商业银行接管企业若干问题探讨

An Inquiry into Several Problems When Commercial Banks Take Over Enterprises

企业并购、拍卖、破产是市场经济中的正常现象,债权银行可以通过合法途径对借款企业实施接管。商业银行按照一定的运作模式和步骤去接管企业是可行的。但同时,应注意把握好几个问题:必须成立中介性接管公司;选择接管企业应“有所为,有所不为”;处理好接管人和最大债权人两者之间的关系;企业债权债务不因接管而变化;找准接管企业的切入点。

Enterprises merger,auction and bankruptcy usually inevitably occur in market economy.Creditor banks can take over borrower enterprises by means of legal ways.It is feasible for commercial banks to take over enterprises according to certain operation patterns and steps.Meanwhile,some problems should be put a high premium: setting up intermediary take-over company; 'Something should be done,while something shouldn't' in choosing enterprises which are to be taken over; correctly handling the relationship between over-taker and the largest creditor; the creditor's claims and debts of enterprises should not be changed due to take-over; finding the best point to fulfill take-over