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With the continuous development of enterprises, problems are constantly emerging. There are a lot of creditor's rights between enterprises and other suppliers that cannot be recovered as soon as possible. But in the end, it is found that the creditor's rights are always difficult to recover, but the debt can't be got rid of. Therefore, the situation of creditor's rights and debts has become a concern of both sides.
First, the problems that should be paid attention to in clearing creditor's rights and debts
(1) The problem of creditor's rights and debts is not a simple problem of the other party's default and tight capital flow, but a complex institutional problem.
There are many reasons why the existing creditor's rights are difficult to recover: first, there are mistakes in selecting customers and estimating the repayment ability of customers in business links; Second, ignoring the key legal issues in the process of contract performance, resulting in de facto passivity; Third, the management of creditor's rights is neglected, and there is no special person responsible for it for a long time, so that the debtor does not feel the pressure and necessity of repayment; Fourth, the collection method of creditor's rights is unscientific, and the most economical means are not used to achieve the maximum effect; Fifth, it is considered that it is most important to continue cooperation, and the creditor's rights are temporarily put on hold, resulting in more and more creditor's rights; Six, the risk of creditor's rights is not enough to prevent, better late than never.
(2) Analysis of various default modes.
Various enterprises have done a lot of exploration in the liquidation of creditor's rights and debts. Through the analysis of the phenomenon of bad creditor's rights, we have learned that the means of default by other enterprises can be roughly divided into the following categories:
65438+ At present, many enterprises operating in groups adopt this method.
2. Take advantage of the dominant market position, force suppliers to cooperate in price reduction, and make settlement and capital occupation contracts for suppliers, thus legally delaying the payment time.
3. Taking the intentional batch transaction as bait, delaying payment for the previous transaction makes the supplier feel scared and dare not rush to make a payment.
4. Evade the payment responsibility for various reasons in the transaction, such as putting forward various quality problems and excuses, delaying the settlement procedures and time of suppliers, and preventing suppliers from obtaining effective dunning credentials as soon as possible.
5. Deception in good faith, repeated promises of non-payment, sincere attitude and bad behavior. The above are the common ways and means of arrears. Of course, there are many other situations, but most of them are similar.
(3) In view of the reasons for breach of contract, measures should be taken to correct and prevent it.
1. For important big customers, the other party cannot be completely allowed to have too much capital backlog. We should regularly evaluate the credit status of customers, estimate the risk value of customers and strictly monitor them. When necessary, let the other party provide corresponding guarantees and guarantee measures to avoid the final creditor's rights falling through.
2. In the case of unfavorable market position, we should pay more attention to the customer's capital dynamics and repayment ability, and evaluate its risk index at any time. We should not ignore the interests of the occupied funds, because we expect unpredictable results in the future. Once unfavorable factors appear, litigation measures should be taken as soon as possible.
3. For customers who have been using lure for early trading, it is necessary to identify their real purpose. Once the other party breaches the contract, it is necessary to argue with reason to avoid the expansion of losses.
4. For customers who deliberately create obstacles, they should pay special attention to keeping all kinds of transaction vouchers, try to obtain transaction performance certificates, and adopt the principles of rationality, benefit and restraint to avoid being led by the other party.
For those customers who like to cheat trust with sweet words, we should take effective measures immediately and clean up as soon as possible.
(4) Strengthen self-management and raise awareness of risk prevention.
First of all, we should establish a perfect contract management system, attach importance to the credit evaluation of customers, emphasize the examination and approval of contracts, avoid the risk of performance, strengthen the control of the transaction process, and pay attention to the preservation of various transaction materials.
Secondly, establish perfect files for all customers, update them at any time, regularly evaluate customers' performance ability and risk coefficient, and pay attention to their business changes as much as possible through various channels.
Then, set up a special organization to manage the creditor's rights, strictly classify the creditor's rights, and designate a special person to collect them, always paying attention to collecting the evidence and materials needed for litigation. As a last resort, I avoided the lawsuit and found that the evidence was insufficient.
Thirdly, strengthen the communication within the enterprise. Once a problem is found in a certain link, notify all departments in time to avoid the same mistake and put an end to the state of fragmentation.
Finally, prevention first, through various efforts, so that enterprises gradually move towards a virtuous circle, to avoid the snowball development of creditor's rights.
Two. How to write the explanation about the liquidation of creditor's rights and debts?
××× (unit name) Certificate of creditor's rights and debts settlement
Xx Administration for Industry and Commerce:
Xxxx (company name) is an institution invested by our company, and now we apply for cancellation. The creditor's rights and debts of this unit have been cleared ([or:] this unit takes over and is responsible for clearing).
Hereby certify that
[Seal of competent department (investor)]
date month year