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Information Publicity System Research Company Registered Capital System Under Reform

Posted on:2017-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y K WangFull Text:PDF
GTID:2336330503471486Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In mid-2014 on March 1, "Company Law" amendment formally implemented,relax controls on the company's capital system, highlighting the autonomy property company registered capital to shareholders, the factors that the market should play a decisive role completely activated, and has become the company's capital basic value system reforms. The newly revised Law abolished the restrictions statutory minimum registered capital, while the removal of shareholders when the company was founded(sponsor) and the aspect ratio of the initial capital contributions paid funded deadlines limitations of this change is the traditional concept of corporate law major challenges and achieve capital subscribed by the paid-up into a series of measures must follow in order to protect the interests of creditors and transaction security, namely in achieving efficiency at the same time be able to take into account the value of transactions.Immediately after the Law amendment, "enterprise information publicity Provisional Regulations", "business abnormal Directory Management Interim Measures" and "serious violations of dishonesty list of companies Interim Measures(draft)" have been put forward, subsequent publicity about the enterprise information The more rigorous and detailed related approaches, rules will be announced closer, the ultimate goal is the balance of efficiency and security value.But now the relevant provisions of the existing situation, to effectively protect the interests of creditors in the existing framework, to maintain the security of transactions, measures need to be further improved, namely: First, should the information publicity system, the introduction of agency review mechanism to ensure that public information is true; secondly, should establish a commercial credit rating and punishment mechanism, low and poor credit rating company, if longer-term capital to pay, should be accelerated payment of registered capital; Third, standardizethe civil liability of directors, publicity director Information and performance of senior management, to achieve the company's standardized and transparent management; Fourth, giving creditors the right to sue and the investigation of the company, to ensure timely, effective, giving creditors an effective remedy ex post public information.I believe that, how to effectively solve easy transaction, fast transaction security and this contradiction, in our Commercial legislative activities is extremely prominent,canceled the legal capital system, by the paid-up capital into subscribed, increasing the measure of business on the surface difficulty scale, transaction and risk, in fact,through continuous improvement of enterprise information publicity system, to play its proper system function, in the big trend of the Internet and the rapid transfer of information technology and development, it can be very effective in reducing the commercial transactions participants Decision Risk and choose cost, and ultimately decisive role of the market in commercial transactions activities.
Keywords/Search Tags:registered capital, Contributed system, subscription system, infor mation disclosing
PDF Full Text Request
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