Companies Act On The Legal Issues Of Third Party Claims Funded

The funding forms in the corporation law is a significant problem both in theoretic and practice, the funding forms in the corporation law is a significant problem both in theoretic and practice, credit capital of investment is disputed. Using the third party's credit capital is an important assortment but seldom seen in practice. At present, the form is disputed in profession area and also forbidden mostly in practice, the existing corporation law's articles are also vague, which is a disagreement with the more wide national economic and legislation environment. Considering the related department investigate on credit capital investment, the author want to do some special and useful research on credit capital of third party.In this paper, a variety of research methods, including the use of more is comparative analysis, economic-and-value analysis, economic analysis and value analysis and deductive method, seek to sort out the basic theory through the study of the basic theory, concept, character and feasibility analysis of the credit capital from the third party, the author discuss the effect and responsibility, and give some good advice to the construction of the credit capital from the third party.This article is divided into four chapters. The first chapter starts from the law foundation about credit capital from the third party, making up by the concept, classification and characters, the analysis of the difference with the common forms of investment and"debt to equity". The author talk about this from the view of suiting, system compatibility and actual meaning, especially from the corporation law ideas, principles and the purposes of commercial law to scan the phenomenon and draw possible conclusions. These form the basis for the next paper.The second chapter is about the investment risks and impacts, analyzes the investment risk, and from the unique perspective of funding parties and the company, other creditors and the society, in particular through the special perspective of corporate social responsibility which governments and the community are very concerned about in the current, systematic analyzes the investment behavior triggered by internal and external influence and responsibility as system design preparation. Chapter III examines the foreign legislative practice, evaluation andanalysis of common law, civil law practice under different systems, good experience from abroad; from the legislative, judicial, administrative and social enterprises, the status of domestic legislation and practice about the attitude; Finally, the system of reflection.Chapter IV constructs the system of the credit capital from the third party. Basing on the respect to the company practice and social reality, on the one hand, the author find the scope of investment,the standard of capital paid-in and the contribution procedure; On the other hand, the author raise the capital guarantee, the special obligations of the company's internal configuration and responsibilities construction, the restriction, evaluate responsibility assignment and the advice of social monitoring.