What are the ways of debt restructuring in company law?
Debt restructuring refers to the behavior of changing repayment conditions or repayment methods when the company is short of funds and cannot repay debts on time and in quantity. So what are the ways of debt restructuring in company law? First, repay the company's capital, including the company's funds, deposits and loans; The second is to convert debt into company capital, such as company stock; The third is to modify the repayment conditions, such as reducing the amount or interest; Fourth, the combination of the above three ways. Debt restructuring, also known as debt restructuring, refers to the matter that creditors make concessions according to the agreement reached with the debtor or the court's ruling when the debtor has financial difficulties. In other words, as long as the original debt repayment conditions are modified, that is, the debt repayment conditions determined during debt restructuring are different from the original agreement, it is regarded as debt restructuring. There are several ways of debt restructuring: (1) paying debts with assets; (2) Debt-to-equity swap. (3) Modifying other debt conditions, such as reducing debt principal, lowering interest rate and exempting unpaid interest payable; (four) the combination of the above three ways. Debt restructuring, the debtor transfers its assets to creditors to pay off debts. The assets that debtors usually use to pay debts mainly include: cash, inventory, financial assets, fixed assets and intangible assets. Paying off debts in cash usually means paying off debts in cash below the book value of debts. If the same amount of debt is paid off in cash, it does not belong to debt restructuring. Debt-to-equity swap refers to debt restructuring in which debtors convert debts into capital and creditors convert creditor's rights into equity. However, if the debtor converts the convertible corporate bonds payable into capital according to the share conversion agreement, it belongs to the debt capital under normal circumstances and cannot be treated as debt restructuring. Modify other debt conditions, reduce debt principal, lower interest rate and exempt unpaid interest payable. The combination of the above three ways adopts the above three ways and the debt restructuring form of paying off debts. (1) part of the debt is paid off with assets, and the other part is converted into capital; (2) part of the debt is paid off by assets, and the other part is modified by other debt conditions; (3) Part of the debt is converted into capital, and the other part is modified into other debt terms; (4) part of the debt is paid off by assets, part of it is converted into capital, and the other part is modified by other debt terms. Debt restructuring has certain losses to creditor companies, which need to be resolved through consultation between both parties. The law doesn't interfere too much in debt restructuring, but once the two parties can't solve it through consultation, the court can also mediate to help reach a restructuring agreement and determine the repayment method. Debtors should also try their best to minimize the losses of creditors.