The Restriction On Equity Of The Shareholders With Defective Contribution

The company's capital system and the company's legal personality system are the two basic systems in the company structure, in the same time, these two are the core parts in the entire world Act enact, amend and improving process.Based on the initial source of the company's property investment promoter shareholders, the shareholders of the investment is the company to set up than the indispensable prerequisite for success, and also greatly affect the independence and integrity of corporate assets. The company's capital deficiency or the presence of other defects could cause the Company's legal personality is denied, the company denied legal personality, that piercing the corporate veil, a direct result of the company was denied.The initial source of the company's property investment is from the promoter shareholders, it's a key indispensable prerequisite for setting up a company successfully, and also greatly affect the independence and integrity of corporate assets. The company's capital deficiency or the other defects could cause the Company's legal personality is denied, which is a direct result of the company was denied.So, the company's capital system is very important in the corporate structure. Today we are in a period of building a socialist harmonious society, building a socialist country ruled by law and building a socialist harmonious society are two important parts in our country. A more perfect socialist legal system is building up gradually in our country.The "Company Law" was established in.1993, after three amendments in 1999,2004, 2005. The new "Company Law" was published in 2006, in which repeal the statutory capital system, implement the authorized capital system, which allows shareholders to pay in installments after pay for the first time.In the one hand this regulation improve the investment enthusiasm of the market, and promote healthy and stable development of the entire social economy, but on the other hand, this regulation increase the risk of the defect investment. At present, China is in social transition period, the legal system are yet to be improved and that investors sense of integrity need to be further strengthened, there are many cases in both monetary contribution or non-monetary contribution due to defect investmentDefect investment is not only affect the company substantial invested capital and other shareholders'benefits, but also affects the company's long-term development; in the mean time, it will bring many negative effects to safeguard the interests of creditors of the company, increasing the difficulty of asserting rights of creditors. Further, will serious impact on our economic development, it will be a great hindrance for the company to occupies a huge share of the economic free market economy, health, development and establishment of social credit system.Since there are various bad effects of the defects contribution from company's stakeholders. This article take the Investment Corp sue the Anda Eagle Company on the defect contribution case as example. Analyze the type of defects contribution, qualifications and rights restrictions of shareholders who have defects contribution, solutions for the defects Investment. Also some understanding of the issues related from my point of view.This paper is divided into three parts:Chapters I, introduce the case of Investment Corp sue the Anda Eagle company on the defect contribution, sharing about the general situation of this case, the focus area, pointed out the controversial points of disagreement of this case in the judicial practice.Chapter II, from legal perspective, analyze the shareholder equity restrictions on the defects contribution, simply analyze the type of existing defects contribution, If the defects funded shareholders will be affected, how to restrict the the equity investment from the stakeholders. Mainly discussed from the total benefits and self benefits. When the equity investment is restricted but not deprivation, so proposed how to restore the exercise of options after the equity investment restrictions.Chapter III, provide several solutions for the defects Investment, expect defects Investment can be gradually move in the right direction to promote the development of the company, the market economy.