Gazette Case: ICBC Shandong Branch v. Xincheng Company et al.
Where an enterprise forms a new company by transferring part of its assets and offsetting an equivalent amount of debt, and no longer holds corresponding shares in the transferred assets, a creditor whose claim was not included in the transfer arrangement may still proceed against the original enterprise and require the new company to bear joint liability within the scope of the predecessor assets it actually received.
Holding
Where an enterprise forms a new company by transferring part of its assets and offsetting an equivalent amount of debt, and no longer holds corresponding shares in the transferred assets, a creditor whose claim was not included in the transfer arrangement may still proceed against the original enterprise and require the new company to bear joint liability within the scope of the predecessor assets it actually received.