The Cognizance And Prevent Discussion About Shareholders Withdrawal Of Funds

The author discovered that withdrawal of funds in market economy repeatedly endures not only, investigate its reason, one is the shareholders dishonest actions, the second, it is to our country law to ban smoke escape capital contribution of the provisions appear too humble. This legislation pallet mainly manifested in two aspects:first, the lack of an objective evaluation standard, lead to in the judicial practice it is difficult to all manner of smoke escape capital contribution that behavior. Second, the lack of advance guard restriction, leading to ex post facto accountability is difficult to make up for the company itself, the shareholders of a company, and the company creditor actual rights. Therefore, this article studies the main content to have two:one is the study of how to shareholders withdrawal of funds behavior of the determination, the second, it is to research how to prevent smoke escape capital contribution.This paper is divided into three parts, the first part to shareholders withdrawal of funds behavior of the research, the author in many cases on the basis of summing up the smoke escape behavior unique features, the occurrence of time, procedures, the nature, the responsibility main body are summarized, and thus further to its behavior three elements:subject, object and content of behavior were discussed, it is concluded that eliminate smoke escape capital contribution must meet two conditions of the conclusion:one is to pay a reasonable price, the second, it is used for the company production and operation, both are short of one cannot. The second part to our country about smoke escape capital contribution of the legislative status were introduced, analyzed the current legislation problems: one is the civil liability is not specific, the second, it is judicial interpretation and administrative provisions conflict between. The third part is to prevent smoke escape capital contribution, in this part, the author from strengthening the company credit material foundation, to maintain the company’s capital constant Angle, to perform his obligations to the company objective conditions and subjective intend to frame, from internal management and external supervision two aspects to carry on, to perfect the corporate capital system, and improve the company information disclosure system, deepening the research on corporate governance structure, especially puts forward with our country shall establish a social credit system adapt to the assets credit mechanism, and based on this, the author puts forward the countermeasures against the company, in order to achieve perfect corporate governance structure, improve the company credit, to protect the purpose of creditors.