Defective Capital Contribution Of Shareholders Qualification Research

Shareholders’ qualification is one of the basic theories of company law.The main qualification is mainly related with the structure of the legalinterests of the adjustment mechanism. As a typical act of dishonesty,defective contribution has serious negative effects on corporate capitalsystem, cooperation credit and company interests. Therefore it is asignificant problem of identifying the qualification of defective contributedshareholders to resolve the internal conflict of interest, balancemulti-interest and maintain the company capital credit. Despite the initialattempt of Company Law and its judicial interpretation on thestandardization of this problem, the system has not formed, some blindspots exist in statements and the demonstration effect is not obvious. Thispaper contributes to the perfection of shareholders’ qualification system byanalyzing and researching on the norms of relatively mature civil lawcountries. And the discussion under the theme of founding a defectivecontributed shareholders’ qualification identifying system with the value offree and fair has a core value of interests balance.This dissertation has three parts: foreword, text and conclusion. Theforeword includes the original intention and meaning, the ideas and scopeof the article, the research methods and innovation. Chapter1analyzes thebasic problems of the identifying of the qualification of shareholders. Thischapter clarifies a basic premise that eligibility and right of shareholderhave tolerance and the connotation of qualification as a shareholder focuson the factors of the rights by the discrimination of qualification and rights.By value and real analysis and the foundation of balance, the authorreaches a conclusion that the contribution obligation is not the requirement.Chapter2describes the concepts of defective contribution. About thenormal defective contribution, the shareholders’ rights should be restricted.On the serious defective contribution, procedure of summon loss of rightsshould be applicable. The last two chapters focus on the interpretation ofright restriction and procedure of summon loss of rights. Moreover, the author makes some suggestions on the revision of laws and the constructionof system. The conclusion concisely describes the value and the mainpoints of this paper and puts forward the significance of the perfection ofidentifying the qualification of defective contributed shareholders.