The Research About Legal Issues Of The Flawed Equity Transfer

The premise of the achievement of the equity transfer is to gain the equity by the way of investing in the target company. The new Company Law, implemented in 2006, allows the shareholder to hand in his investment by stages, and encourages the diversity of non-monetary contribution, which is conducive to promote the healthy development of the economy. But at present, the credit system construction of the whole society is lagging behind relatively, which objectively increased the risk of flaws of the shareholder's contribution of capital. Flaws of the contribution of capital lead to the existence of flaws of the equity. During the process of the transfer of the equity, the problems of the flawed equity emerge in endlessly. This condition seriously impacts the stability and harmony of our society and economy.The implement of on Several Issues (c)> fills in some gaps in the past commercial law, but does not make a clear identification on the effect of the flawed equity contract. And it is also in need of the improvement of the related accountability after the transfer of the flawed equity.Through the organization and the system analysis of the theory viewpoint and the practice methods, the penman considers the social and economic order, the economic security of transactions, the economic transaction efficiency, the social equity and justice and other legal value targets. And also combined with the penman uses the inductive analysis and deductive reasoning method, and empirical research methods to put forward some views of his own, and looks forward to provide useful help for the solution to these problems.This paper is divided into three parts:introduction, body, and conclusion.Introduction outlines the purpose and significance of the writing of this article, makes some explanation on the existed limitations of the scope of the study, and points out the main content of this article.The first part of the body makes a theoretical analysis on the flawed equity. And then,the classification of the common flawed equity of capital contribution are summarized.The second part analyses the due restrictions on the flawed equity of capital contribution. The third part makes a study on the effectiveness of the flawed equity of capital contribution contract. Firstly, it lists the different doctrines on the effectiveness of the contract of the flawed equity of capital contribution in theory and judicial practice. Then, on the basis of the adoption of the doctrine of the revocability, the author put forward certain amendments of the doctrine above in order to meet the requirements of the theory and practice better.The fourth part analyses the definition of the related corresponding accountability after the transfer of the flawed equity. The penman give some advice on .The conclusion reviews and summarizes the full text.