the creditor's rights beyond the limitation of action, even if a lawyer is hired to solve the lawsuit, it often goes away.

To do a good job in the management of creditor's rights and debts, we must first register the creditor's rights and debts of the company, regardless of size.

Second, prepare for debt performance.

Before the debt expires, we should make good preparations before performance according to the size and specific conditions of the subject matter of the debt. Keep your promise and earnestly perform the contract. Put an end to the liability for unwarranted breach of contract, increase the burden of debt performance, and avoid legal disputes at the same time.

Three, the creditor's rights that will soon exceed the limitation of action after the expiration shall be promptly urged.

After the creditor's rights expire, it is often based on the long-term cooperative relationship between business departments, or considering that we don't want to lose customer resources because of excessive debt collection, we can only call or come to the debtor for friendly negotiation to urge the other party to fulfill the debt. However, the other party refused to pay for various reasons, and it seems that the statute of limitations is only two years. At this time, you should write a letter (express mail or fax, etc.). ) clearly urge the other party to fulfill its debts. Of course, you can also explain to the other party by phone, which is just a "routine". In this way, the limitation of action for creditor's rights was interrupted by the reminder, and the two-year limitation of action was recalculated. Therefore, the right of creditor's rights to win in law can be effectively guaranteed.

4. Due creditor's rights shall be settled in time.

For business units that do not intend to continue cooperation or continue the contract basis, if the creditor's rights are overdue for a long time and the other party always fails to perform its obligations, they should promptly hire lawyers to solve them through litigation. Otherwise, once the debtor loses the ability to perform the debt or is fully prepared to avoid performing the debt, the contract will become a dead letter.