| The new "company law" of China’s implementation of the reform of the capital system of the company,the registered capital of the company by the paid up system to the subscription system change, the credit foundation of companies has changed from the capital credit to the asset credit, the creditors of the company should be attention to the company’s assets to protect their own interests, so the information disclosure system should require companies to disclose information in a timely manner to the company creditors, especially the company’s assets information,which can reduce the cost of information collection, suggesting that the transaction risk to creditors, so as to achieve the purpose of protecting the interests of creditors. In addition, the subscription system, must be a typical case of type of denial of corporate personality system, especially to reflect on "the significant shortage of capital". For the voluntary creditors of the Corporation, should not be "significantly less capital" as the application of disregard of corporate personality is a type of system for the company, only in the non voluntary creditors under the circumstances, it can be used as a type of application of disregard of corporate personality system. In addition,the shareholder investment period has not expired, the company’s debt has expired and the company is unable to repay the debt, not disregard of corporate personality and shareholder shall bear unlimited joint and several liability for the debts of the company,at the same time, we should give the creditor of the company claims paid shareholders in advance not paid out the independent right of request.Finally, application of the disregard of corporate personality system is the legal consequence between the company and shareholders, and it is a kind of "joint liability" relationship between the controlling shareholders and small shareholders. |
