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The Research On The Information Disclosure System Of Limited Liability Companies And Non-public Corporations

Posted on:2017-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:X L WangFull Text:PDF
GTID:2296330485479086Subject:Law
Abstract/Summary:PDF Full Text Request
In 2003, "The Corporation Law" defines that company capital system will be changed into subscription capital system from compromised capital system. The minimum registered capital and the statutory capital verification procedures of Limited Liability Company are cancelled, so as to encourage investment management, make market economy prosperous, and stimulate the market vigor. However, as the new regulations do not have relevant rules to ensure supervision of the company, which makes the creditors’ interests lack of protection. In this paper, the author suggests that we should set up specification model of public disclosure of information through the establishment of enterprise information disclosure system, so as to provide reliable legal protection for the creditors’interests and perfect the legal system of our country’s economy.This paper consists of six chapters.The first part talks about the application of the information disclosure system in our country at present. In China, the current information disclosure system includes mandatory disclosure and voluntary disclosure system of listed companies and non-listed public companies. This part mainly studies the mandatory disclosure system of listed companies, and it introduces the principle content, form and legal responsibility of mandatory disclosure.The second chapter states the relevant theories of information disclosure system of the United States and the European Union. And it briefly discusses its system of protecting creditors’ interests.The third chapter mainly talks about problems coming across in the protection of creditors’ interests defined by the new "Company Law", and then stresses the necessity of setting up information disclosure system for the non-public stock company and Limited Liability Company in our country. Moreover, in chapter four, mandatory disclosure system frame of the non-public stock company and Limited Liability Company are studied.Chapter four is divided into five parts, which respectively makes an introduction to the principle, subject, scope, pattern and practicality investigation of mandatory disclosure system. And the scope of mandatory disclosure is emphasized.Chapter five briefly discusses the development direction of voluntary disclosure system of Limited Liability Company and the non-public joint stock company.In the last chapter, based on supervising pattern, the author studies how three supervision ways including the social public supervision means, administrative means, and legal means effect enterprise information disclosure regulation.In the conclusion part, that author makes a conclusion and summarization of what have been studied above.
Keywords/Search Tags:the Creditors’ Interests, Mandatory Disclosure, Voluntary Disclosure, Supervision
PDF Full Text Request
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