Study On Legal Issues Concerning Credit Contribution

Credit, as an intangible asset, can be used in the form of capital contribution or not isstill a controversial argument not only in the theoretical research of our Company Law,but also in the realistic department. Nowadays, credit capital contribution has becomea real necessity, although the new Company Law has cleared it out of the capitalrequirements. So, based on the assets credit concept and the principle of autonomyand efficiency, the thesis will study the legal problem about the credit capitalcontribution by comparative analysis.Besides the preface and conclusion, the thesis is divided into four chapters.The first chapter is about " credit contribution of the connotation and legislativeinvestigation". Credit capital contribution is a capital investment way in whichallowing the shareholders to invest their company by credit. This reflects thecharacteristics of universality of the body, invisibility, personal dependence and thecomplexity of evaluation and dynamic. But credit contribution is banned in ourcompany legislation, which does not conform to the trend of widening the form ofinvestment in the modern Company Law. Besides, in practice, the existence of creditcapital contribution by relying on to manage reflects that the affirmation and demandfor this investment.The second chapter is about “the theoretical breakthrough of credit contribution".With the myth of the capital credit disillusioned and the introduction of the conceptcredit assets concept, the company capital debt function is attenuated. And thepurpose of legislation which means to protect the creditors’ interests and limit theform of contribution has lost its theory basis. As a private law, the principle ofautonomy and efficiency should be ultimate principles in Company Law. So, in orderto balance the interests and equity between company and other people, we shouldwiden the contribution of shareholders.The third chapter is about “the reality of the necessity and feasibility of creditcontribution". Credit contributions are very necessary.No only because of the realisticdemand of inventors for the credit capital contribution, but also the internalrequirement of the self-improvement and development of our capital system. If Creditcapital contribution also meets the "five elements" of object, it will accord with thevalues and functions of contribution. Therefore, Credit capital contributions are alsohas its feasibility. The fourth chapter is about "the legal regulation of credit capital contribution ". Thecore content of the credit contribution system consists of the system of creditevaluation, public summons, special system and the system of responsibility. Withthe new model of introduce commercial Banks to participant in credit assessment andprovide security for it, the credit capital will achieve efficient pricing and transfer. Ithelps to balance the interests of investors and the banks by defining the range ofcontribution and the special obligations of the investors. Investors and the banksshould take the corresponding duties if they breach statutory obligations. Also, theydeserved their faithless punishment.