Research On Rights Restriction And Deprivation Of Defective Contribution Shareholders

As the basic obligation of shareholders, the contribution is the source of company capital, as well as the basic mode for shareholders to exchange shares. However, The defective contribution produces serious negative effects on company management, shareholders cooperation and the construction of the company's interest relations. Although currently the law and theorists are taking a positive attitude to qualifications of the defective contribution shareholders, it doesn't mean that the shareholders could enjoy the complete shareholder rights. In a word, if a shareholder's contribution exist defect, the rights of him should be defected.In addition to the introduction and conclusion, the paper is divided into four chapters. From the perspective of defective contribution, the first chapter firstly holds the opinion that defective contribution hardly shaken the qualification as a shareholder, yet different level of defect contribution would have different degrees of impact, on this basis, the concepts of " restriction on shareholder rights " and " deprivation of shareholder rights" are put forward. Secondly, the necessity of rights restriction and loss of defective contribution shareholders would be analyzed from three aspects:the shareholder relations, the company management and laws. At last, theoretical feasibility is discussed through the analysis of "the principle of shareholder equality", "rights and obligations consistency", " non-permanent of shareholder's qualification ". The second and the third chapters respectively discuss the specific content of the two systems of "restriction on shareholder rights" and "deprivation of shareholder rights". The second chapter focuses on which rights can be restricted and how to limit, based on the system just introduced to China not long, the third chapter focuses on the applicable premise, the resolution process, the consequences and so on. The fourth chapter is about "relief, firstly briefly introduces non-judicial reliefs, including remedies, consultation and withdrawal, then focuses on lawsuit, court review and the results.