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Whether the creditor's rights and debts of the parent company need to be borne by the subsidiary

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Whether the creditor's rights and debts of the parent company need to be borne by the subsidiary


        

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  • 2024-06-05 06:01:41

    The creditor's rights and debts of the parent company shall not be borne by the subsidiary. Because the subsidiary company and the parent company are two completely independent civil subjects, both have independent legal personality, and both can independently bear civil liability, and are not responsible for each other's civil legal acts. Therefore, the parent company's debt subsidiaries are not obligated to assume.

    However, if the existing assets of the parent company are not enough to pay off the debts, the creditors of the parent company can preserve and enforce the parent company's equity in the subsidiary.

    [Legal Basis]

    In Article 14 of the Company Law, a company may set up branches. To establish a branch, an application for registration shall be filed with the company registration authority and a business license shall be obtained. A branch does not have the status of a legal person, and its civil liability shall be borne by the company. The Company may establish subsidiaries, which have the status of legal persons and independently bear civil liabilities according to law.

    Sex***

    2024-06-05 06:01:41

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