How to dispose of non-performing assets

Legal analysis: 1, determination of the object to be disposed of, disposal publicity. The object of disposition can be one creditor's right or several creditors' rights. The latter is a group bag. Management companies sometimes take the initiative to package investment according to the characteristics of assets, but in most cases, they determine the disposal object according to the needs put forward by customers. Because there are many assets to be disposed of, if no one offers to buy them, they will usually be put there first. After the disposal target is determined, most projects need to be publicized-in newspapers and on the website of the management company.

2. Conduct due diligence. Except for loss claims or claims that can recover the principal, other claims are basically evaluated. If the enterprise does not cooperate with the evaluation or the financial system is not perfect, a lawyer should be invited to conduct a property investigation before the evaluation; If the legal relationship is complicated, please ask a lawyer for advice.

3. negotiation. The evaluation result is an important reference for the pricing of creditor's rights. Under normal circumstances, after the evaluation results come out, the management company will work out the transaction price and transaction structure with investors. But many times, we evaluate and negotiate.

4. Submit for approval. Manage the project team of the company to prepare the disposal plan for approval. Those who participate in the examination and approval do not participate in the project disposal. Some projects have the right of approval, and large losses need to be reported to the head office for approval.

5. auction After the approval, the auction house is selected, and the auction house will issue an auction announcement and organize the auction. Of course, some projects can be transferred by agreement without going through the auction procedure. Some projects may engage in bidding, and some projects engage in bidding. No matter what form, it is best to be open, and there are few agreements.

6. Registration fee. The agreement version is provided by the management company.

7. Transfer of creditor's rights and announcement of creditor's rights transfer. After payment, the management company will hand over the loan contract, collection notice and mortgage certificate, and inform the debtor and guarantor that the creditor's rights have been transferred, and the debtor and guarantor will fulfill their repayment obligations to the buyer. The disposal of physical assets is similar to the above. Cooperation and other ways are also possible.

Legal basis: Article 26 of the Regulations on Financial Asset Management Companies. Financial asset management companies should follow the principles of openness, competition and merit in managing and disposing of assets formed by the acquisition of non-performing loans from state-owned banks. Financial asset management companies transfer assets mainly by bidding and auction. If the creditor's rights of a financial asset management company cannot be paid off due to the bankruptcy of the debtor, it shall be handled in accordance with the provisions of the State Council. Measures for the administration of asset disposal of financial asset management companies shall be formulated by the Ministry of Finance.