Funded Liability Of The Shareholders Of Defects

Stockholders of the foundation is established, If the shareholder pays the defects are not only affected the company's capital adequacy principles on the company's overall operations and the socialist market economy are negatively affected. The first part of the shareholders were conceptual flaws of the analysis, Flaw is pointed out that the capital investment made or the shareholders of non-compliance with the law, constitution or investor money stipulated in the agreement or non-monetary contribution, including the false investment, capital flight, not full funding, delayed investment, financing and other manifestations of inadequate performance. Then the responsibility of the shareholders bear the flaws of the value of that investment for shareholders to conduct regulation is a flawed company, the interests of other shareholders and creditors protection, That shareholder value is based on the principle of equality, fairness and the interests of the controversial concept of equilibrium theory; Part II deals with the effect of shareholder capital contribution flaw behavior, can get around the flaws of the shareholders eligible shareholders and shareholder rights, pointed out that although the Stockholders of the defects, but its shareholders have been legally enshrined in the roster, and through legal registration, the shareholders should be entitled to the rights of shareholders. However, the defects of their investment, so that the rights of shareholders, the shareholders there are flaws, to protect the company, other shareholders and the interests of creditors; The third part of the shareholder relief legislation funded the development of defects pointed out some of the countries on the contribution of foreign relief defects, including the substantive and procedural remedies for relief. My responsibility will be divided into flaws of civil liability, administrative liability and criminal liability; distinguish flaws of the shareholders of the company's responsibility, according to the company's other shareholders to fulfill the responsibility of funding obligations and responsibilities of the relevant creditors, and capital verification, assessment agencies and the directors, supervisors, senior management staff of the flaws of the legal responsibility; Article IV In view of the current law defected to the funding problems of inadequate regulation put forward some ideas, first points out the flaws of the current accountability system is still not perfect, flaws of the shareholders of the company, other shareholders and creditors of the responsibility for problems and the allocation of the burden of proof exists the problem of irrational, administrative responsibility, criminal Bizhong more obvious than civil liability, that our country should be substantial and procedural aspects of foreign countries, the legislative reference cases, establish and improve China's investment defect liability system, Including the expansion of shareholder capital contribution flaw extension, clear flaws of the company, other shareholders and creditors of the responsibility, And flaws of the shareholders and creditors, the burden of proof be reversed, in the administrative liability, criminal and civil liability for civil coexistence prevail, tenor of the legislation in line with company law,; Procedures should improve the flaws of accountability, including the right to require a company to pursue funding to provide for penalties and interest on deposit penalties, loss of the right procedures provided.