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The Company Registered Capital Registration System Under The Subscribed Capital System In China

Posted on:2017-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:Q MaFull Text:PDF
GTID:2336330485481788Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Under the condition of market economy,the reform of our country's company registered capital registration system is the inevitable choice of connect with international.With the reformation of commercial registration system spreading out all over the country,the modification of registered capital relevant regulation in the company law is inevitable.The company registered capital system reform of 2013,formed the subscribed capital system.The company registered capital registration system reform of 2014,broken the capital credit myth. Combining capital formation and the actual operation of the company,more in line with the nature of the company's profit. Company registered capital registration system under the subscribed capital system,giving the company investors were more relaxed conditions and greater freedom.However,in the more freedom behind,there are also many problems.Such as how to strengthen the supervision of matter and supervision of afterwards.The moderate intervention of public power is essential.The registered capital registration system should not only play the function of publicity and archival filing,but also play a role in the basis of evidence and regulatory evidence for the acts of damaging creditors,small and medium shareholders and public interests.The research on the reform of the company's registered capital registration system can not be separated from the company's capital system.Starting from the typical company capital system,the paper defines the related concepts of the registered capital registration system. The three models of the typical capital system are compared,and analyze the change of the capital system mode from the statutory capital system to the subscribed capital system of China's capital system model.Investigating the development and change of the registered capital registration system in China in recent years,then comments on the theory and practice of the reform of the company registered capital registration system.The article analyzes the great influence of the capital system to the registered capital registration system of our country,and the problems of registered capital registration system reform in practice.It is believed that the relaxation of registered capital registration will not fundamentally change the capital contribution obligation of shareholders.Especially the strict control of a wide range of practice, we need to formulate a series of supporting measures to protect under the clear pursuit of value concept.In this paper,the supervision model of afterwards is the breakthrough point of perfection.The supervision model of afterwards will be refined as supervision of matter and supervision of afterwards. Around strengthening the supervision of matter and supervision of afterwards,the paper puts forward the corresponding recommendations to improve the company's registered capital registration system.Those,which include publicity perfection path, guarantee perfection path and supervision perfection path,would be selected to strengthen the supervision of matter.It will be strengthened from detailing company annual report, enriching security system to protect shareholders' investment,supervising the change of the company's articles and other aspects.Selecting the judicial perfection path to strengthen the supervision of afterwards.lt includes perfecting company personality denial system,expanding the scope of the crime of'two virtual one escape'and other aspects.
Keywords/Search Tags:subscribed capital system, registered capital registration, system perfection
PDF Full Text Request
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