Defects Liability Transfer Of Shares

Defective capital contribution refers to the sponsors or shareholders of companies to fulfill the obligation of capital contribution in the process, did not fulfill the obligation of capital contribution or fails to fully fulfill the obligation of capital contribution or fulfill the investment property defects etc. At present in our country the process of development of market economy, there are many defective capital contribution behavior, such as smoke escape capital, delaying investment. This behavior not only violated the company of the private property right, but also against the property of the company full system. Defective capital contribution is to obtain the shareholder qualification of the company, in the theory circle and practice circle have different opinions. Defective capital contribution one can transfer the defective equity is also controversial. The legal dispute of defective capital contribution arising after transfer of defective shares how to resolve also have different opinions.In this paper, two cases as the starting point, Discusses the concept of defective shares, Some countries are introduced about the flaws capital contribution behavior by legislation. Focuses on the validity of the defective equity transfer of the legal. From the legislative practice at home and abroad, the defective equity can be transferred, but there are different understandings transfer legal effect. This paper mainly analyzes the transfer of defective shares, the assignor, assignee of defective shares, company and other shareholders of the company how to bear the responsibility of defective equity. In addition, the defects of the assignee and the legitimate interests of creditors to protect made some analysis is also discussed.