Study On The Legal Problems Of The Withdrawing Shareholders

The company capital is not only the material basis of running a company, but also theimportant guarantee for the realization of the creditors’ right of the company. And theshareholders’capital contribution, as their most basic obligation, should comprise the mainsource of the company capital. However, in fact, it has often happened that theshareholders use different means to withdraw capital. Violations of the withdrawingshareholders not only damage the property right of the company and the interests of thefull fundedshareholders,but also do harm to the interests of the creditors of the company.Inthe first chapter,it talks about the overview of withdrawing capital behavior,including theconcept of capital flight and its differences, characteristics and harm,compared with otherrelated concepts.In the second chapter,it talks about the recognition ofthe withdrawingshareholders,including the analysis of the elements of the capital withdrawing from thesubjective and objective aspects,and the focal description of the presentation of thecapital flight to further identify it.In the third chapter,it analyzes the civilliability of thewithdrawing shareholders combined with the relevant laws and regulations and relevantsuggestions.