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Write down the identity information of both parties (name, ID number, household registration address, **, etc.), economic transactions, and both parties confirm that until a certain date, the relevant debts have been fully settled, and there is no dispute. Both parties signed their signatures, fingerprints, and dates.
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The proof of settlement of creditor's rights and debts shall indicate: 1Party A (creditor); ID number; Address; **。
2.Party B (debtor); ID number; Address; **。In order to further clarify the creditor's rights and debts relationship between Party A and Party B, Party A and Party B hereby sign this confirmation.
1. When and how much RMB Party B borrows from Party A, Party B confirms that it has received the loan from Party A, and Party A has a creditor's right against Party B;
2. Party A and Party B confirm that Party B has repaid Party A's principal amount of RMB and how much RMB has been repaid for the agreed interest, and Party A confirms that it has received the honor. And write down the day.
3. Confirmed by both parties A and B, A and B have no creditor's rights and debts.
4. If there is a dispute between Party A and Party B, it should first be settled through negotiation; If the negotiation fails, the court of the place where this agreement is signed shall have jurisdiction;
5. This confirmation shall be made in duplicate, one copy for each party, and shall take effect after signing and sealing.
Finally, both parties sign and indicate the date and place of signing.
Legal basis. Article 557 of the Civil Code of the People's Republic of China [Circumstances of Termination of Creditor's Rights and Debts] In any of the following circumstances, the creditor's rights and debts shall be terminated: (1) the debt has been performed; (2) Debts are offset against each other; (3) The debtor deposits the subject matter in accordance with law; (4) Creditors are exempted from debts; (5) The creditor's rights and debts are attributed to the same person; (6) Other circumstances provided for by law or agreed upon by the parties.
If the contract is terminated, the rights and obligations of the contract shall be terminated.
Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties, and generally include the following clauses:
1) The name or title and domicile of the person in Qingheng who is not in the party;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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Party A (creditor), ID number, address, **, Party B, ID number, address, **, In order to further clarify the creditor's rights and debts relationship between Party A and Party B, Party A and Party B hereby sign this confirmation.
Party A and Party B affirm:
1. Party B borrows RMB XX (capitalized:) from Party A on xx year xx month xx, Party B confirms that it has received the loan from Party A, and Party A has a creditor's right against Party B;
2. As confirmed by both parties A and Party B, as of xx year xx month, Party B has repaid Party A's principal of RMB xx yuan (capitalized:), and has repaid the agreed interest of RMB xx yuan (capitalized:), and Party A confirms that it has been received.
3. As confirmed by both parties A and B, A and B have no creditor's rights and debts.
4. If there is a dispute between Party A and Party B, it should first be resolved through negotiation; If the negotiation fails, the court of the place where this agreement is signed shall have jurisdiction;
5. This confirmation shall be made in duplicate, one copy for each party, and it shall take effect after signing and sealing.
Article 118 of the Civil Code of the People's Republic of China: Civil escort entities enjoy creditor's rights in accordance with law. A creditor's right is the right of the obligee to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law.
Measures for the liquidation of claims.
Measures for the liquidation of claims.
1. Lu Block re-examines and signs the repayment agreement, and pays the arrears according to the agreement.
2. Combine the settlement of creditor's rights with financial support and debt erasure, and implement comprehensive debt settlement.
3. Encourage the development of enterprises, and adopt debt-to-equity or debt-to-investment for the arrears of production-oriented enterprises with strong growth, and perform relevant procedures in accordance with relevant regulations.
4. Standardize the method of transfer of creditor's rights, and the transfer of creditor's rights must be signed in accordance with the law and notarized.
5. Clear division of labor. The debt settlement target is broken down into departments and implemented to individuals, and corresponding incentives are provided.
6. The funds, materials and equity of the creditor's rights liquidation are all included in the management of extra-budgetary funds of the local finance. Prevent the phenomenon of embezzlement and misappropriation of creditor's rights and liquidation of materials and funds.
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Legal analysis: The proof of settlement of claims and debts is generally signed by both the creditor and the debtor. The proof of settlement of claims and debts indicates that the parties no longer have any creditor's rights and debts.
The content of the proof of settlement of creditor's rights and debts is, first of all, to indicate the basic identity information of the creditor and the debtor. The second part is the basic situation of the creditor's rights and debts, such as the time, amount, and performance of the debt. The third part is the confirmation of the settlement of claims and debts, the time and amount of settlement of claims and debts, etc.
Part 4 is. If there is a dispute between the two parties because of this friendship, then the way to resolve the dispute, the address of both parties, etc. The final agreement shall be signed and confirmed by both parties.
After the creditor's rights and debts are settled, there will be no more disputes between the two parties on the settled creditor's rights and debts, and there will be no more disputes. The final agreement shall be signed and confirmed by both parties. After the creditor's rights and debts are settled, there will be no more disputes between the two parties on the settled creditor's rights and debts, and there will be no more disputes.
Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties, and generally include the following clauses: (1) the name and address of the person who is good at the cherry tree; b) the subject matter; iii) quantity; iv) Quality; 5) Price or remuneration; 6) the period, place and method of performance; 7) Liability for breach of contract; 8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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Legal analysis: In the case of confirming the existence or termination of the creditor's rights and debts relationship, the creditor and the debtor will be more cautious, sign the creditor's rights and debts contract at the beginning, and in the case of settlement, there must be a certificate that the creditor's rights and debts of both parties have been settled. The proof of settlement of claims and debts between the two parties shall include the basic information of both creditors and debtors, the specific information of the loans settled by both parties, the method of dispute resolution, the jurisdiction of the dispute, the signature and seal, the date, etc.
Legal Basis for Sprambling:
Article 557 of the Civil Code of the People's Republic of China Under any of the following circumstances, the creditor's rights and debts shall be terminated: (1) the debts have been performed; (2) Debts are offset against each other; (3) The debtor slows down the seepage of the subject matter in accordance with law; (4) Creditors are exempted from debts; (5) The creditor's rights and debts are attributed to the same person; (6) Other circumstances provided for by law or agreed upon by the parties.
If the contract is terminated, the rights and obligations of the contract shall be terminated.
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Legal analysis: In the case of confirming the existence or termination of the creditor's rights and debts relationship, the creditor and the debtor will be more cautious, sign the creditor's rights and debts contract at the beginning, and have proof that the claims and debts of both parties have been settled in the case that they have been settled. The proof of settlement of claims and debts of both parties shall include the basic information of both parties before the debtor, the specific information of the loan settled by both parties, the method of dispute resolution, the jurisdiction of the dispute, the signature and seal, the date, etc.
Legal basis: Article 557 of the Civil Code of the People's Republic of China In any of the following circumstances, the creditor's rights and debts shall be terminated: (1) the debt has been performed; (2) Debts are offset against each other; (3) The debtor liquidates the subject matter and deposits it in accordance with law; (4) Creditors are exempted from debts; (5) The creditor's rights and debts are attributed to the same person; (6) Other circumstances provided for by law or agreed upon by the parties to bury the end of the friendship.
If the contract is terminated, the rights and obligations of the contract shall be terminated.
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1) The first part is the letterhead: proof of settlement of claims and debts; (2) The second part is the basic information of the creditor and the debtor, including name, gender, age, culture, ethnicity, work unit, address Huichun, and ID number; (3) The third part is the content of the agreement reached between the two parties on matters related to the settlement of claims and debts; (4) Signatures of both parties, dated.
Company Law of the People's Republic of China
Article 184.
The liquidation team shall exercise the following functions and powers during the liquidation period:
1) Clean up the company's property, prepare the balance sheet and property list in advance;
2) Notify and announce creditors;
3) To deal with the unsettled business of the company in connection with the liquidation;
4) To settle the taxes owed and the taxes incurred in the process of liquidation;
5) Liquidation of creditor's rights and debts;
6) Dispose of the remaining property of the company after paying off its debts;
7) Participate in civil litigation activities on behalf of the company.
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