The Study On The Debt-funded Legal Problem

Development in the company’s capital system is essential for increased investment in the establishment and operation of the company. Funded debt is part of company capital system and credit investment in modern society has access to means to become independent of the real right property forms. Whether to accept debt-funded world of intense controversy at home and abroad. In common law countries there are a series of related systems of cooperation, allowing debt-funded, full use of the debt financing of investment performance, reduced the company’s financing difficulties, business development for the company provided adequate facilities. In civil law countries, mostly adhere to the statutory capital system. Scope for funding, as well as in the form of strict legal rules. Some claims State funding continues to be prohibited, but some national recognition of funded debt is restricted, or even recognize the legitimacy of the funded debt. In the context of fierce international competition, restrictions in the form of investment in countries less able to adapt to the trend of economic development. Existing company law for debt-funded without clear wording of provisions, but under the existing provisions of the company law:for non-monetary funds as long as the money can be used for the valuation and transfer of property as a form of investment. Debt investment valuation and transfer of claims under the provisions of contract law can take place, from this we can infer, attitudes towards debt funding is accepted in China. This proceeding from the basic principles of funded debt, proper and related to the debt-funded construction of the system of study, as follows:The first part, starting from the basic concept of debt-funded, to a theoretical discussion on the classification of debt-funded. Experts said they have funded claims for defining the existence of different views. In China the concept of debt-funded largely generalized and narrowly stated that two theories. Claims expense in practice there are many cases, funding can be practical proven claims, but claims to have advantages at the same time, also has a lot of defects, this article claims funded defects described in detail below.Second part of the theoretical basis of debt-funded and conducted an analysis of claim funding qualification, this part of the research object is the focus of this article. Funded claims including the claims of the debtor after the company and the third party debtor of the debt-funded in two ways. According to the relevant provisions of contract law and company law, debt funded with a strong theoretical basis. Funded this article claims of proper elements for the analysis. Mainly for Japan beauty of scholars interested in village governance in an analysis of the four elements, that now should be a certainty, the existing transfers of value, evaluation and the possibility of independence. In practice, the creditor funded a lot of shortcomings, funded in claims on the basis of analysis of the defects, funded in our legislation on claims in my period of investment, such as the company law provisions should be met, claims last exclusionary conditions carried out a detailed analysis of the funding. Strictly limit the scope of the claims for funding, help to debt-funded health development.Third part from the two main legal systems of national legislation and attitudes set off, turn the debt-funded study of China’s current situation, and learn ideas and experience with the applicability. Overall, this is a great progress of company capital system.Part four claims for defects to be funded construction of the relevant system. First of all for limiting the proportion of debt-funded, helps in recognizing cases of debt-funded legitimacy, guarantee the smooth operation of the business activities of the company development. Secondly, on the whole, china company law and related legislation, need to go through assessment and verification, approved of the shareholders, the Board of Directors of the recognition and the perfection of the construction of credit mechanisms and other related advice, help to meet the requirements of economic development on the debt-funded.