1、 The difference between the performance of a third person and the assignment of a creditor's right What are the differences between the assignment of a creditor's right and the performance of a third person? The debtor forms an entrustment relationship with the third person designated by the creditor. When the debtor fails to perform or improperly performs, the creditor instead of the third person will investigate the debtor's liability for breach of contract. When the third person defaults, the third person will bear civil liability instead of the creditor. Assignment of creditor's rights: refers to the transfer of creditor's rights to a third person by signing a contract with a third person without changing the contents of the contract. 2、 Is debt equity swap operational? The exploration of debt equity swap has not stopped before the promulgation of the new Company Law. Especially in the process of state-owned or collective enterprise restructuring, debt equity swap has played a very important role. The realization of debt to equity swap is of practical significance for optimizing the asset structure of enterprises, reducing the asset liability ratio, promoting the transformation of business mechanism and promoting the development of enterprises. For example, a construction and installation engineering company (hereinafter referred to as the "construction company") purchased the building materials worth 100000 yuan from a construction materials company (hereinafter referred to as the "building materials company"). The construction company was delayed in paying for goods due to the tense situation of funds. After negotiation, both parties agreed to convert the 100000 yuan creditor's rights of the building materials company into the 100000 yuan equity of the building materials company. In this case, the building materials company obtained the equity of the construction company through the debt to equity swap, which realized its own interests as a creditor compared with the delayed collection of the debt; The construction company reduced its debt through the debt to equity swap, which is conducive to revitalizing capital and expanding business scale. In the case of debt to equity swap, as long as the resolution of the shareholders' meeting of the company is unanimously passed and the creditors of the company agree, both parties reach an agreement, the creditors of the company can convert their creditor's rights to the company into equity of the company. Of course, it is invalid if the company colludes with creditors to infringe the interests of the third party, the state and the social collective.
