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本文仅就我们常州在推行股份制试点中碰到的有关法律问题,作初步探讨。 一、关于债权与股权转换的法律问题 目前,在国有企业中,由于基本建设、技术改造,或由于改善经营设施的需要,同一些企业发生了债权与债务的关系。在股份制改组中,不论是社会募集、定向募集的股份有限公司,还是法人持股的有限责任公司,只要债权人愿意改组的股份制企业有需要,又符合国家的有关规定,都可以将合同形式所发生的债权,转换为股份公司的股权,购买其法人股而成为股东。这样做对双方都有好处:对股份公司来说,可以得到一笔不付利息而只分红利的股本金,把双方的利益捆在一起,使股权方更加关心公司的生产经营,对原债权方来说,
This article only on the Changzhou in the implementation of the joint-stock pilot encountered in the legal issues encountered for a preliminary discussion. I. Legal Issues Concerning Debt and Equity Transfer At present, there is a relationship between claims and debts of some enterprises in state-owned enterprises due to capital construction and technological renovation or due to the need to improve operational facilities. In the joint-stock reorganization, whether it is a limited liability company that is raised by society, a limited liability company that is raised by a corporation or a legal person’s shareholding, as long as the joint-stock company that creditors want to restructure has the need and the relevant state regulations, it can take the form of contract Of the debt, converted into shares of the company’s shares, the purchase of its legal person shares and become shareholders. This is good for both parties: for a joint-stock company, it can get a share of dividend without interest payment and bundle the interests of both parties so that the equity parties can be more concerned about the company’s production and operation. For creditors,