What are the company's own properties?
The main company's own properties Including:
1. The fixed assets and current assets of the enterprise.
This part of the assets refers to all existing fixed assets and current assets of the enterprise, including registered capital and profits, mainly including the amount raised by the enterprise's issuance of stocks or bonds. funds or fixed assets formed therefrom, etc.
2. The use rights of land, water flows, minerals and other natural resources enjoyed by bankrupt enterprises.
Including land use rights, water surface use rights, and mining rights.
3. Property with security interests or priorities.
Specifically include mortgages, liens, and pledged items; insurance, compensation, compensation and other substitutes generated after the loss of the collateral, as well as legal provisions. Property to which priority exists.
What are the property rights of the debtor’s enterprise?
The debtor's property includes all property rights enjoyed by the debtor's enterprise. This kind of property rights mainly includes the following aspects:
1. Real rights that should be exercised by the debtor enterprise
Real rights are the rights of the obligee to directly control the thing. They are exclusive and are typical property rights. They mainly include ownership, management rights, use rights, mining rights, possession rights, mortgage rights, liens, mortgage rights, etc. . The property claims against others arising from these property rights will certainly constitute the debtor's property.
2. Claims that should be exercised by the debtor enterprise
Credits include claims arising from contracts, claims for damages arising from torts, and unjust enrichment The right to request for return, the right to request for the return of management fees without cause, etc. The debtor's enterprise's claims against others obtained in accordance with the law are a positive property interest and should be the debtor's property.
3. Securities rights that should be exercised by the debtor enterprise
Before the bankruptcy declaration, the debtor enterprise obtained bills, Bonds, stocks and other marketable securities, as the property rights represented by the securities enjoyed by the above-mentioned security holders, constitute the property of the debtor.
4. The debtor enterprise shall All intellectual property rights
Intellectual property rights are a kind of intellectual achievement, which generally include industrial property rights and copyright. Intellectual property rights mainly refer to the industrial property rights of the debtor enterprise. Rights, that is, rights to patents, trademarks and other scientific and technological achievements or proprietary technologies.
5. The debtor's right to request shareholder capital contribution
p>When a legal person is declared bankrupt, regardless of whether the capital contribution period of its members or shareholders has expired, any member or shareholder of the legal person who has promised to pay the capital contribution will not be fully liable to If the debtor enterprise pays the capital contribution in full, it shall pay it; the debtor enterprise also has the right to request the capital contribution.
6. Other property rights
Any other property rights other than the above that are enjoyed by the debtor enterprise that can be measured by property value and can be realized into monetary benefits, such as proprietary technology and trade names enjoyed by the debtor enterprise etc., should also be included in the property of the debtor. If the debtor obtains the right of subrogation in accordance with the provisions of the law, the claims based on the right of subrogation also belong to the property of the debtor.The above are some relevant points on the property rights of debtor companies compiled by the editor of Legal Savior. I hope it can be helpful to everyone.
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