Debt custody:
Debt custody is an agreement reached by policy intermediaries with debtors or creditors to transfer their debts or claims for compensation in accordance with market principles and with the support of relevant policies, which is managed by policy intermediaries in accordance with commercial law.
How to solve a large number of bad debts is a problem that has been discussed in theory and practice. It is one of the better ways to entrust debts by policy intermediaries. That is, specialized agencies reach an agreement with debtors or creditors in accordance with market principles and with the support of relevant policies to transfer their debts or creditor's rights for compensation, and the policy intermediary will manage them in accordance with commercial law.
The so-called policy intermediary organization is an operating organization that can be supported by relevant state policies and relevant state departments. This kind of operating organization should not only have policy advantages, but also have talent advantages (including high-quality management talents and senior financial personnel, etc.). ) and financial advantages. There are two main operating modes of policy intermediaries, one is debt-to-equity swap, the other is pure debt custody operation, and its operating mode is equivalent to debt recovery company.
Debt-to-equity swap is mainly an operation mode in which the custodian reaches an agreement with the bank, selects some enterprises, manages their bad debts, exchanges the debts owed by the original enterprises to the banks, and then the custodian converts the debts owed to the enterprises into equity. It should be noted that in this mode, debt custody can only be aimed at old debts, avoiding the idea that enterprises can "repay the borrowed money". Debt-to-equity swap has the following steps:
1. Trust debt swap contract, which makes the debt of the enterprise to the bank become the debt of the custodian institution to the bank;
2. Converting the entrusted creditor's rights into equity, holding the shares of the entrusted enterprise, exercising shareholders' rights, participating in its operation and management, and even controlling its business activities;
3. An enterprise entrusted to undertake debts shall be reorganized into a limited liability company or a joint-stock enterprise in accordance with the Company Law;
4. The custodian institution should urge the restructured enterprises to operate in strict accordance with the new mechanism, establish market concepts, reduce staff and increase efficiency, strengthen internal governance, and generate economic benefits as soon as possible;
5. Custody institutions should get financial support, such as issuing special bonds or debt funds for debt custody, investing in some promising high-tech projects, and allowing some investment enterprises to purchase funds and recover funds.