Shareholders’ Contribution Defects Research Problems

China’s socialist market economic systems has gradually set up and tend toimprove as the main players in the market, the importance and influence in themarket activities can not be ignored. Capital adequacy is the premise of thecompany’s normal operations, if the shareholders of the Company-funded there areflaws, then the separate corporate foundation will be shaken. In order to reduce thecontribution of defective phenomenon occurred; this detailed analysis, and putforward some suggestions that will help protect China’s market trading activities.In this paper, divided into four chapters, discusses the contributions of theshareholders of flaws, and made their views.The first chapter is an overview of the basic principles on the flaws ofshareholders’ capital contribution. Clear invested flawed concept, feature. Analyzethe causes and manifestations of the type of defects funded, types and a cause of theanalysis is to put forward the premise of good suggestions.The second chapter is on the legal status of the shareholders of the flaws ofcapital. By the shareholders of that qualification standards and the analysis of therelationship between funding and shareholders’ qualification obtained flaws ofcapital, shareholders should have the qualification as a shareholder. Andqualification as a shareholder and the shareholder rights, analyze the flaws of capitalshareholders should enjoy the rights of shareholders, only such rights, the law shouldaccordingly limit.The third chapter is the legal effect of the transfer of share flaws. Theoreticalcircles of different theories of interpretation, and analysis of the practices in thejudicial practice in China, the paper argues that the contribution of the equity of flawdoes not lose its transferability. Secondly, after the transfer of share flaws, unfulfilledfunded accountability. By the assignor or the assignee liability for back to China according to the subjective state of mind of the assignee, to think that the ultimateresponsibility.The fourth chapter shall bear civil liability of the shareholders of the flaws ofcapital discourse. The flaws of capital to shareholders of civil liabilities, in thenational laws have different provisions. Liability for breach of contract, include thefull contribution of shareholders to repay the company the difference between theresponsibility and the responsibility of the company’s creditors. Secondly, the currentCompany Law with foreign advanced legislation, described by our laws existingproblems and deficiencies, and then make recommendations.