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Reform Of Company's Capital System In The View Of Credit

Posted on:2008-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:L YangFull Text:PDF
GTID:2166360215980510Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The company credit is the foundation of the market economy. It is of great practical significance to preserve the company credit. As the theory of company credit progresses, the jurist's acquaintanceship about the company credit's foundation has change also. Under the circumstance that the idea of"the company credit's foundation is the registered capital"has been widely doubted, the idea of that"the company credit's foundation is the corporate assets"become the main trend. But the limitation of the corporate assets results in the one-sidedness of the idea that the company credit's foundation is corporate assets. Capital credit in broad sense is based on the capital and the circulation of the capital. It embraces the registered capital and the corporate assets. It has more representativeness to make it as our nation's company credit's foundation.The company credit system is the arrangement about the formation, the preservation and the clearance of the capital. It has a close connection with company credit. The capital system is a useful tool to preserve the company credit. In the other hand , the situation of company credit reflects the effectiveness of the capital system. Our nation's company law hold the opinion of rigorous statutory capital system in the past, after the company law's revision it still hold the view of registered capital under the pattern of statutory capital system. This capital system could not preserve the company credit efficiently as the foundation of the company credit changed. So, the innovation about the company capital system is necessary. The main purpose of the innovation is change"the registered capital"to the"capital credit in broad sense".After the analyses of the three capital pattern in the aspect of credit preservation, the absence of company credit and the problems that the capital system cope with, we should choose the compromising authorized capital system as the direction of our nation's innovation. The key point of our nation's compromising authorized capital system's construction is to find out the balance-point of the shareholder's interests and the creditor's interests. Build a competitive capital market with the efficiency preservation of company credit. Then establish the correlation capital system to enhance the compromising authorized capital system's credit-preservation function with the aim at the disfigurement of the capital system.
Keywords/Search Tags:company capital, company credit, company capital system, compromising authorized capital system
PDF Full Text Request
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