A Study On The Legal Issues Of Equity Contribution

With the promulgation of the new "Company Law", the debate about equity contribution has settled. As the main form of the wealth in modern society, if equity is not allowed to share, It means that many social wealth can't transform into capital. This is a waste of social resources. Practice has proved that equity contribution can reduce the establishment costs of company. Stimulating the enthusiasm of investors and enhancing competitiveness. However, due to the volatility of equity value, it's a threat to the security of company's capital and creditors' interests. Based on this, in this paper, conducted a more comprehensive discussion on the legal issues equity contribution involved. The paper is divided into four parts, each part of the main contents are as follows:Chapter 1 discusses about the basic theory of equity contribution. First of all, to define the concept of equity investment and the nature and analysis the characteristics of equity contribution; Then, making a brief analysis of the property nature of equity , this feature provides rationality to equity contribution. On account of equity capital belong to the scope of object contribution, using the academic theory about the requirements of subjects, making a analysis on equity contribution and considering equity contribution can be funded as eligible subject matter. Finally, analysis the company's equity capital funding regime.Chapter 2 studies on the legislation and practice of equity contribution. First of all, introduct the relevant legislation of foreign country, giving inspiration to country's legislation. Then, discussed our country's equity legislation and practice in detail, particularly concerned about the innovation of "Administration Regulation on the Registration of Equity Contribution ".Chapter 3 centers on improving the legal regulation on equity contribution. Raising the specific measures on the inherent shortcomings and omission of existing legislation and regulations. Discussed mainly on following aspects; improving assessment system, Setting up the disclosure system of equity contributions, strengthen equity investors' obligations and responsibilities and improving the regulation of cross-shareholding. Chapter 4 discusses about the form and effectiveness of defective equity is which covers non-performed or partly-performed capital contribution, defectively transferred equity contribution, contribution by priority in doubt, and the contribution of pledged equity, and force effect of the accepting party is confirmed, and relevant methods are put forward as well.