Research On The Interest Protection Of Company’s Creditor

Abstract：The Company Law of the People’s Republic of China has carried onreform and innovation on March1,2014, in which it had changed a lot on theRegistered Capital System.In part, it had turned over the traditional Legal CapitalSystem. These changes are performed as follows: canceling the requirements of thestatutory minimum registered capital and capital verification system, turning paid-inregistration system into subscribed registration system and so on. On the one hand,these changes were going to bring lots of benefits and effects in the convenience ofsetting up a company, and would inspire the passion of entrepreneur.on the other hand,it would increase the risks for the creditors to choose the trading or loan company andget the corresponding compensation.Besides, it should be a great challenge to theprotection of the creditor’s interests’related system.Through the analysis of trial implementation of the subscribed registration systemin Shenzhen, Zhuhai, Shanghai and so on, on which happened in last year, we can drawthe conclusion that more shell firms and briefcase company are set up, which results inthe risks of secure transaction, as the increased subjects of market. Currently,there arelots of problems in the protection system of the creditor,for example, the improvedinformation disclosure system has not achieved,the integrity of duty of board directorsis difficult to clear, the company credit evaluation mechanism has not fully established,the system of disregard of corporate personality is not easy to achieve. Therefore, weneed to improve the internal structure of company.The article put forwards there are still have to continue to improving and perfectingthe reform of the capital system,for example,abolishing the legislative restrictions ofthe company’s investment form,limiting under par of the shares of the company andprohibiting the provide of the repurchase shares of the company’s.At the sametime,pitting forward that in order to protect the interest of the creditors,the primaryfactor is to improve the quality and administration of the internal staff,in the way ofprevent from againsting the interests of the creditor for the reason of the company internal problems.Once The Company Law of the People’s Republic of China hasrevised,The National People’s Congress has interpret the individual terms in thecriminal law rapidly,so the influence of the revision of The Company Law of thePeople’s Republic is major.Combine the related system of The Company Law of thePeople’s Republic,the existing judicial interpretation and related regulations,indicatingthat the crime of false declaration of registered capital,sham capital contributions orsurreptitiously withdraw contributed capital also are illegal activities.At the sametime,facing the exciting freely market environment,the government’s mandatoryrequirements and supervisions are disappeared,we must establish the rational creditor’seducation system to guide creditors to strengthen information recognition ability andself-protection awareness.Also put forward that perfect suggestions about exitmechanism of the company.The reform of registered capital almost changed the entire company law, inaddition,there are many impact that on the interest protection of company’s creditor incriminal law,civil law administrative law and other relevant regulation.So,whetherfrom the perspective of company law or other relevant laws and regulations combiningwith the new system environment,the paper analyses the systems and puts forwardfeasible suggestions that relevant and not perfect about the to protect the interests ofcreditor’s,expecting to perfect the protection of the interests of creditor’s on the newenvironment.