Flaws Capital Contribution Equity Transfer Issue

Along with the rapid development of market economy, has given rise to a variety of thornylegal issues, leading to a series of market within its own rules can’t control. The drawbacks oflimited liability company investment equity transfer there are many legal problems. The normaloperation of the company, the equity transfer behavior occurs frequently, because of this, theshareholders when making capital contribution, in most cases will produce certain flaws. Thisarticle through to the company law and relevant judicial explanation to delve into, in order tosolve the flaws capital contribution after equity produce all sorts of problems.For the flaws capital contribution and interpretation of the concept of the flaws capitalcontribution equity, in order to explain clearly in the beginning of this article research object andall kinds of legal concepts related to the object of study. Defective capital contribution equitytypes, including investment and appropriate investment. Not investment refers to the false capitalcontribution of shareholders, smoke escape capital contribution, refused to investment andinvestment. Not appropriate investment, including investment item defective, not full specifiedamount paid, and delay in performance.Through the overview of qualification for shareholders, it has shareholders qualificationdoes not necessarily its capital contribution obligations on time full specified amount.Shareholders of capital contribution is not entitled to the necessary condition of defective capitalcontribution of shareholders is not because the behavior of its capital contribution flaw and, ofcourse, lose the qualification of shareholders. We should admit that flaws capital contributionshareholders of the qualification, but meet the qualifications to restrict.To solve and deal with disputes over contracts for civil liability caused by the problem,we should be the flaws capital contribution equity transfer contract effectiveness problem,in-depth studies and concluded that the correct judgment. As long as handle such theoreticalissues, can further solve the problem of other similar laws, or judicial trial will be unable toproceed. Including contract for "effective","invalid" and so on were discussed.About the type of the responsibility of the flaws capital contribution shareholders, mainlyhas the following three: liability for breach of contract; Full responsibility for the company’s capital; The liability to pay compensation to the company. Liability for breach of contract is acontract responsibility type one of the most often one of the most common type. And theprinciple of capital maintenance is the most essential requirements to the company under thecondition of the normal running state can ensure that the company has a certain property toengage in the activity of normal business operations.In the case of the interests is damaged, the flaws capital contribution of the bona fideassignee for relief, to safeguard the legitimate rights and interests of the assignee. And given thecancellation right, the right of recourse against the assignee, the right of defense and other rights,to give the assignee the best relief.