What are the ways to recover corporate debts?
(A) business methods to recover corporate debts
1. Demand payment. Telephone dunning personnel should have the following conditions: first, professional knowledge, such as contracts, payment terms, rights and obligations of suppliers and customers; The second is conversation skills such as steps, intonation, mastery of temperature, etc.
2. Ask for payment by letter. The advantages of letter dunning are: it is very formal to use letter dunning, and the most important thing is that letter is a very effective evidence of the interruption of the limitation of action.
3. Ask for payment by fax. The biggest advantage of fax is its high speed, which can let customers know your requirements in writing in the shortest time.
4. Ask for confirmation letter and written payment plan. Written confirmation and payment plan are more formal and can leave a deep impression on customers. In addition, written confirmation and payment plan will play a vital role in recovering arrears through legal or other severe means in the future.
5. Commercial punishment measures. Commercial punishment measures include: first, stop supplying. Stopping supply is not only a commercial punishment measure, but also a means to reduce credit risk. The second is to charge interest on overdue accounts. The interest on overdue accounts is generally stipulated in the sales contract, and the supplier has the right to collect it.
(2) Legal methods for recovering the company's debts. Legal Action Legal action is the last effort made by the supplier to recover the debtor's debts. There are several legal ways to recover the company's debts:
1. Entrusting a professional legal debt collection agency (such as a lawyer) to entrust a lawyer to collect overdue accounts is a commercial punishment measure of the supplier and also a part of the supplier's last effort.
2. Preparation of evidence before litigation. First of all, it is necessary to confirm that the debtor's complaint has been resolved and avoid facing the debtor's counterclaim in court. Secondly, it is necessary to confirm that the debtor has sufficient assets to pay off the debt, otherwise even if a favorable judgment is obtained, it will not be executed.
3. Litigation property preservation. Applying to the court for litigation preservation of the defendant's movable or immovable property is an important way to ensure the rapid execution of the judgment. However, when applying to the court for litigation preservation, it is necessary to pay a certain amount of deposit to the court.
There are still some differences between the debts of a company and those of individual shareholders. Personal debt is mainly the relationship between creditor's rights and debts owed by individuals, while corporate debt is owed by the company in the course of operation, so it is necessary to distinguish between the two repayment objects.
legal ground
Company Law of the People's Republic of China
essay
The company is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
Article 4
Shareholders of a company shall enjoy the right to return on assets, participate in major decisions and choose managers according to law.
Article 28
Shareholders shall pay their respective subscribed capital contributions in full and on time in accordance with the Articles of Association. Where the shareholders make capital contributions in cash, they shall deposit their capital contributions in full into the account opened by the limited liability company in the bank; Where non-monetary property is used as capital contribution, the formalities for the transfer of property rights shall be handled according to law. Where a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, he shall be liable for breach of contract to the shareholder who has paid the capital contribution in full and on time.