Shareholders' Equity Study Funded Liability Defective

The article27of company law make equity investment possible,at the same time,the third judicial interpretation of the company law make prvionsin for the requirements of equity investment.But,the stock rights have it own particularities.There are still many legal issues,the investment of stock rights have the defects,how to distinguish in the judicial practice.The defects of investment of stock rights not only injure the interests of the company,but also injure the interests of other shareholders and creditors of company.This paper start from the definition of the defects of investment of stock rights,then distinguish the specific situation of the defects of investment of stock rights,and the paper analyse the liablity the shareholders of the defects of investment to company,to other shareholders and to creditors of company.The paper is divided into five parts,as the following:Chaper one,the definition of the defects of investment of stock rights.The paper start from the connotation and characteristics of investment of stock rights,and analyse the connotation and characteristics of it.Then,the auhtor divided the defects of investment of stock rights into four different kinds:the investment of stock rights itself have the defects;the defects in the part of investment of stock rights;dealy of investment of stock rights;the process of the defects of the investment of stock rights,accoroding to quality,quantity, time and procedures of the investment of the stock rights.Chaper two,the distinguish of the defects of investment of stock rights.The paper analyze the principle of distinguishment of the defects of investment of stock rights.The distinguishment of the investment of stock rights itself having the defects,include with the illegal possession of the investment of stock rights,investment insufficiency of the stock rights,investment of the restricted stock rights and investment of the stock rights of the burden;The distinguishment of the defects in the part of investment of stock rights include the point of the value evaluation,the criteria of the value evaluation and the method of the value evaluation;The distinguishment of the dealy of investment of stock rights,analysised by according to current laws;The distigushiment of the process of the defects of the investment of stock rights,include the defect of the process of tansfer,the value evaluation,capital verification and the transfer the ownship of the stock rights.Chaper three,the liablity of the shareholders of the defects of investment to company.Firstly,the author analysis the nature of the liability to the company which is the liablity for breach of contract and tort liability. And next,the paper analyze the way and the composition of the liablity of the shareholders of the defects of investment to company.Besides,the paper hold the ideal that the investigated for responsibility with the direct way and derivative way.Chaper four,the liablity of the shareholders of the defects of investment to other shareholders.Firstly,the paper clarify whether the shareholders of the defects of investment have liablity to other shareholders.The author hold the ideal that the shareholders of it have liablity for breach of contract to other shareholders,according to the point of view of current law and academia.The contract may be the agreement of sponsor or the articles of company.Then the author analyze the composition of the liablity of the shareholders of the defects of investmentment to other shareholders.And next,the paper analyze the way and the composition of the liablity of the shareholders of the defects of investment to others.Besides,the paper hold the ideal that the investigated for responsibility with the direct way and derivative way.Cbaper five,the liablity of the shareholders of the defects of investment to creditors of company.The paper start from the analysis of the theory of the liablity to creditors of company.Then,the paper hold the ideal that the nature of the liablity to creditors is tort liablity,which is supplementary,limited and one-time.Then the paper analyze the composition of the liablity of the shareholders of the defects of investment to creditors of company,from four element of tort liablity.And next,the paper analyze the way and the composition of the liablity of the shareholders of the defects of investment to creditors of company.