Corporate creditors can be divided into active creditors, passive creditors, social creditors and corporate creditors, which are classified according to traditional civil law and corporate system.
I. Active creditors
The so-called active creditor usually refers to the creditor who has contractual debts with the company. The contract abides by the principle of autonomy of the parties, and can only take effect if both parties sign it. Therefore, the relationship between company creditors and the company through the contract can be described as the result of their own will, and it is a positive contribution to the debt relationship in nature, so such company creditors are called active creditors.
Second, passive creditors.
The so-called passive creditor's rights, as the name implies, can know that the relationship between such debts is not voluntary, but passive creditor's rights. In the process of making profits, because of its connection with the outside world, outsiders may be damaged by the company's own behavior or the behavior of its employees, thus generating creditor's rights to the company. Tort debt is a passive creditor's right, and the subject with passive creditor's right to the company is a passive creditor's right.
Third, social creditors.
In the company law, there is another kind of creditor, which is the coexistence of active creditors and passive creditors. They are the subjects representing the public interest. The protection of employees and customers, the protection of the environment and ecology, the economical use of social resources and even the payment of taxes are all part of social creditor's rights, while negotiorum gestio and unjust enrichment can also be regarded as part of social creditor's rights, because they are legal adjustments based on social fairness and harmony. People who have creditor's rights to the company based on social creditor's rights are social creditors. Since such claims are based on social welfare, it is easy to imagine that the government will often become such social creditors.
Four. Creditors of corporate bonds
The creditor's right of corporate bonds refers to the person who enjoys the creditor's right of the company by purchasing the corporate bonds issued by the company. This kind of creditors are active creditors, because their relationship with corporate bonds is based on the behavior of buying corporate bonds, but creditors themselves buy corporate bonds from the perspective of investors, similar to shareholders, so they are classified as a class of creditors.