How to transfer creditor's rights and debts between affiliated companies

Legal analysis: debt transfer must be effective debt, and the effective existence of debt is the premise of debt commitment. If the debt is invalid from the beginning or has been eliminated when it is assumed, even if the parties conclude a debt assignment contract, it will not be effective. The transferred debt in debt transfer is transferable, and the non-transferable debt cannot be the subject of the debt transfer contract.

Legal basis: Article 545th of the Civil Code of People's Republic of China (PRC). A creditor may assign all or part of its creditor's rights to a third party, except in any of the following circumstances:

(a) according to the nature of the creditor's rights shall not be transferred;

(two) according to the agreement of the parties shall not be transferred;

(3) It shall not be transferred according to law.

If the parties agree that the non-monetary creditor's rights cannot be transferred, they may not confront a bona fide third party. If the parties agree that the creditor's rights are not transferable, they may not oppose a third party.