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Research On The Abolition Of Limited Minimum Registered Capital

Posted on:2016-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:X XinFull Text:PDF
GTID:2296330479995407Subject:Law
Abstract/Summary:PDF Full Text Request
China has always had more stringent restrictions on the minimum registered capital of the company. However, this system has lost its purpose to protect the transaction at the beginning of establishment. It can not adapt to the economic development of our country and even had a block effect. Therefore, whether the company canceled the minimum registered capital amount has been a focus of the academic. On March 1th, 2014, the Company Law has canceled the minimum registered capital system of company. This measure conforms to the trend of the development of market economy and stimulates the vitality of the market. So, we should perfect the legal system as soon as possible and institute the correlative system has already become an urgent matter.The thesis consists of four parts:The first part of the paper, the author introduces the theories related to company minimum registered capital system. Clearly definite the concept of capital, the registered capital and the minimum registered capital. On its basis, elaborates the differences between them. And then, discusses the formation and evolution of the minimum registered capital system. Analyze the main differences between regulations of two law systems from the aspect of different trend. Finally, introduces the historical evolution of the system of the minimum registered capital in China.In the second part, the author analyzes the causes of the abolition of the minimum registered capital system. The paper explores the justification of abolishing the minimum registered capital of the company. And enumerate the defects of the minimum registered capital system. Further illustrating the influence that the abolition of the minimum registered capital of the company.The third part, the author proposed the subsequent problems to abolish the minimum registered capital of the company. The paper includes the company’s own problems and the influence of external problems after the cancellation of the minimum registered capital. Introducing the phenomenon of erecting the company, the market transaction risk increases, the protection of the interests of creditors is too weak and government administrative tasks is so heavy.The fourth part, through the above reviews, combined with national conditions and practice in our country, for preventing and controlling the possible problems which may exist in cancelling the minimum registered capital system, the author puts forward the following measures. It mainly contains transition from the idea of capital credit to idea of asset credit, the perfecting of legal system of coordinated sets of measures of the company law.
Keywords/Search Tags:Minimum registered capital, Company credit, the interests of creditor
PDF Full Text Request
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