Party B (transferee): _ _ _ _ _ _ _ _ _ ID card: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A is a shareholder of the original company (hereinafter referred to as "the company"), and holds 0/00% equity of the company/kloc. Through negotiation between Party A and Party B, Party A has transferred 0/00% equity of the company to Party B, and the legal representative of the company has also been appointed by Party B. In order to clarify the commitment of the company's creditor's rights and debts before and after the equity transfer, both parties have reached the following terms of the agreement for mutual compliance.
1. All creditor's rights of the Company before the registration of equity transfer in the Industrial and Commercial Bureau shall be enjoyed by Party A, and Party A may entrust its creditor's rights to Party B for recovery in the name of the Company. After the creditor's rights are realized, Party B shall return all the proceeds to Party A, and Party A shall pay Party B% of the proceeds.
2. The creditor's rights generated before the company's equity transfer change registration (the date when both parties submit the equity transfer change registration materials to the industrial and commercial department) shall be enjoyed and recovered by Party A, and the debts shall be borne by Party A. ..
3. All debts incurred by the company before the registration date of equity transfer in the Industrial and Commercial Bureau shall be borne by Party A. If the company or Party B repays the debts incurred by Party A on behalf of Party A, Party B has the right to claim compensation from Party A in its own name.
4. The creditor's rights generated after the company's equity transfer change registration (the date when both parties submit the equity transfer change registration information to the industrial and commercial department) shall be enjoyed and recovered by Party B, and the debts shall be borne by Party B. ..
5. On the day when both parties submit the registration materials of equity transfer change to the industrial and commercial department, Party A shall hand over the company's official seal, financial seal, bank account opening card, bank account opening permit, code certificate and digital certificate, original national tax certificate and original local tax registration certificate to Party B for safekeeping (when Party B changes the bank account, Party A shall provide Party B with the original private seal of the legal representative to handle the account); The legal representative of the original company may not sign any creditor's rights and debts documents on behalf of the company. All debts incurred by the Company shall be borne by Party A. If the Company or Party B repays the debts incurred on behalf of Party A, Party B has the right to claim compensation from Party A in its own name.
6. All creditor's rights arising from the company's registration of equity transfer in the Industrial and Commercial Bureau shall be enjoyed by Party B. ..
7. If the equity transfer is not completed, this agreement will be terminated.
8. This agreement shall come into force as of the date of signature by both parties. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Party A: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _
Date of signature: _ _ _ _ _ _ _ _ _ _ _ _
Date of signature: _ _ _ _ _ _ _ _ _ _ _ _
The Company dissolves the creditor's rights transfer agreement 2. Party A (creditor):
Address:
Business license number:
Entrusted agent:
Tel: Fax:
Party B (assignee of creditor's rights):
Address:
Business license number:
Entrusted agent:
Tel: Fax:
Party C (the debtor):
Address:
Business license number:
Entrusted agent:
Tel: Fax:
Whereas:
1. Party B has the creditor's right to Party A in RMB _ _ _ _ _ _ _ _;
2. Party A has _ _ _ _ _ _ creditor's rights to Party C;
3. The above claims are all loans.
In order to properly solve the creditor's rights and debts of Party A, Party B and Party C, Party A and Party B have reached the following agreement on the transfer of creditor's rights on the basis of equality, voluntariness and consensus in accordance with the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations:
I. Transfer of creditor's rights
1. Party A agrees to transfer the creditor's rights against Party C to Party B according to this agreement. The creditor's rights transferred by Party A include RMB principal and interest.
2. Party B agrees to accept the creditor's rights mentioned in the preceding paragraph and obtain the subordinate rights related to the creditor's rights, including but not limited to _ _ _ _.
3. Since the effective date of this agreement, the creditor-debtor relationship between Party A and Party B has been offset.
4. From the effective date of this agreement, Party B may claim the creditor's rights from Party C at any time.
Two. Representations, warranties and commitments
1. Party A promises and guarantees that:
(1) The transferred creditor's rights are legal and valid, and the transferred creditor's rights have been authorized or approved by relevant internal institutions;
(2) Being legally established and effectively existing, having the right to transfer creditor's rights and being able to bear civil liabilities independently.
2. Party B guarantees its legal establishment and effective existence, and has the right to accept the creditor's rights transferred by Party A, and the creditor's rights it has accepted have been authorized or approved by relevant internal institutions;
Third, the liability for breach of contract
If one party violates its statements, warranties, commitments or any other obligations in this Agreement, resulting in the other party suffering or suffering damages, losses and other responsibilities, the breaching party shall make full compensation to the other party and protect it from damage.
Four. All agreements, amendments and changes
This agreement constitutes the entire agreement and understanding reached by all parties on the subject matter of this agreement, and supersedes any written or oral statement, agreement or arrangement made or reached by all parties on the same matter before.
Verb (abbreviation of verb) dispute and solution
Any dispute arising from or in connection with this Agreement may be submitted by either party to the Arbitration Commission for arbitration in accordance with its arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding on both parties.
Text and entry into force of intransitive verbs
1. This agreement shall come into effect after being signed and sealed by both parties. When Party C signs this agreement, it shall be deemed that it has received the notice of Party A's assignment of creditor's rights.
2. This agreement is made in triplicate, with each party holding one copy.
Party A (official seal)
Authorized representative:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
party B
Authorized representative:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party C (official seal)
Authorized representative:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The company cancels the creditor's rights transfer agreement 3. Party A: _ _ Co., Ltd.
Domicile (address):
Legal representative:
Party B:
Domicile (address):
Legal representative:
Party C: _ _ branch
Domicile (address):
Legal representative:
Party A is the owner of _ _ _ _ _ _ _ _
1. Party A, Party B and Party C unanimously confirm that Party C owes Party B RMB _ _ _ _ _ _ * (in words: _ _ _ _ _) by the date of signing this Agreement.
2. Party A, Party B and Party C unanimously agree that Party C will transfer all the project payment of Party B (RMB _ _ _ _ _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _) to Party A for performance, and Party A will directly pay it to Party B according to this agreement; Party A shall pay Party B RMB * * * * (in words: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _) before _ _ _ _ _ _ _ _.
Three. Representations, warranties and commitments:
1. Party A promises and guarantees that:
(1) promises to be fully capable of paying the above amount.
(2) If Party B fulfills its payment obligations on time, or fails to fulfill or fails to fulfill its payment obligations on time, it shall pay a penalty of 0.3% of the unpaid amount to Party B for each day overdue;
(3) Any other agreements or creditor's rights and debts between Party A and Party C or any third party have nothing to do with this agreement. After this agreement comes into effect, Party A shall not refuse to perform the obligation of paying the agreed amount to Party B on the grounds that any other agreement or creditor's rights and debts between Party C and any third party are invalid, cancelled or cancelled;
(4) Party A shall not refuse to perform the obligation of paying Party B as agreed in this Agreement on the grounds of any fault of Party C. ..
2. Party B promises and guarantees that:
(1) Continue to perform all agreed obligations and responsibilities according to the original contract signed between Party B and Party C;
3. Party C promises and guarantees that:
(1) It is legally established and effectively exists, has the right to implement the contents of this agreement, and can independently bear civil liabilities;
Four. After this agreement comes into effect, Party C will no longer perform its obligations to Party B. If Party A performs its obligations, Party B shall issue an invoice to Party A in the name of Party B. ..
5. Each party agrees that if one party violates its statements, warranties, commitments or any other obligations made in this Agreement, resulting in other parties suffering or suffering damages, losses, claims and other responsibilities, the breaching party shall make full compensation to the other party.
6. This Agreement shall come into effect after Party A, Party B and Party C affix their official seals and sign by their legal representatives or agents authorized by their legal representatives.
Seven. Matters not covered in this agreement shall be handled in accordance with relevant national laws, regulations and rules, or a supplementary agreement shall be signed by Party A, Party B and Party C separately. ..
Eight. Settlement of disputes in this contract: Party A, Party B and Party C shall settle disputes through consultation; If both parties fail to reach an agreement through consultation, they shall bring a lawsuit to the People's Court of Xuhui District, Shanghai according to law;
Nine. This Agreement is made in sextuplicate, with Party A, Party B and Party C holding two copies respectively.
Signing time: Signing place:
Party A: (official seal) Legal representative (or authorized agent): (signature) Tel:
Party B: (official seal) Legal representative (or authorized agent): (signature) Tel:
Party C: (official seal) Legal representative (or authorized agent): (signature) Tel
The Company dissolves the creditor's rights transfer agreement 4. Party A (transferor):
Party B (transferee):
In order to properly solve the debt problem, Party A and Party B reached the following creditor's rights transfer agreement according to law through friendly negotiation, and kept it as creditor's rights:
1. Party A and Party B unanimously confirm that Party A owes Party B RMB * * * from the date of signing this Agreement.
2. Party A and Party B agree that Party A will transfer all the creditor's rights of _ _ _ _ _ _ _ to Party B for exercise, and Party B will directly claim the creditor's rights from _ _ _ _ _ _ _ according to this agreement.
Three. Representations, warranties and commitments:
1. Party A promises and guarantees that:
(1) It is legally established and effectively exists, and has the right to transfer the creditor's rights under this agreement, and can independently bear civil liabilities;
(2) The transferred creditor's rights are legal and valid.
2. Party B promises and guarantees that:
(1) is legally established and effectively exists, and has the right to accept the creditor's rights under this agreement and bear civil liabilities independently;
(2) Its transfer of creditor's rights under this Agreement has been authorized or approved by relevant internal institutions.
Four. After this agreement comes into effect, Party B shall not claim any creditor's rights from Party A. ..
Verb (abbreviation of verb) If this agreement is invalid or revoked, Party A will continue to perform its obligations according to the original contract and other legal documents.
The parties to the intransitive verb agree that if one party violates its statements, warranties, commitments or any other obligations made in this agreement, resulting in other parties suffering or suffering damages, losses, claims and other responsibilities, the breaching party shall make full compensation to the other party.
Seven. This Agreement shall come into effect after Party A and Party B affix their official seals and are signed by their respective legal representatives or agents authorized by their legal representatives.
Eight. Matters not covered in this agreement shall be handled in accordance with relevant national laws, regulations and rules.
Nine. This agreement is made in triplicate, one for each party, with the same legal effect.
Party A:
Party B:
Signature time:
Signing place:
Agreement 5 on Cancellation of Creditor's Rights Transfer by the Company signed on.
Party A: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _
Party C: _ _ _ _ _ _ _ _ _ _ _
In order to strengthen the capital turnover speed and improve the efficiency of capital use, Party A, Party B and Party C have reached the following write-off agreement through friendly negotiation.
1. Creditor-debtor relationship: Party A owes Party C RMB _ _ _, Party B RMB _ _ _ and Party C RMB _ _ _ _.
2. Transfer amount: _ _ _ _ _ _ _ _ _ _ _ (yuan).
3. Transfer method: The three parties are fully aware of the above-mentioned creditor-debtor relationship. Through friendly negotiation, it is unanimously agreed that the use fee of Party B is _ _ _ _ _ _ _ _ _ _ _.
4. Accounting treatment: This agreement is made in sextuplicate, and each party holds two copies. It shall take effect after being signed and sealed by the representatives of the three parties, and shall be used as the basis for handling the creditor's rights and debts of all parties.
5. Matters not covered shall be settled through negotiation. If negotiation fails, it shall be settled by the people's court.
Party A: _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ Party C: _ _ _ _ _ _ _ _ _.
Company official seal: _ _ _ _ _ _ _ _ _ _ _ Company official seal: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Financial seal: _ _ _ _ _ _ _ _ _ _ Financial seal: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Representative: _ _ _ _ _ _ _ _ Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _