Research On The System Of Residual Property Distribution In The Company

Chapter One briefly introduces the relevant concepts relating to the company residual properties, and analyzes the jurisprudential foundation of the distribution of the company residual properties from three aspects, respectively the characteristic of the company, the characteristic of the company law, and the shareholders’rights; Chapter Two introduces the law stipulations with regarding of the distribution of the company residual properties in Germany, United States and Japan, so that to supply a model for structuring the distribution system in China; Chapter Three respectively introduces the historical evolution of the distribution system in Chinese domestic companies and foreign investment entities; Chapter Four introduces the significance of reconstructing the distribution system of the company residual properties, and outlines the proposal for establishing the distribution system of the company residual properties in China, i.e.,"When the company properties are sufficient to pay the debt of the company, after paying off the liquidation expenses, wages of employees, social insurance premiums and legal indemnities and the outstanding taxes, the remaining properties may be used to pay the debt of the company. After paying off the debts of the company, in the case of a limited liability company, the residual properties should be distributed according to the proportion of capital contribution of the shareholders unless it is otherwise specified by the articles, or, in the case of a joint stock limited company, distributed according to the proportion of stocks held by the shareholders if there are no different rights as to the issued stocks in the distribution of the residual properties"...