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Justice Applies Of Lifting The Veil Of Incorporation About Funded Flaws

Posted on:2015-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:L Y ChenFull Text:PDF
GTID:2296330467969339Subject:Law
Abstract/Summary:PDF Full Text Request
System of incorporation, with features of limited funding by shareholders andindependent liabilities of companies, has greatly encouraged investment initiative andpromoted economic development. However, what is inevitable is that fully advantages willbe taken from the doctrine of incorporation by partial shareholders in order to seek forillegal benefits and against the interest of creditors. With the purpose of avoiding theinfringement of creditor’s benefits and preventing evasion of obligations,a veil ofincorporation is assumed to drop between the company and its shareholders.Meanwhile,the revised “Company Law2005” in China clearly defined this system instatute form. Years of judicial practice elaborates that lifting the veil of incorporationactually has met the needs in the field of corporate disputes, but also there may be a lot ofimprovement. Nevertheless, new challenges show up as the reform of registered capital in2013. This report is trying to state the new circumstances of lifting the veil of incorporationfrom the perspective of theory and practice. Therefore, the paper will firstly explore thetheoretical basis of the corporate veil system. Then the background of registered capitalsubscribed system is going to be analyzed. After that,a research of legal application ofdefective capital will be conducted. Finally,issues about the achievement of legal liabilityshall be discussed.
Keywords/Search Tags:lifting the veil of incorporation, doctrine of incorporation, limitedliability, funded flaws, registered capital subscribed system
PDF Full Text Request
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