Sharaholders’ Debt Financing And And The Risk Of Legal Regulation

From the point of view of economics, any property, interests orrights which can bring returns to shareholders can be put into theeconomic cycle, constantly creating wealth for the society and makingprofits to shareholders.But, the understanding of property or interests,rights need a process of gradual deepening and motivate the society toturn to the direction of conducive to the shareholders’ investment incapital concepts. Not only the currency or objects, equity, creditor’s rights,intellectual property rights and so on, all kinds of new property will befound, and confirmed in the economic cycle. With the system reforming,laws and regulations improving and the credit foundation shifting, waysand scope of capital contribution are expanding continuously. As aproperty with both property value and its transferability, creditor’s rightshas appeared in the non-monetary contribution form of company, and itneed to be perfected legally while being considered as a capitalcontribution method, due to its own non-visibility, uncertainty,uncertainty, randomicity, and the risk during the process of transfer.Determining their debt contribution methods, the company capitalsystem should have its theory basis and the realistic foundation, and meetthe needs of the development of the social economy.The debt capital contribution means people invest on the company debt capital rights andthe creditor’s rights of third party. At present, scholars pay more attentionto the research of company capital contribution, which has been approvedits feasibility by relevant administrative regulations, rules and judicialinterpretation.But, from the legislation to practice, the third party debtcapital contribution is lack of relative operating rules, and the study ofsuch problems at present has not attracted any attention in the academicfield.Compared with company debt capital contribution, the third partyone is more risky. This essay focuses on the important carrier of socialwealth–the third party debt capital contribution, drawing on the study ofcompany one, and deeply considering the theoretical basis and realisticfoundation of third party debt capital contribution, analyzing of which therisky, and designs the legally binding mechanism for third party debtcapital contribution from the start of covering the drawback of capitalcontribution and proposes its own opinion and design.