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1995年国家相继出台了《商业银行法》、《担保法》、《贷款通则》,有利于企业改革,有利于维护金融债权。实践中,企业在改组、改制时,肆意搁置、悬空银行贷款,逃废银行债务的现象时有发生,使银行债权难以落实,严重侵害了银行的利益。其主要表现为: 企业借转制悬空银行贷款。一些企业采取分离优良资产,通过合资、联营、租赁、股份制改造等形式组建新的法人实体,将原债务挂在老企业,悬空银行贷款。如某大型国有纺织企业将国有资
In 1995, the state successively promulgated the Commercial Bank Law, the Guarantee Law and the General Rules on Loans, which are conducive to the reform of enterprises and are conducive to the maintenance of financial claims. In practice, during the reorganization and restructuring of enterprises, the phenomenon of wantonly shelving and vacating bank loans and escaping bank debts has occurred from time to time, making it difficult for banks to carry out their claims and seriously infringing the interests of banks. Its main manifestations are: corporate borrowing suspended bank loans. Some enterprises adopt the method of separating excellent assets, forming new legal entities through joint ventures, joint ventures, leasing, joint-stock reform and other forms, hanging the original debts in old enterprises and suspending bank loans. Such as a large state-owned textile enterprises will be state-owned capital