Types of bank debt evasion by enterprises

Legal analysis: The causes of an enterprise's evasion of bank debts are: without the consent of the creditor bank, the bank claims are suspended by means of restructuring, reorganization, division, merger, leasing, bankruptcy, etc., the evasion of funds through abnormal related party transactions, the transfer of profits and the transfer of assets, resulting in the suspension of bank debts, and the deliberate evasion of the supervision of the creditor bank on the loan by means of account transfer and multiple account opening, so that the principal and interest of the bank loan cannot be recovered.

Legal basis: Chi He: Measures of the China Banking Association for the Management of the List of Institutions Evading and Abolishing Bank Debts

Article 7 Where the debtor commits any of the following acts, it may be deemed to have evaded bank debts:

1) Harming the bank's creditor's rights by means of restructuring, reorganization, merger, division, increase or decrease of registered capital, dissolution, bankruptcy, evasion, concealment, or transfer of assets;

2) Evading funds, transferring profits, or transferring assets through abnormal related transactions, thereby harming the bank's creditor's rights;

3) Deliberately evading the supervision of creditor banks over loans by means such as opening multiple accounts or transferring accounts, making it difficult to recover the principal and interest of bank loans;

4) Deliberately concealing the true situation, providing false or unclear property rights guarantees, or maliciously refusing to go through the guarantee formalities;

5) Without the consent of the creditor bank, disposing of the collateral (pledge) of the bank's creditor's right without authorization, damaging the bank's creditor's right;

6) Concealing important matters and major financial changes that affect the repayment of bank debts on schedule, resulting in a high-risk situation for bank creditor's rights;

7) Refusal to enforce legal documents that have taken effect in the people's courts and arbitration institutions, and continuing to default on bank debts;

8) Refusing to repay debts and refusing to sign bank debt collection documents;

9) Other acts of maliciously evading bank debts.

Article 8 Where an affiliated institution commits any of the following acts, it may be found to have maliciously evaded bank debts:

1) Signing a contract with guarantees, but failing to perform the guarantee obligations stipulated in the law or the contract, and refusing to bear the guarantee liability;

2) Malicious collusion with the debtor to damage the bank's creditor's rights through restructuring, reorganization, merger, division, increase or decrease of registered capital, dissolution, bankruptcy, evasion, concealment, transfer of assets, etc.;

3) abusing the position of a shareholder or controlling the debtor to maliciously withdraw capital contributions, transfer the debtor's funds and property, and weaken the debtor's ability to repay debts;

4) Other acts of helping the debtor maliciously evade bank debts.

Legal Analysis: Reasons for Enterprises to Evade Bank Debts: 1. The loss of social credit is the main reason for enterprises to evade bank debts; 2. Local protectionism is the umbrella and catalyst for enterprises to evade bank debts; 3. Poor management of banks provides an opportunity for enterprises to evade the debts of the Bank and the Bank; Fourth, the absence of state-owned assets and the indifference to the interests of depositors are the deep-seated reasons for enterprises to evade bank debts.

Legal basis: Company Law of the People's Republic of China Article 3 The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the debts of the company with all its property.

The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares **** shall be liable to the company to the extent of the shares they subscribed for.

Acts of maliciously evading bank debts: 1. Suspension of bank debts by means of restructuring, reorganization, division, merger, leasing, bankruptcy, etc., without the consent of the creditor bank; 2. Evading funds, transferring profits and transferring assets through abnormal related party transactions, resulting in the suspension of bank creditor's rights; 3. Deliberately evading the supervision of creditor banks over loans by means of account transfer and multiple account opening, so that the principal and interest of bank loans cannot be recovered; 4. Deliberately concealing the true situation, providing false information, unclear property rights of the guarantee, or maliciously refusing to go through the guarantee procedures; 5. Without the consent of the creditor bank, disposing of the collateral (pledge) of the bank's creditor's rights without authorization, resulting in the suspension of the bank's creditor's rights (pledge); 6. Concealing important matters and major financial changes that affect the repayment of bank debts on schedule, resulting in high-risk bank creditor's rights; 7. Refusing to execute the effective legal documents of the people's courts and arbitration institutions, and continuing to default on bank debts; 8. Refusing to repay debts and refusing to sign the bank's debt collection documents; Article 313 of the Criminal Law of the People's Republic of China shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine if the judgment of the people's court is capable of being enforced but refuses to do so, and the circumstances are serious. Article 314 Concealment, transfer, alteration, pickpocketing, or intentional destruction of property that has been sealed, seized, or frozen by judicial organs, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.

Legal Analysis: Malicious evasion of bank debts: Suspension of bank claims by means of restructuring, reorganization, division, merger, leasing, bankruptcy, etc., without the consent of the creditor bank; Evasion of funds, transfer of profits and transfer of assets through abnormal related party transactions, resulting in the suspension of bank creditor's rights; He did not repay his debts and refused to sign the debt collection documents of the bank.

Legal basis: Article 176 of the Civil Code of the People's Republic of China: Civil entities are to perform civil obligations and bear civil liability in accordance with the provisions of law or as agreed by the parties.

1. If the borrower commits any of the following acts, it shall be deemed to be an act of evading financial debts:

1. Refusing to perform due debts and deliberately defaulting on the principal and interest of the bank's due loans, and the loans are overdue and the interest is in arrears for more than half a year;

2. The borrower fails to perform the borrower's obligations as stipulated by laws and regulations, refuses to accept the lender's supervision of its production, operation and financial activities after obtaining a bank loan or the loan is due, and conceals, evades or transfers assets, terminates credit exchanges with creditor banks, and deliberately evades the collection of loans and interest by providing false or concealed balance sheets, profit and loss statements and multiple account opening forms that conceal or conceal important facts;

3. The borrower violates the provisions of national laws and financial regulations, and takes the opportunity to transfer effective assets (including: the implementation of the shareholding system, the joint-stock cooperative system, merger, the change of legal entity or name, the division of small accounting units, division, reorganization, joint venture, cooperation, or transfer, leasing, bankruptcy, mergers and acquisitions, etc.) without the consent of the creditor financial institution and the implementation of debts, so that the financial creditor's rights are suspended;

4. The enterprise has effective assets in the form of bankruptcy and other forms, and the funds obtained do not repay financial debts in accordance with the law; The act of carrying out ** (transfer) of the mortgage that the lender has obtained in accordance with the law without the consent of the mortgagee, resulting in the suspension of financial debts.

2. An enterprise legal person that has an economic relationship with the borrower, i.e., a related debtor, will also be deemed to have evaded financial debts if he commits one of the following acts:

1. Providing guarantee for the borrower's loans to various banks, but failing to perform the obligations of the guarantor as prescribed by law, and refusing to bear the joint and several liability for debt repayment;

2. The borrower only undertakes the effective assets of the original borrower and does not undertake the financial debts of the original borrower in accordance with national laws and regulations, and refuses to perform the debt repayment obligation in the newly established and operated enterprise in various forms;

3. The related debtor refuses to perform the corresponding debts that should be assumed, or fails to repay the debts for a long time despite promising to bear the corresponding debts, refuses the lender to preserve the creditor's rights in accordance with the law, and refuses to provide effective guarantees for the debts it should bear.

Risk Warning: If any of the above behaviors occur in the process of dealing with banks, the Banking Association will notify the enterprise to rectify it until finally the joint Wuchang sanction and force it to repay the principal and interest of the bank loan. Enterprises should continuously improve their awareness of preventing financial risks, and when handling loans, they should operate in accordance with the provisions of laws and regulations such as the "Commercial Bank Law" and the "General Principles of Loans", and complete the mortgage and pledge procedures.