论文部分内容阅读
银企合作是加快经济发展的基础,而目前影响银企合作的热点问题是企业的逃废银行债权的行为。那么,企业的哪些行为是逃废银行债权呢?笔者认为,企业的下列行为是逃废银行债权。一、企业进行改造,变更名称或法人,承接了原企业的资产而不承担原企业在金融机构债务的。二、未经债权金融机构同意,企业擅自出售或拍卖已设定为抵押物的资产,所得收入不优先偿还金融机构贷款本息,使金融机构债权被悬空。三、未经债权金融机构同意,企业实行租赁或出租己设定为抵押物的闲置资产,所得的租费不优先偿还金融机构贷款本息,使金融机构债权被悬空。四、未经债权金融机构同意,企业实行承包经营,承包者只占有原企业资产,支付一定的承包费,
The cooperation between banks and enterprises is the basis for accelerating economic development. At present, the hot issue affecting the cooperation between banks and enterprises is the behavior of enterprises to evade bank claims. So, what is the behavior of enterprises to evade bank claims? The author believes that the following acts of enterprises to evade bank claims. First, enterprises to transform, change the name or legal person, to undertake the original assets of the enterprise without assuming the original business debts in financial institutions. Second, without the consent of creditor financial institutions, the company sold or auctioned assets that have been set as collateral without authorization, and the income from the loans will not repay the loan principal and interest of financial institutions as priority, so that the claims of financial institutions are left vacant. Third, without the consent of the creditor financial institutions, the enterprise leases or leases idle assets that have been set as collateral, and the rental income does not give priority to repaying the principal and interest of the financial institutions to make the claims of the financial institutions vacant. Fourth, without the consent of creditor financial institutions, contracting business enterprises, the contractor only occupy the original corporate assets, to pay a certain contract fee,