Is the transfer of the company's creditor's rights and debts legal?

The company's creditor's rights and debts can be transferred, but the transfer of creditor's rights and debts must meet four conditions. First, the company has legal and effective creditor's rights and debts; Secondly, the creditor's rights and debts of the transferred company are transferable; Third, the debtor must be informed of the transfer of creditor's rights, and the third party must reach an agreement with the creditor or debtor on the transfer of debt; Finally, the transferor and transferee of creditor's rights and debts must reach an agreement on the transfer of creditor's rights and debts.

legal ground

Article 55 1 of the Civil Code

Where the debtor transfers all or part of its debts to a third party, it shall obtain the consent of the creditor. The debtor or a third party may urge the creditor to give consent within a reasonable time. If the creditor fails to express it, it shall be deemed as disagreement.

Article 553

If the debtor transfers the debt, the new debtor may claim the defense of the original debtor against the creditor; Where the original debtor enjoys the creditor's rights, the new debtor may not claim offset from the creditor.

Article 554

If the debtor transfers the debt, the new debtor shall bear the subordinate debt related to the main debt, except that the subordinate debt belongs exclusively to the original debtor.

Article 545

A creditor may assign all or part of its creditor's rights to a third party.