What are the ways of corporate debt restructuring?
The nine basic methods include: 1, transfer of creditor's rights; 2. Debt offset; 3. Debt forgiveness; 4. Debt confusion; 5. Debt relief; 6. Paying off debts with non-cash assets; 7. Converting debt into capital; 8. Financing for debt reduction; 9. Modify other debt conditions. I. Debt transfer. The so-called debt transfer refers to the behavior of a indebted enterprise to transfer its debts to creditors to a third party. The transfer of debts of indebted enterprises is a transfer of creditor's rights for creditors. Second, debt offset. The so-called debt offset refers to the behavior of the parties to cancel each other's debts according to the equivalent amount. If the debts of both parties are not equal, the debtor is still obligated to pay off the remaining debts that have not been offset. Third, debt forgiveness. Debt forgiveness is also called debt forgiveness. It refers to the act of the creditor giving up the creditor's rights and exempting the debtor from repayment obligations. In the practice of debt restructuring, well-funded affiliated enterprises or sponsors of debt restructuring usually adopt the operation mode of purchasing creditors' claims against indebted enterprises first and then exempting them. For example, a very important part of Zheng's reorganization plan is that Sanlian Group will buy part of its creditor's rights against Zheng from Cinda Asset Management Company at a price of 300 million yuan, and all creditor's rights will be exempted after purchase. Fourth, debt chaos. ? Debt confusion refers to the legal fact that creditor's rights and debts belong to one person. According to Article 576 of China's Civil Code, if the creditor's rights and debts belong to the same person, the rights and obligations of the contract shall be terminated, except those involving the interests of a third party. 5. Debt relief. Or "debt discount" The so-called debt reduction means that creditors reduce part of their claims and reduce the burden of indebted enterprises to a certain extent. Debt reduction is a method of debt restructuring, which is generally used when enterprises are insolvent. In this case, once the enterprise goes bankrupt, creditors can only recover part of their rights, or even have no claims at all. Therefore, through proper assignment of creditor's rights, it is beneficial to avoid creditors from suffering greater losses. This reorganization is described in the Accounting Standards for Business Enterprises? Debt restructuring stipulates "paying off debts in cash below the book value of debts". 6. Pay off debts with non-cash assets. If the indebted enterprise cannot pay off the relevant debts with monetary funds, it may negotiate with the creditors to pay off the debts with non-cash assets. In practice, enterprises in debt trouble often have non-operating assets. If these assets can be separated for debt repayment, we can adjust the financial structure and operating structure at the same time. 7. Convert debt into capital. Debt-to-equity swap is also called debt capitalization, which is usually called "debt-to-equity swap". Debt capitalization refers to the behavior that the debtor converts debt into capital and the creditor simultaneously converts creditor's rights into equity. Eight, financing debt reduction. Debt reduction by financing refers to raising funds to pay off debts through capital increase and share expansion, issuing stocks or bonds and other financing methods. Nine, modify other debt conditions. Debts between enterprises are generally generated according to contracts, and contracts are the result of consensus among the parties. When one party is unable to fulfill the debt repayment conditions agreed in the contract for some reason, it can negotiate with the other party to change the contract and modify other debt conditions. Modifying other debt conditions mainly includes: reducing part of original debt interest, modifying interest rate, extending debt repayment period, extending debt repayment period and charging interest, extending debt repayment period and reducing debt principal or interest, etc. Usually, the purpose of debt restructuring is to save enterprises in this way and give enterprises on the verge of bankruptcy a breathing space. However, debt restructuring does not mean that the enterprise will be saved in the end, but that there is an opportunity. The actual final result depends on the specific situation and the actual operation in the process of debt restructuring.