Research On Legal Issues Of Shareholders’ Defective Capital Contribution

Defective contribution shareholder equity transfer of commercial activities in our country are abundant, is caused by differences in the field of corporate law is a major risk, is defective contribution shareholder fails to perform or improper performance of obligations arising from capital contribution. Not fully funded and non-funded investment and the formation of defects, the most direct damage caused by the impact of the company’s capital adequacy, capital of both the company and fulfilling the prerequisite for a well-functioning, but also to ensure the company’s credit. Although the "Company Law" to shareholders defective contribution to the corresponding provisions of the problem, but our country has not been on the follow-up matters defects caused by the transfer of shares invested to develop comprehensive legal norms, there are some problems in practice. Therefore, it is necessary to strengthen the theory, but also consider the practical problems encountered in the judicial practice, the defective share transfer process, the issues involved more, this article will discuss the "defective contribution limit shareholders’ rights," " How to civil liability arising due to defective contribution should assume ", " Shareholders defective contribution to the transferee has knowingly financed flawed judgment, " and other issues. In theory be explored practical ways to contact an effort to address the confusion faced by our judiciary.Taking legal issues Renton v. Apple hundred Yi Trading contract disputes involved, for example, by parsing and discuss academic issues related to the case of a differentiated defective contribution limit for its shareholders equity, responsibility, Specific measures "goodwill" of the assignee identify rationalization proposals and other issues are given in order to achieve such an effect by exploring these issues, that is, when the company faced legal problems "defective contribution" when you can easily find the resolve of the road, The company makes a smooth, orderly development, thus saving a huge amount of litigation costs. Firstly, Apple lawsuits will Langton hundred Yi commerce elaborated, analyzed and summarized focus. Secondly, limit the rights of shareholders, the article from the formal requirements and substantial elements of two point of view, to what extent should restrict the rights of shareholders put forward their own proposals when defective contribution shareholder. Again, for the case of Apple’s debt creditor Langton, who should bear, bear responsibility for how elaborate, it is true extent of the law in this regard efforts are great, but there are still applicable on the ills. In the end, the author finds that the problem "goodwill" of the assignee discussed article.