Analysis Of A Company V. Zhu Moumou Case On The Capital Contribution Of Shareholders

With the establishment and perfection of socialist market economy system inChina, the company shows its importance. People pay more and more attention to thecompany’s legal personality and ability. The sufficiency of corporate capital is vital tothe company legal personality, so shareholder’s contribution is very important for theshareholders and corporation. The shareholders obtain their rights in the company andbear limited responsibility within their limited contribution of capital. As for thecorporation, the contribution of capital is the essential condition for incorporation ofthe corporation as well as the material guarantee for corporation operation; as forother shareholders of the same company, due to the person cooperation of theshareholders of the company with limited liability, it is not only the request of thearticles of the association to duly perform obligation of capital contribution,but alsothe demand for the better development of the corporation, as well as the purpose toincorporate the corporation. However, in practice, defect investment is not only affectthe company substantial invested capital and other shareholders’ benefits, but alsoaffects the company’s long-term development; in the mean time, it will bring manynegative effects to safeguard the interests of creditors of the company, increasing thedifficulty of asserting rights of creditors. There is no definite regulation about this inthe present law of our country, at the same time the theoretical studies have notformed unified views. The result of this is that there are different decisions in judicialpractice on the same issue and judicial unity is being seriously challenged. This paperbegins with a case, and the case also goes through the whole paper. The paper focusedon analysis and argument of qualification of a defective shareholder, defective optionexercise and liability. Also some understanding of the issues related from my point ofview. It is evitable that the defective equity possesses great practical significance.