"The Substantive Merger And Reorganization Of Six Companies Including Company A" Legal Analysis

Compared with the general bankruptcy reorganization,the substantial merger and bankruptcy reorganization of affiliated enterprises has more complex creditor’s rights and debts and more difficult to distinguish enterprise property.Therefore,in practice,more difficulties and problems are often encountered.Although the sixth part of the National Court Bankruptcy Trial Work Conference Minutes issued in 2018 has made relevant provisions for the substantive merger and bankruptcy reorganization of affiliated enterprises,as a meeting minutes,it has its own limitations,coupled with its relevant provisions are too general,in practice,can only play a certain guiding role.The inadequacy of the standard for the substantial merger and bankruptcy of enterprises eventually leads to the disunity of judicial practice standards,which has caused many troubles to the court,administrator and creditors.Based on the legal analysis of the "substantial merger and reorganization of six companies including company A",the article discusses whether "six companies including company A should be included in the substantive merger and reorganization" and whether the bank’s debt settlement after the expiration of the bank’s claims can be revoked."" and "How to determine the cut-off date of interest calculation for the substantive merger and reorganization of related enterprises" and other three controversial focal points to discuss and analyze,and are committed to practically solving the relevant problems and difficulties encountered by managers and courts in reality,and better saving the enterprise,serve the society.At the same time,further to the "affiliated enterprise merger substance" of legislation and the judicial puts forward relevant Suggestions,including the relationship of standards,the essence of merging startup subject and pattern,the creditor benefit protection and relief system,and careful for merger restructuring,operation specification practices,so as to fundamentally solve the lack of related legislation and practice standard is not unified.