| This paper aims to introduce the relevant legal issues of listed companies during the restructuring of assets in the reorganization. At present, the reorganization is recognized as the most active corporate bankruptcy prevention and effective legal system. Enterprise restructuring is an important method of the adjustment enterprise strategy, but for the interests of relevant people such as shareholders, creditors and employees, will have a significant impact. Especially in the reorganization, legal relations have changed, so it needs to establish efficient and equitable legal policy under the conditions of the reorganization. Keeping good side and avoiding adverse side is the premise of reorganization system.Generally speaking, if an enterprise can get more money to eliminate the bankruptcy reason, the company is always willing to self-reliance in order to restore normal operation. In practice, the debtor can use variety measures to restore the purpose of the regeneration, such as extension to or relieving debt, transferring assets, making debts converted into shares, issuing new shares and'debt'to the specific object and so on. Therefore, effective asset restructuring of listed companies is a necessary condition for successful reorganization. However, the assets restructuring is very complex in the normal condition, and in the reorganization process, the legal relationship has changed. At this time, the assets restructuring will face many special problems.This paper is divided into four parts; the first part briefly introduces the concept and features of reorganization. It is the background knowledge. This part also introduces assets restructuring activities in the bankruptcy reorganization. Being it is very complex so in this paper it will be introduce several commonly methods. The second part studies the assets restructuring of listed companies should insist on the principle during reorganization from the efficiency and fairness issues. The third part is the most important one. It is focused on the special legal problem about reorganization, including the participation changes in the status, as well as in this condition changes concerning the authority of the debtor, and creditors will do the rights of the shareholders; How to protect the interests of the creditors, shareholders and the reorganization; How to resolve the conflict in the application of the law. The principle of asset restructuring is voluntary, while one of the characteristics of reorganization is the involvement of public power. It is good to protect the implementation of reorganization successfully, but more public power will make the market disordered. The last part is the conclusion. |
