Study On The Issue About The Disregard The Corporate Veil In The Case Of Undercapitalization

The amendment of the Company Law gave the undercapitalization new connotation.The relationship between the Undercapitalization and disregard the corporate veil has changed.At this time,the capital should be replaced by the paid capital,and compare it with the actual size,nature and risk of the legal entity so as to measure whether the company has "sincerity" and consider the registered capital and net assets in the specific case.Based on the existing problems that includes the lack of capital in the application,the unclear definition of time and premise,and the confusion of shareholder' s civil liability,in different circumstances can be applied to different " Undercapitalization " that time nodes and different " Undercapitalization ".Only clearly defined the premise of the standard and liable issues of shareholder can determine whether the application of capital significantly is inadequate,and then deny the legal personality and confirm the responsibility of shareholders.In particular,the current laws and regulations should be applied to distinguish between the significant shortage of capital and flaws in the shareholder responsibility about the responsibility of the creditors.The nature of the liability that the shareholder should bear is fundamentally different of both cases.In accordance with the legal personality that denies the principle of prudent application and protection of the interests about creditors,it should strictly control the standards and specific cases should have specific analysis.