The Question Of Shareholder Invests System And The Countermeasure Research After The Company Law Revises

The company capital is the basic essential factor, which the modern company constitutes, the company capital enrichment or not directly is affecting company's production management as well as the shareholder and the creditor benefit realization. The shareholder investment is the prerequisite, which the company capital enriches. The shareholder invests not only is a pure capital enrichment behavior, its also performance is an entire set has the foreword connected investment system, including the investment form, the lowest capital volume, the capital pays three aspects the contents. This to legislate fairly to the company, the efficiency value orientation esteem, and the fledgling firm law invested the system content to the shareholder to make the innovation stipulation.The investment system transformation reduced the threshold, which the company sets up, the enormous reassignment investor's enthusiasm, has been advantageous to the capital nimble utilization, and thus prepares people's esteem. However any system all has two-sided, in the fledgling firm law the nimble convenient investment system sets up for the shareholder investment and the company opens the flood gates, also causes the shareholder to invest the question which system oneself has to enlarge, lures the shareholder to use the nimble investment system to violate the investment duty even seeks does not work as the benefit, then harm company, other shareholders and creditor's legitimate rights and interests.Because was new "Company Law" to relax shareholder's investment form, has the non- visible property which the property value and was allowed legally to transfer all to be allowed to become the object which the shareholder invested. But the non visible property investment, its value determination and the appraisal often cannot obtain real and the fair reflection, the stockholder's rights value the multiple factor influence, its investment question is been specially more complex; pays the system the execution to cause the shareholder by stages the reality to give the capital power to expand, right between shareholder's possibly can have the conflict in the investment deadline; The lowest capital volume reduces in the very great degree to become the abnormal mother and child company the catalyst.In view of the stockholder's rights investment question, this article thought must take the stockholder's rights value determination and the appraisal as the core hypothesis correlation safeguard mechanism, guarantees the stockholder's rights to be fair, the legitimate transfer. In view of pays by stages really gives the capital power expansion initiation the shareholder right conflict phenomenon, this article thought must remove, the accumulation voting by ballot system, the shareholder by the right to vote interpellators the power these abolishment, the shareholder right quantification new standard and so on takes the relief system. Reduces in view of the lowest capital amount induces the abnormal mother and child company question, this article to think must carry on the consummation to our country mother and child company personality denial system to strengthen to the creditor benefit protection.