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Research Of Creditor Protection Company Establishment Stage

Posted on:2014-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y P WangFull Text:PDF
GTID:2256330401961938Subject:Law
Abstract/Summary:PDF Full Text Request
The establishment of the company needs to set up a lot of necessary preparations. In the establishing phrase, there is not a legal qualification and there is no independent to bear civil liability. The protection of the creditors’ profit of company should be set in the establishing stage, regardless of the company set up successfully, the interests of the creditors’ should be obtained adequate protection.This relationship is helpful with the stable and healthy economic development of the market order.In the set-up phase of the company, promoters’ responsibility, the shareholders’capital contribution obligations, asset evaluation, verification system, effective system and so on play an important role. This paper’s stance will research creditor protection of company construction phase.First of all, learning the advanced legislative experience of the developed countries and regions is suitable for our system. By comparative analysis methods, the negative deficiencies of the legislation creditor protection should be concerned in the establishing phrase of the company. At last, from every breach of obligation such as shareholder responsibility, strict responsibility promoters creditors and so on, we should perfect the third interpretation of the Companies Act.and sixteen non-the monetary property investment issues to further refine the assessment system as well as the registration system in place of the verification system, the provision and put forward its own recommendations to do our best to protect creditors’ profit in the establishing phrase. This paper is divided into four sections:The first section is writing the basic theory of the company in the establishing phrase as well as creditors. These theories contain the meaning and the nature and the significance in the establishing phase of company.The second section is writing the state of the domestic and foreign nations about creditors’ protection in the establishing phrase of company.The third section is writing the legal deficiencies in our country to protect creditors in the establishing phase of company, which contain the responsible body and other issues. The fourth section is writing the solutions about above. It contains perfecting sponsors and so on.
Keywords/Search Tags:Incorporation, Liability of Sponsors, Breach of Investment, Protection of Creditors
PDF Full Text Request
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