Study On Expanding The Forms Of Capital Contribution Of The Shareholders

The company is playing a very important role in social life as the most active economy of modern society. The company law is the programmatic document that the company sets up and develops, and very important in the legal systems of a lot of countries. The Capital Formation System is an important part in the system of establishing a company. It determines whether a company system is mature or not,reasonable or not. And the shareholder provides funds, have extraordinary meanings.The current company law of our country has stipulated the shareholder's legal investment form clearly in a manner to enumerate and summarize, stipulate shareholder can can appraise with currency, material object, intellectual property right, right to use the land,etc. with currency and non- monetary property that may be transferred in accordance with the law fix a price for, provide funds of. This kind of regulation complies with the needing of economic development of market in our country, has fully respected the party's party autonomy, it is free to give the contributor greater investment. In current company legal practice, because it is popular in our corporate theoretical positions that "modern company is a capital credit business",created the concept of capital credit,induced directly to establish a statutory system of capital funding on the basis of system,seriously hindered the establishment of the company's freedom,excluded labor, goodwill, credit and other forms as company's shareholders contribution forms. This kind of method is opposite to encourage making the investment, promote the company to set up convenient international legislative trend. Review other developed country relevant company law in the world,the Civil Law countries limit strictly to labor service, credit,etc., but Common Law countries represented by America stipulates relatively flexible a little to investment, including can provide funds of with ways such as creditor's rights, goodwill, labor service, credit,etc. So, it is necessary for our country to use the advanced legislative experience of countries all over the world for reference, set up science and complete shareholder's investment system. Basic thinking and direction of the capital system reform of our country should be from capital credit to property credit, legislate unnecessary to provide funds subject matter make mechanical, limited regulation.The Company Law should relax the restriction on investment way in our country, allow shareholders make creditor's rights, labor service, credit, goodwill, natural person's name, franchises, etc. as the right investment, fully arouse the enthusiasm of investor, give play to the social value of the intangible assets, further promote the development of social economy, accelerate the circulation of the social capital.Investment forms such as labor service, credit, goodwill, natural person's name, franchises, have its own inherent investment defects, such as lacking the transferring independently, not having goods of the universal equivalent and value of the realistic property, and random and uncertainty assessed, but it is can't ignore its attribute of property, and the enormous economic benefits that can produce.They have determinacy, existing, assessing, transferring independently. In addition,we should establish a series of legislation to overcome these shortcomings, refine operating procedures, and strengthen inspection and supervision of the shareholders contribution, improve open information system,build statutory assessment and verification system of shareholders contribution, improve liability for breach of contract and capital adequacy,enrich legislation rule of capital inheritance and establishment,strengthen the civil liability of rating agencies, ensure the capital adequacy and transaction security, and then promote the company's economic.