On The Shareholders' Rights Of The Defects

The company’s capital system determines the fate of a company plays a vital rolein the legal system of the Companies Act. The promotion of the values in order tobenefit the premise of "Company Law" after several revisions, breaking the traditionalstatutory capital system, set up a system of payment in installments in the "CompanyLaw", that is, paid-in capital contribution below recognized paid funded subsequentshareholders to be filled within the statutory deadline. The one hand, the system ofpayment in installments can increase investors’ enthusiasm for investment, promotethe prosperity of the market economy and the healthy development of the wholesocio-economic; On the other hand, the system of payment in installments objectiveto increase the risk of defects funded. In real life, a large number of shareholdersflaws funded phenomenon exists, and caused a lot of disputes, which not onlydamages the full amount invested and the interests of the creditors, but also disruptedthe normal order of market economy has brought a negative impact to the integrity ofthe market system. Introduction of new "Supreme People’s Court on the applicationof the People’s Republic of China Company Law Provisions on Several Issues (c) thethe" flaw shareholder to make the provisions of the limitations of power, but the lackof a clear specific provision. Shareholder qualification paper will flaw shareholderidentified as the logical starting point to explore defect investor whether they have thequalification of shareholders as well as which shareholders’ rights should be given,and then put forward to improve our the flaw shareholder rights proposals.This article centimeter four chapters, chapters basically as follows:The first chapter flaws funded concept definition to explicitly discussed flaws extentfunded by funded flaws Defective Contributed broad and narrow sense, can bettersolve the shareholders the right to limit flaw shareholder.The second chapter analyzes the manifestations funded by shareholders flaws insightinto the root causes of the flaw shareholder through its performance in the form of aclear and classificationThird chapter focuses on the defects funded shareholder qualification, the relationshipof the contribution, and the shareholders eligible shareholders qualifications necessaryconditions, as well as discussion of current laws and regulations, has come to thedefect investor shareholder qualification. Chapter as a logical starting point for analysis of shareholders ’rights to theshareholders eligible to obtain shareholders’ rights constitute shareholder rightsstructure, further restraining mechanism of the flaw shareholder...