Research On Legal Problems Caused By Defective Capital Contribution Of Shareholders

The financial contribution is shareholder’s basic task,and it is very important for the company, the shareholders and the creditors of the company.The effective implementation of the shareholders’ capital contribution system made the basis of balanced interests of the creditors of the company,and it also adapt to the modern enterprise system. Behavior of shareholders financed, by their nature, not only acts to fulfill the contractual obligations between the shareholders, to fulfill the statutory obligations of the company is set up.In China, the responsibility system funded by the shareholders of defects, according to the nature and severity of defects funded system is subdivided into criminal responsibility, administrative responsibility and civil liability. Criminal Responsibility will be shouldered mainly when defects contribution reaches a very severity degree that constituted a crime, administrative accountability is mainly reflected in ordered to make corrections or fines. However, the relevant provisions on civil liability in the Companies Act is rare, as the principles of company law, judicial and civil liability, priority, only to enrich and improve the law of civil liability can really compensate for the loss of the injured party. The subject of the civil liability responsible object is divided into the shareholders, the creditors of the company, the shareholders who has been fully funded in this article. Not only the shareholder to be liable for breach of the other shareholders has been fully funded, the company’s commitment to fill the security responsibility and payment of the guarantee responsibility, and the other founding shareholders acts committed capital adequacy responsibility. The defective capital contribution of shareholder will produce different impact to qualification of shareholder, shareholders’ right and the right transfer.Although China’s revised company law on the civil liability provisions have been supplemented, however, China has implemented the company’s system for a very short period, compared to many Western developed countries there is still a very long way to go. Mainly reflected in the lack of other aspects of the imbalance between the proportion of the responsibility system and content requirements. In order to improve our shareholders defects funded civil liability, this article through the analysis of the current liability and learned from the advanced Western civil liability provisions, combined with China’s actual situation to analyze. Including the complete defects funded liability system and define the main responsibility and improve shareholder-funded relief system and improve the flaw-funded prevention system.I hope it can be help for Shareholders of the Company defects funded Law consummate.