Research On The Current Situation And Reform Tendency Of Capital Formation System In China

The Company Capital Formation System is an important institution of the Company Law. Whether the system design is reasonable or not has an important influence on the construction of the company’s capital system and the development of the company and even the development of the country’seconomy.On 1st,March,2014, the amendment of Company Law was implemented. Most of the content focused on the reform of the Company’s Capital Formation System, including payment methods, repealing the Minimum Registered Capital System, the proportion of monetary capital, the company registration reform etc. Our companies, therefore, were given more autonomy rights, which reflects that China’s Capital Formation System has been in the trend of the Authorized Capital Formation System.In this new context, researches on the current status of operation of the Company’s Capital Formation and institutional obstacles to the direction of reform and the reform process will become increasingly popular and increasingly important as well.The process of economic and social development is bound to be the updated process of the law. The reform of the Company Capital Formation System will be accompanied by the process of China’s economic and social development throughout the company system development. In this thesis, the author analyzed the Company Capital Formation System’s running status, gave a prospective forecast and plan in line with the development trend, analyzed those problems that we might encounter in the future reform journey, and provided some suggestions.The thesis consists of three chapters. The first chapter is about the Company Capital Formation System’s status quo. On the basis of the defining of basic concepts of the company’s assets, the capital, the capital system, the capital formation system etc., the author proposed the Company Capital Formation System should be divided into two categories:the Legal Capital Formation System and the Authorized Capital Formation System, and does not consider the Moderate Capital Formation System as an independent category. Moreover, the author thinks that even though the Company Law Amendment 2014 carried out a great reform to the traditional legal capital formation system, our Company Capital Formation System still have four major characteristics of the legal capital formation system, and is still the legal capital formation system.The second chapter mainly analyses the Reform Trend of the company capital formation system. On the one hand, taking the Britain, the U.S.A, France, Japan, and the South Korea for examples, studies those countries’company capital formation system’s evolution, and concludes the worldwide trend that the company’s capital formation system reformed more and more closer to the Authorized Capital Formation System. On the other hand, Combined with China’s current company capital formation system’s defects, authorized capital formation system’s benefits as well as system, credit, economic base which we already possessed in the reform, the author concludes that we need to follow the world wide trend to promote the reform of the system to the Authorized Capital Formation System.In the third chapter, the paper insisted that we should follow the reform trend, but we must clearly recognize that the current obstacles in the reform process, such as:China’s immature economic system, relatively backward social credit system, imperfect judicial implementation system etc. Only gradually clear away these obstacles, the Authorized Capital Formation System can be truly rooted in the reality of china’s soil. Thus, such a reform process cannot be rushed, but should be gradual. Analyzing those difficulties we may encounter in the reform process and then taking effective measures accordingly, such as, perfecting information disclosure system and making investors’liability in breach of contract stricter, are the most effective way to make our reform more smoothly and efficiently.