The Research On The Theory And Practice Of Shares-Right Contribution

Shares-right is a valuable and important property right. As a significant capitalization method, the contribution of shares-right plays an un-replaceable role in the capital market. This article comprehensively and systematically discusses the legal issues concerning shares-right contribution. The body of the article has four parts, the main issues that each part try to resolve are as the following:Part one, "The basic theory issues on the contribution of shares-right". In this part, the article deeply analyses the traits, the nature and the practical significances of shares-right contribution, then distinguishes the relationship between shares-right contribution and relative company systems. The article points out that the term, shares-right contribution, which the company scholars usually use, is not scientific. In fact, the nature of shares-right contribution is contributing the object of shares-right. The article further points out that, the object of shares-right is company shares which is an abstract property, a special material exists in the form of value. Meanwhile, the author thinks that shares-right contribution can maximize the investor's profit, expand the company scale, and enhance the company competition power. In our country, it is the most important way which the state-owned enterprises carry out the policy of joint-stock system reformation.Part two, "On the qualification of shares-right contribution". In this part, the article proves the rationality and validity of shares-right contribution. The author argues that the capital is not the only thing which decides the company credit, on the contrary, the assets, especially the net assets, is the dependable credit foundation. The people who the capitalization system mainly influences are the investors, so we should reconstruct the qualification standards of capitalization: the first one is the investors' agreement, the second one is complying with the restrictive rules and prohibitive rules of laws and administrative regulations. The shareholder can transfer his shares-right to others, which is the theory foundation of shares-right contribution. Shares-right...