To Probe the Effect on Enterprise''s Debt under Insolvency Regime

• Main Authors: Han-Tien Lin, 林涵天
• Other Authors: Yi-Nan Lin
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/52105495925001821979

碩士 === 淡江大學 === 國際貿易學系國際企業學碩士在職專班 === 97 === With the improvement of transportation and telecommunication, enterprises have been in pursuit of lowering costs and wages. The convenience of Internet and the diversification of financial products have made the funding of the enterprises much easier. However, such phenomena resulted in over-expansion of credit, unusual growth of enterprise size, and riskier financial leverage, which altogether has caused the occurrence of twice financial tsunamis in the past ten years. Therefore, it has become urgent for governments to make policies of how to solve the debt of weakening enterprises and restructuring the companies. There are two stratagems to solve financial crisis, one is financial strategy, and the other is to regulate through legislation. This thesis will focus on the latter stratagem. Currently in our country, there are several ways available to initiate company reorganization process: company reorganization process and company special liquidation process regulated in Company Act, and the settlement process and bankruptcy process in Bankruptcy Act. In recently years, after the cooperation with the Ministry of Economic Affairs, the Judicial Yuan has proposed a draft of Insolvency Act, in the hope that a new debt organization act will enable the enterprises to solve their financial crisis more easily and effectively, as well as to unify all of the insolvency regime process into a single system. After the announcement of Insolvency Act Draft, the comparison of the new process and the present one has been made. The breakthrough design and the legalization of common practices have ignited feedback from business and financial industry. This thesis aims to make a thorough analysis of the effect of the new system on enterprise debt organization by means of analyzing the reasons behind enterprise financial crises and comparing the new with the present system. On the other hand, it will locate the suitable debt organization regime for which kind of financial crises that enterprises might come through. Last but not least, this thesis will conclude the advantages of the new system, and will analyze the possible issues the new system might encounter.