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A Study On The Legal Problems Of Corporate Credibility And Legal Person 's Denial System

Posted on:2013-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:P Y ZhuFull Text:PDF
GTID:2176330434470946Subject:Law
Abstract/Summary:PDF Full Text Request
As the rapid development of economy now, company is the most important constituent part of market economy. Stockholders are decision makers while company is in motion and doing business, their abilities affect the development of company. However, so many established companies broke out legal risk again and again these years. There are huge hidden trouble in corporate governance, internal control system, and enterprise risk management and prevention. The cases of stockholders abusing their rights to escape legal responsibilities can be found everywhere.The Law of cooperation theory established the principle of company capital:capital establishing, capital enrich, and capital invariant. Stockholders must keep the company capital enriching to guarantee undertaking the due obligations. They can not flight of capital contribution, as well as contributing capital by fraud.This Article starts from capital enrich principle, researching the theory of substantial responsibility of capital, analyzing the properties and contents of the responsibility, how to apply in judicatory practice. The article discusses the methods of bearing responsibility, some pattern of manifestation about stockholders violating capital enrich principle in commercial activities, putting forward some possible problems in judicatory practice.The article is split into four sections. The first two sections expound substantial responsibility of capital and legal consequence of violating capital enrich principle. The third section analyses the typical manifestation of stockholders violating capital enrich principle——flighting of capital contribution. The forth section expounds the using of substantial responsibility of capital in practice.
Keywords/Search Tags:Company capital enrichment, Disregard of Corporate Personality, Stockholders’ liability
PDF Full Text Request
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