On The Legal Controlled Of Defective Contributon Of Shareholders

The shareholder's contribution is the start and sill Constitution of the company's property, is the bases of company operating and earning, composing the company's started reputation of undertaking the liabilities, and the shareholder's contribution is also the essential condition of the company's personality. Therefore, urging the shareholder to implement the contribution duty actively, strengthening the legal controlled of defects of contribution of shareholders, to keep the balance of efficiency and safety value included in the company is the important mission of the law.The legal controlled of defective contribution of shareholders,in other words, the attitude of law towards defects of contribution of shareholders , mainly include two aspects: First, while the shareholder's contribution was defective, whether admit the company's personality? Second, what kinds of civil liabilities should the defective contribution shareholder undertake? So, this article discusses on the questions above.While the company established illegally, whether admit the company's personality? There are two attitudes , concretely include "Concluded certification rules", doctrine of denying the illegally established company's personality in court and of denying the illegally established company's personality by administrated government. Based on analyzing compared, the"Concluded certification rules" accord with the inherent need of the enterprise maintain faith cherished by modern commerce law and of the conducted trust created by commerce law, is propitious to keep the safety of commerce trade and keep the stabilization of economic order, and also can explode people's desire to establish company, reduce social cost. So ,This article accept the"Concluded certification rules", and then, discusses the civil liabilities of the defective contribution shareholder.About the civil liabilities of the defective contribution shareholder, the regulation of our nation's current law isn't perfect, is short of necessary overawed effect. The defective contribution shareholder's civil liabilities includes the civil liabilities to the company, to other shareholders and to the creditor of company, so this article discusses on these three aspects and mainly discusses the defective contribution shareholder's civil liabilities to the creditor of company. In my opinion, if the shareholder had defective contribution, the law should abolish the limited liability of the defective contribution shareholder, forbid the defective contribution shareholder's protection on the limited liability , and the defective contribution shareholder should be charged with the complementary liabilities to the creditor of company. What's more, this article discusses cursorily about how the defective contribution shareholder undertake the civil liabilities to the creditor of company.