Defective Capital Contribution Shareholders Liablility For The Company’s Creditiors

Shareholder’s defective capital contribution has been a popular topic in recent years, because the shareholders’ capital contribution through the development of the company, always has profound significance for the company. The company’s shareholders if not in accordance with the law or the provisions of the company’s articles of association, fully fulfill their capital contributions to against the interests of other shareholders and the development of the company caused damage, and also as a third person for adverse impact on the interests of creditors. With the diversified development of market economy, various novel way of investment have sprung up, and the investment behavior of people also will increase, the problem of defective capital contribution is conveniently. On the one hand, affect the company’s daily operation, on the other hand, for the healthy development of market economy can be harmful, but also the erosion of the whole social credit system. Therefore, the flaws capital contribution shareholders liability for the company’s creditors issues in-depth study and discussion is imperative.Mentioned in this paper from the following four aspects of the study:the first part is about the meaning of the flaws capital contribution and definition and analysis of the form. Mainly from the definition of defective capital contribution to the classification of the flaws capital contribution and do detail form, for below are involved about the flaws capital contribution of shareholder responsibility problem provide the foundation of research for the company’s creditors. The second part of the flaws capital contribution shareholders liable to the company creditor’s legal basis for the research. This part firstly introduces the flaws capital contribution shareholders bear the responsibility, the basis of the theoretical basis, the second through the relevant provisions of the company law shall undertake liability for its legal basis for the description. The third part mainly discusses the flaws capital contribution shareholders to the company creditors is a kind of supplementary compensation responsibility, rather than a general sense of the common liability to pay compensation. This part from the character of the flaws capital contribution shareholders as a starting point, then how the flaws capital contribution shareholders liable to creditors, and from two aspects:the scope of responsibility and the way, on the deep discussion. The fourth part is the relevant personnel of the joint and several liability to the company are analyzed, and relevant personnel of the flaws capital contribution of shareholders dispute liability issues, such as company directors, senior management personnel and other shareholders, etc. Analysis of the joint and several liability.