Is it necessary to notify all creditors of the merger by absorption?

Yes, it is necessary to notify, and if you don't know, you can announce the notice (post).

The announcement of the merger generally only needs to be published for one day.

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The company's absorption of the merger's creditor's rights and debts shall be borne by the surviving company or the newly established company after the merger.

The difference between a new merger and a merger by absorption and a merger of holdings.

1. Different ways of merging:

A new merger refers to the merger of two or more companies to form a new company, and all the original companies involved in the merger are eliminated.

Merger by absorption refers to the merger of two or more enterprises into one enterprise.

A holding merger refers to the acquisition or acquisition of voting shares by one enterprise and the proportion of shares that can control the financial and operational policies of the merged enterprise.

2. Whether or not to retain legal personality is different

Through the merger of holdings, the original companies retain their legal personality.

However, through merger by absorption and merger, only one legal personality is retained.

3. The main forms of merger are different:

The main forms of merger by absorption are: the parent company acts as the subject of the merger by absorption and becomes the surviving company, and the listed company is deregistered; The listed company becomes the surviving company as the subject of the merger by absorption, and the group company is deregistered; Mergers and acquisitions between unlisted companies.

There is only one form of holding merger, that is, a form of merger in which an enterprise acquires the shares of other enterprises or exchanges the shares of the other party to achieve control over other enterprises.

How to deal with the business of the original enterprise after the merger.

Company merger: It is a form of corporate merger, that is, a company merger, in which a company entity accepts one or more companies to join the company, and the joining party dissolves and cancels the original legal personality, and the accepting party survives. Different from the merger of a new company, a new merger of a company is the merger of a company with one or more companies to form a new company, and the parties to the original merger are dissolved and the original legal personality is cancelled.

How do you merge two companies?

A company may merge in one of the following two ways by entering into a merger agreement:

1. Absorption and merger. That is, a company absorbs other companies for absorption and merger, and the absorbed company is dissolved.

2. Newly established and merged Zhongzhengsheng. That is, two or more companies merge to establish a new company for the new merger, and the parties to the merger are dissolved.

Specifically, the following procedures are followed:

1. The board of directors formulates a merger plan.

2. Sign the company merger agreement.

3. Prepare balance sheet and property list.

4. Formation of merger resolutions.

5. Notice and announcement to creditors.

6. Consolidated registration. Merger registration is divided into dissolution registration and change registration.

After the merger of the company, the dissolved company shall go through the cancellation registration procedures with the industrial and commercial registration authority; The surviving company shall go through the formalities of changing the registration with the registration authority; A newly established company shall go through the formalities of establishment and registration with the registration authority.

Article 174 of the Company Law stipulates that when a company merges, the creditor's rights and debts of the parties to the merger shall be inherited by the surviving company or the newly established company after the merger.

1. After the enterprise absorbs and merges, the debts of the merged enterprise shall be borne by the merging party. 2. After the merger of the newly established enterprise, the debts of the merged enterprise shall be borne by the newly established and merged enterprise legal person. 3. After an enterprise is merged by absorption or newly established, if the merged enterprise should go through the process but has not gone through the industrial and commercial deregistration, and the creditor sues the merged enterprise, the people's court shall, according to the specific circumstances of the enterprise after the merger, inform the creditor of the additional responsible entity and order the responsible entity to bear civil liability.

1. The difference between equity mergers and acquisitions and equity acquisitions.

1) Acquisition refers to the acquisition of all or part of the equity of other enterprises by an enterprise through purchase and exchange. Acquisition refers to the transaction behavior of one enterprise to purchase the assets, **, etc. of another enterprise, so as to occupy a controlling position. According to the target of the acquisition, it can be further divided into capital acquisition and share acquisition.

2) M&A: M&A refers to the general term of various forms of property rights transactions in which the controlling stake of the target company is transferred, and the main forms include mergers, mergers, acquisitions, etc. Mergers and acquisitions are short for mergers and acquisitions.

A merger generally refers to the merger of two or more companies to form a new business. The rights and obligations of the original company are assumed by the new cave code company. Depending on whether the new company is new or not, mergers usually take two forms:

Merger by absorption and merger by new establishment.

3) Merger refers to the reorganization of two or more companies through statutory means, and the original company no longer retains its legal personality.

4) Merger refers to the reorganization of two or more companies through statutory means, and only the merging party continues to retain its legal personality.

The main difference between a merger and an acquisition is that a merger is a merger between businesses, whereas an acquisition merely takes control of the other party. Since in practice, it is often difficult to strictly distinguish between mergers and acquisitions, so it is customary to use the two together, referred to as mergers and acquisitions. Na.

2. The difference between mergers and acquisitions.

The difference between mergers and acquisitions: 1. Acquisition refers to the acquisition of all or part of the equity of other enterprises by an enterprise through purchase and exchange. Acquisition refers to the transaction behavior of one enterprise to purchase the assets, **, etc. of another enterprise, so as to occupy a controlling position.

According to the subject matter of the acquisition, it can be further divided into asset acquisition and share acquisition. 2. Mergers and acquisitions. M&A refers to various forms of property rights transactions in which the controlling stake of the target company is transferred, including mergers, mergers, acquisitions, etc.

Mergers and acquisitions are short for mergers and acquisitions. A merger is generally a merger of two or more companies to form a new business. The rights and obligations of the original company are assumed by the new company.

Depending on whether the new company is newly established or not, there are usually two forms of merger: merger by absorption and merger by new establishment.

Article 174 of the Company Law of the People's Republic of China provides that when a company merges, the creditor's rights and debts of the parties to the merger shall be inherited by the surviving and continuing company or the newly established company after the merger.

Legal basis: Article 174 of the Company Law of the People's Republic of China When a company merges, the creditor's rights and debts of the parties to the merger shall be inherited by the public company or the newly established company that survives after the merger.

The company absorbs and clears the creditor's rights and debts after the merger, and the surviving company after the merger shall bear the responsibility. Company absorption merger refers to the absorption of one company by other companies, and the absorbed company is dissolved and deregistered. If the company absorbs the merger, the surviving company after the merger shall inherit the creditor's rights and debts of the parties to the merger.

Article 172 of the Company Law of the People's Republic of China provides that a merger of companies may be merged by absorption or by new merger. The absorption of another company by one company is a merger by absorption, and the absorbed company is dissolved. The merger of two or more companies to create a new company is a new merger, and the parties to the merger are dissolved.

Article 173:In the case of a merger, the parties to the merger shall sign a merger agreement and prepare a balance sheet and a list of assets. The company shall notify the creditors within 10 days from the date of making the merger resolution and make an announcement in the newspaper within 30 days. Within 30 days from the date of receipt of the notice, and within 45 days from the date of announcement if the creditor does not receive the notice, it may request the company to pay off the debts or provide corresponding guarantees.

Article 174:When a company merges, the creditor's rights and debts of the parties to the merger shall be inherited by the company or the newly established company that survives the merger.