Study On Legal Problem Of The Defects In Shareholders' Investment Object

Aiming at the defects of old corporation law, new corporation law has increased the range of investment object, has specified the conditions for non-currency property acting as shareholder's investment on the basis of enumerating parts of legal investment objects, and the non-currency property conform to these conditions may act as shareholder's investment objects. The writer divided the non-currency property permitted by current corporation law into real rights, creditor's rights, intangible property rights, stock rights, etc. The defects exist in these investment objects may influence the facility and integrity of the corporation property.The defects of the investment objects studied by this paper is referred to which the shareholder acting as investment objects exist the defects on amount, delivery, quality, or right, including law defect and natural defect. If the investment amount and delivery do not meet the requirements of investment agreement and corporation constitution, do not meet the constitution promise or national quality standard, have not the relevant function and availability, or the delivered object has the legal rights of the third party, will influence the possession, use and punishment of the corporation to the object, the sufficiency and sustainment of corporation capital will be influenced by these defects. The above defects will make the corporation fail to obtain the expected economic profit, make the general guarantee for corporation creditor to realize the creditor's right lose the barrier, make the corporation trust shake. This paper is studying the defects of shareholder's investment object from four parts using the induction and deduction based on the above consideration.Chapter one The description of corporation capital and investment object. Firstly, this paper briefly introduced the meanings and the legal characteristic of corporation capital, the legal requisite of the investment object, the reason for categories of investment object restriction. After examining the specification for the category of corporation law on the shareholder investment object of every country, this paper indicated that currency, real rights, creditor's rights, intangible property rights, stock rights will become the investment objects permitted by current national corporation law. Secondly, this paper depicted the concept of the defect of the investment object and the influence it may cause.Chapter two The analysis of the main defect of the investment objects.Thispaper analyzed, concluded and summarized the defects on amount, delivery, quality or rights of investment of currency, real rights, creditor's rights, intangible property rights, stock rights respectively. The paper brought forward the writer's attitude on how to deal with the defects of investment.Chapter three The analysis on the liability of defect existing in shareholder's investment. Firstly the paper analyzed on the liability the shareholder with defect investment object should bear to the shareholders, the corporation and creditors with already adequate amount investment. Secondly, the paper analyzed the capital supplement liability that the shareholders who have already implemented the investment obligation should bear.Chapter Four The legislation perfection on the investment liability in new national Corporation Law .This paper brought forward the writer's opinion on the legislation improvement for the investment liability of the shareholders who have violated the investment obligation and for related liability of other parties.