Creditor's Rights Investment Law Studies

Capital creditor’s rights, just as its name implies is the use of creditor’s rights tocompany contribution form. In the capital market, as a kind of capital operationmethod, the creditor’s rights plays an irreplaceable capital contribution of the role.Especially in recent years, China’s capital contribution by the legal problems claimsfocus in the circle of theory, in the practice of the capital contribution in the case ofcreditor’s rights is common. However, claims the rise of capital contribution is bringingus a lot of legal problems. Therefore, this paper by the creditor’s rights involved legalissues a systematic analysis and described. In addition to the introduction andconclusion, the paper includes four parts, each part of the main solved the followingquestionsThe first part, claims the basic overview capital contribution. This part of themainly expounds the claim and the creditor’s rights of the legal characteristics, in thethorough analysis of the concept and the creditor’s rights debt investment capital underthe premise of the theoretical basis of deeper into debt capital contribution of necessityand feasibility. This paper claims the type two kinds of capital contribution thetheoretical basis of creditor’s rights debt capital contribution in accordance with thattype of different have different theoretical basis. The thesis in capital contribution ofclaims the necessity of the feasibility study based on think, claims the subject matter isas capital contributions with things of capital contribution "four elements", can be usedto capital contribution. Creditor’s rights as a kind of new capital investment way, on theone hand, can reduce the cost of the establishment of the company, to improve thecompany financial structure, on the other hand is beneficial to the full use companyresources, meet company efficient management.The second part, claims related legal system at home and abroad capitalcontribution. In this part of the common law and civil law analysis about the capitalcontribution of the present situation of the creditor’s rights legislation based ondifferent, traces the creditor’s rights in China of the capital contribution in legislative progress. Civil law countries adopt reserves of debt capital contribution attitude toensure that the company full capital, and maintain the prestige, stable transactionsecurity. But common law is advocating for personal freedom pursuit of companycapital system in so has the characteristics of flexible, efficiency, therefore in thecapital contribution creditor’s rights issues than continental law provisions relativelybroad and to shareholders and investors capital claims fewer restrictions. China claimsabout the relevant provisions in the capital also complies with historical development,the attitude of the capital contribution of claims from limited to slowly conditional toaccept.The third part, our company practice law claims the paper discusses the problemscapital contribution. This chapter not only academically discussed claims due to safety,capriciousness, concealment claims the problems caused by capital contribution. But inpractice the capital contribution for analysis of the sort of creditor’s rights, thecreditor’s rights of delivery of the capital contribution problems and creditor’s rightsdebt and the proportion of capital contribution of the realization of the capitalcontribution effect problem. First, although the company law, to a certain extent, toadmit that the creditor’s rights of the legality of the capital contribution, but notrequired by law the sort of creditor’s rights, and reality creditor’s rights sort is various,so shall, according to the different kinds of the creditor’s rights can be used in thecapital contribution discussed claims type. Second, the creditor’s rights in the processof capital contribution, and may be due to lax and appear creditor’s rights to control theproportion of capital contribution problems such as out of control, and this problemwill cause the company capital empty to add and economy, turning into a bubble-andover expansion. Again, the risk of capital contribution creditor’s rights cause anotherproblem is the creditor’s rights is not standard delivery. When there is a double transferunder the situation that will inevitably lead to claims the risk of capital contribution.Finally, in the process of creditor’s rights debt capital often can’t all or part of therealization of the creditor’s rights and realize the excess situation, the situation willcause many legal issues, so to distinguish between different subjects in differentconditions to make a difference in effect is maintained. The fourth part, China’s claims of the capital contribution in legal solutions to theproblems of the research, this part of the main part on the third involved legal problemsthe corresponding countermeasures are put forward. First of all, in the creditor’s rightsdelivery is standard through cdo transfer, notify the debtor contribution of creditor’srights, the debtor written confirmation to do together. Second, the creditor’s rights existbecause capital characteristics so in order to avoid the concealment of the creditor’srights in the process of capital contribution of the problem of the creditor’s rightsshould be clearly correct investment registration ideas, set up a substantial examinationmechanism and the responsibility of the registration department capital claimscompensation system, and to further perfect the creditor’s rights contribution system.Third, in order to perfect the creditor’s rights debt capital investment behaviorstrengthening standardization, shall establish a set of creditor’s rights program setsinvestment, to avoid creditor’s rights in the process of capital contribution is notstandard behavior. Finally, because the debtor pay off the ability is insufficient ormalicious escape to fulfill debt situation make capital contributions can’t get realizecreditor’s rights against the original creditor’s rights contribution system will be theoriginal intention, so the guarantee system of promoters of investor and capital fullresponsibility system, such as investor responsibility of breach will be to strengthencapital contribution of the creditor’s rights effective way solvency.