Research On Risk And Legal Regulation Of Equity Contribution Under Perspective Of Chinese Law

It takes a long period that equity contribution is officially recognized, recognition of equity contribution is significant to enliven market economy and optimize allocation of resources, however the value of equity has a natural volatility, right defects concealment and other disadvantages, such as lag nature of information disclosure,meanwhile the equity contribution will cause the problem such as monopoly, cross-shareholdings and related transactions.To better solve these problems, the paper draws lessons from other countries legislation about equity contribution from the perspective of law, to explore risk resulting from equity contribution and the defects of existing laws in China, and put forward suggestions on the legal regulation of the equity contribution risk. In this paper, the text is divided into four parts:first, starting from the traditional definition of equity and equity contribution, analyzes the rationality and defects of the various definitions to put forward own definition, then discusses the definition of equity contribution, characteristics, classification and the classic cases about equity contribution and the legislation evolution in our country, clearing the basic concepts to pave the way for thesis; The second part aims at describing the eligibility of equity contribution from from the perspectives of legal theory, value and system to reveal its theoretical basis and advantages; The third part of this paper is based on the above argument, combining with some case studies, points out a series of legal risk caused by the features of equity contribution. The four part of the article firstly focuses on information disclosure, obligation of senior executives and equity value evaluation, puts forward the suggestion for the legal regulation before the equity contribution,then analyzes how to prevent the risk caused by cross-shareholdings and inflating capital and protect legitimate interests of shareholders and creditor, finally proposes suggestion on legal regulation of monopoly and cross-shareholding.