A Study On The Legal Issues Of Defective Equity Contribution

The defect of equity contribution is a kind of representative cases in the dispute of capital contribution flaw.In this paper,combined with the "company law" and the introduction of the "company law"(three),based on a broad perspective,the problem of system.This paper's writing ideas are very clear,by defining the concept of defective equity investment.First,a clear definition of the core concept of defective equity,based on the definition of the concept of defective equity,the actual shape of the defect equity capital contribution.At the same time,in the first part of the performance and characteristics of a specific case of defective equity capital contribution to the intuitive description.In the form of equitycapital is mainly divided into three kinds in the dissertation are mainly around the three forms of expansion,including the legal responsibility of the parties also follow this classification.Secondly,the core content of this paper and my constructive suggestions in the second part,that is,how to avoid the shareholders with a defective equity capital contribution to the design and improvement of the procedure.This part mainly is firstly defined the relationship between defective and equity flaws,even if shareholders equitycapital also does not necessarily lead to the loss of the rights of shareholders,but the integrity of the rights of shareholders will still be affected.But even if the restrictions on the rights of shareholders can not fundamentally reduce equitycapital risks,so eventually to rigorous design from the source of equity contribution of the program,to the maximum extent to avoid the occurrence of defective equity investment behavior.Finally,this article has not forgotten the legal important function,is carries on the appraisal to the legal behavior potency as well as to litigant's legal responsibility to carry on the investigation.China's current legislation of equity contribution is still not enough,and in the face of equitycapital disputen spite of this,the author makes a relatively complete discussion in the last part of the thesis is equitycapital the legal responsibility of the parties,for the parties in the stage without requirements put forward their own proposals to bear responsibility.