Equity Investment Law Studies

Equity investment, is as the name suggests equity as investment form to theestablishment of the company. As a means of capital operation, equity investment inthe capital market plays an irreplaceable role. Especially in recent years, our countrylegal issues of equity contribution has been widespread concern in the theoreticalcircle, the practice of equity capital case is emerge in an endless stream.However, the equity capital arisen also brought many legal problems. Thus, theequity capitals of the legal issues involved are more comprehensive, systematicanalysis and elaboration. Besides the introduction and the conclusion, this articleincludes four parts, each part mainly solves the following problem:The first part, the basic outline of equity capital. This part mainly discusses theequity and its legal attribute, equity investment is necessary and proper and equityinvestment and other related concepts. Papers on various nature of equity theory isevaluated on the basis of that, the equity for a new independent civil rights, equity asinvestment subject matter with the physical contribution" four elements", can be usedto fund the. And equity investment for assets to capital change, the establishment ofthe company and the enterprise has created enormous convenience. Of course, in theequity capital in practice, must hold its and the transfer of equity, equity displacementdifference, the difference is mainly reflected in the stock trading form and theconsequences of the transaction.The second part, the legislative investigation on equity capital and its relatedsystem impact. In the part of analysis on equity contribution of different legislativemodels on the basis of our country, traces the share capital of the legislative evolution.The paper thinks, the company law of our country about equity investment bangradually recognized-acknowledged the evolution of legislation in line with theworld trend of company legislation. But on the other hand, the equity capital valueassessment and examination caused difficulties, investment proportion and theproblem such as improper blemished equity contribution, but severely impact thecompany capital system and the company independent personality foundation. Practices of equity capital legal dispute are more than this. Therefore, we must face upto and be alert to this problem.The third part, our practice in the share capital of the legal problem discussion.This part mainly discusses the process of equity investment assessment and inspection,share capital of the legal limits, the equity capital transfer standards of law and equitycapital and other legal issues. First of all, in the equity capital evaluation andcertification process, different assessment and certification body, adopt differentassessment methods will make the value of equity volatility. Whether the evaluationor assessment method, adopt uniform approach is not feasible, practice should bebased on actual specific division. Secondly, in the process of equity contribution,likely due to guard a pass lax and the emergence of equity investment proportioncontrol, is held each other, equity investment and other issues. These problems willlead to the company’s capital increase and economic expansion, foam. Once again, theprocess of equity capital, equity transfer agreement between the parties, a standardcompany shareholder register modificatory standard and the change of industrial andcommercial registration standard three different standards, different standards willmake equity investment transfer time and the effect is not the same. Finally, if not tothe investment or investment is insufficient, the transfer of power is flawed, pledgeflaws equity investment will cause about investor shareholder qualifications and rights,obligations, establishment of Effectiveness Problems and flaw shareholder andpromoters of the related legal liability issues.The fourth part, our country legal issues of equity contribution countermeasureresearch. The main part of the third part of the related legal problems in thecorresponding countermeasures. First of all, in the equity capital evaluation andreview process, evaluation and examination subject should choose the specializedasset evaluation institutions. At the same time, listed companies and non-listedcompanies value should be used at current prices for valuation and the present valueof income method of assessment. Secondly, in the share capital of the legal issues ofequity, investment proportion must follow the new" company law" and the company’sarticles of association. At the same time, strictly limit the mutual ownership andvoting rights held each other. For equity investment issues, should be taken to assess adjustment method of limit. Again, in the transfer of equity in a standard issue shouldadopt the parties agreement standard, the shareholders register registration did notdecide the effect of transfer of shares effect, industrial and commercial registrationonly as a publicity effect. Finally, the flaws equity investment issues, not to invest ornot fully funded, the original company and investment company cause differenteffects, specific analysis should be restricted; in order to transfer the equityinvestment effectiveness can lump together, but should distinguish the transfer ofownership restrictions are statutory limits or constitution limit, in order to make aspecific analysis; to pledge the equity investment effectiveness, to distinguishbetween acceptance of share capital of the company is a public company with a publiccompany, and make different validity.