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Shareholders Funded The Underlying Flaws Relief System

Posted on:2013-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:J CengFull Text:PDF
GTID:2216330374459903Subject:Law
Abstract/Summary:PDF Full Text Request
Shareholder's capital contribution have great significance to the company, is the capital security for company to participate in the business activities and assumption of debt, in relation to the intherst of the company, the shareholders and the obligor of company, new corporation law has increased the range of investment object, not only listed part can be used for investment object categories, and generally summary the conditions for non-currency property acting as shareholder's investment. The writer diveded the investment object permitted by current corporation law into currency, real rights, intellectual property rights, land use rights, creditor's rights, stock rights, etcThe defects of the investment objects will affect the company's capital adequacy and maintain, will affect the normal business activities of the company, The creditors of the company also will lose the general guarantee realization of creditor's right, make the company trust shake. This paper using inductive and deductive method to research The defects of the investment objects and relief system.This paper is divided into four parts.Chapter one The description of the defect of the investment objects. First elaborated the important significance of shareholder's capital contribution for the company, the shareholders, the creditors of the company. And analysis of investment object permitted by current corporation law. Secondly, this paper depicted the concept of the defect of the investment object and the influence it may cause.Chapter two The analysis of the main defect of the investment objects. This chapter analyzed, concluded and summarized the defects on amount, delivery, quality or rights of invstment of currency, real rights, intellectual property rights, land use rights, creditor's rights, stock rights respectively.Chapter three The liability of defect existing in shareholder's investment. First expain the rights of these shareholder will restricted. Secondly,analyzed on the liability the shareholder with defect investment object should bear to the company, the other shareholder,the creditors of the company. And analyzed the capital supplement liability that the shareholders who have already implemented the investment obligation should bear.Chapter four The relief system. First analysis of the way of relief can be take for the company, the other shareholders and creditors when defect existing in shareholder's investment. Secondly, brought forward the writer's opinion on the introduce the system of the expulsion of shareholders.
Keywords/Search Tags:Investment object, Defect, Civil liability, Relief system
PDF Full Text Request
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