A Study On The Effectiveness Of Equity Transfer In Funding

Capital contribution is one essential basic obligation for company shareholders,however, laws and politics in the developed market-oriented society nowadays gifted high freedom to commercial conduct, and there appear one universal phenomenon-transfer defective equity, especially in transaction process, the circumstance that object equity is normally defective caused by capital contribution. However, the laws supervise equity transfer caused by defective capital contribution are imperfect, then it arouses a serials of disputes regarding defective capital contribution equity transfer.Among these disputes, the judgement of relevant contract effectiveness of involved equity after transfer and responsibility undertake problems are the emphasis and difficulty of judicial judgement. Oversea and domestic judicature and theory study circles possess various opinions and operations. This passage will educe the focus of argument by two typical equity transfer dispute cases caused by defective capital contribution and specifically discuss the applicable principles, analysis method and suggested solutions etc. for the efficacy of equity transfer contract caused by defective capital contribution,and we hope it can provide certain useful reference for similar cases in practice and provide beneficial help for establishing and strengthening relevant laws in our country.This passage is divided into five parts, and it explains the equity transfer problem caused by defective capital contribution as well as the opinions and views proposed by the author. The main contents of the passage include:This first part educes the focus of judegement of this passage by two typical equity transfer dispute cases caused by defective capital contribution-equity transfer efficacy caused by defective capital contribution.The second part firstly defines the research scope and relevant concepts of this passage, meanwhile, it simply states the real form of capital contribution.The third part mainly compares and analyzes the main theoretical perspectives of judgement of equity transfer contract for defective capital contribution and judicial practice. The main viewpoints of defective equity transfer contract efficacy include invalidation, distinction, revocability and effectivity.The fourth part is the author’s opinion to equity transfer efficacy caused by capital contribution and elaboration of value orientation and analysis thought for settlement of this problem, and then the passage shows the author’s opinions and advice to this problem on this basis.The fifth part simply analyzes and states the subject of the responsibility after equity transfer of defective capital contribution.