Study On Company Creditors' Interests Protection Under Registered Capital Subscription System

Corporate capital system is the core of corporate law,but also the focus of corporate law reform.At the end of 2013,China made a large change to the Company Law,the reform makes the company's registered capital has undergone significant changes,completely subversion on the "Company Law" originally provided by the capital system,the company's registered capital from the previous contributed t system to subscription system.Now under the system of subscribing to this system,the government industrial and commercial administration registration department for the company's capital registration greatly relaxed,to the company registered the main convenience,relax the company registration documents.Things have two sides,the company implemented the registered capital subscription system,the shareholders of the right to expand,shareholders can subscribe for their own amount of investment,duration and so on.But the reform of the company's creditors to protect the interests of the system did not mention,so that the interests of shareholders and corporate creditors interests become imbalance.Therefore,it is an urgent task to explore the protection path of creditors and to balance shareholders'interests with the interests of corporate creditors.This article is divided into five parts on the company's capital subscription system under the protection of the interests of creditors to explore the issue.The first part is the summary of the company's capital recognition system and its creditors' interests.The part points out the specific meaning of the system of capital recognition of the company,and analyzes the capital type of the system.This paper expounds the specific meanings and types of creditors,and expounds the importance of protecting the interests of creditors.The second part is the present situation and the problem of the protection of the creditor's interests by the company capital.This part analyzes the current changes of the creditor's protection in the old and new law,and interprets the protection of the creditor's interests under the new system.The part also analyzes the problem of creditor protection ignored by the system,and analyzes the present situation and the deficiency of the protection of the company's creditors under the new system.The third part is the protection system and revelation of the creditor's interests by the outside companies.This part compares the relative system of foreign creditor protection,analyzes the advantages of foreign system,and provides reference for the improvement of relevant supporting measures.The fourth part is under registered capital subscription,suggestions to improve the protection of creditor's interests.Through the discussion of the first three parts,we can see that there are many problems in the new capital system,and the auxiliary measures of the related system are lacking.This part is mainly through the protection of foreign creditors countries.How to protect the interests of corporate creditors including the establishment of a call to pay the system,improve the information disclosure system,corporate personality denial system refinement,legislation to regulate the directors' s fiduciary duty,create creditors to participate in corporate governance mechanism,the introduction of deep stone principle.