Font Size: a A A

Study On Several Problems Of The Company’s Capital Adequacy

Posted on:2017-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y WeiFull Text:PDF
GTID:2296330485499797Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The thesis takes the 2013 corporation capital system reform as the target to research capital adequacy problems.First of all, by analyzing the current situation after the reform,the thesis draws a conclusion that the company capital system can effectively regulate the investment of shareholders. Then the thesis expound the necessity and feasibility of the capital adequacy regime within the framework of company law in detail mainly from three sections:first, based on the application of the capital principle, establishing the shareholder payment system and perfecting the provisions of "Prohibiting the capital flights of hareholders " are good recommendations; second, to identify the substance of the shareholder loan behavior to judge whether the behavior is real or just a misconduct by which the shareholders can evade the obligation of contribution, and whether it will harm the interests of external creditors; Third, by analyzig whether "Significantly undercapitalized" can be the applied condition of "disregard of corporation personality" or not, the thesis probes into capital adequacy from the negative side exactly. But all in all, rooted in the legislation and business invironment, the analysis and reference of abroad experience of legislation and academic viewpoints,which can provide a new idea for our corporation’s capital adequacy.
Keywords/Search Tags:corporation, shareholder, capital adequacy, capital principle, shareholder loan, disregard of corporation personality
PDF Full Text Request
Related items