Shareholders Flight On Civil Liability For Funded

A corporation is a company taking capital as credit, in which, shareholder capital contribution is the primary source of its capital formalization, which is also the most fundamental duty of shareholders. But in reality, the phenomenon that dishonest shareholder violates capital contribution responsibility, that is to say, withdrawal of capital, occurs frequently.Withdrawal of capital, on the one hand, will lead to the defects in company contribution; on the other hand, damage the interests of company and other identified shareholders. More importantly, its fraud technique and concealment nature make the company credit go wrong during the company operation, threatening company creditor interests and market transaction safety of the society. Withdrawal of capital performed by shareholders is considered to be the common cases in legal practice and disputes concerning Company Law, which results in the more and more interest conflicts between shareholders themselves, shareholders and company, along with company creditors. As to the reasons, partly because company shareholders possess no law perception, evading and disobeying laws and regulations to perform fraud activities; partly because the defects in our existing company laws and regulations with no supervision and controlling mechanism on shareholder capital contribution. The company with the interest damage and other shareholders, the company creditors together with the stake related persons can not resort the civil procedure to pay for the damaged interests.The passing of Company Law on 27}', Oct,2005 has regulated the legal liability of withdrawal of capital behavior on item 201.Criminal Law defines the crime of faking and withdrawing capital on item159. More emphasis on criminal and administrative liability and less on civil consequence make the rule on withdrawal capital at current legislation. The thesis demonstrates shareholders withdrawing capital from the civil liability perspective, integrating relevant laws, regulations and legal explanations to present the author's legislative suggestions.