Research On Limitation Of The Voting Rights Of Defective Capital Contribution Shareholders

It is clear that it is not enough to solve the problem of the defect of capital contribution through bearing the corresponding liability for breach of contract and the obligation to pay the capital contribution.To better supervise the shareholders in a timely manner to make up their contributions,they should be appropriate restrictions on their voting rights,in order to indirectly affect their gains in the company,so that they will take the initiative to fulfill the obligation to maintain the interest of company and other shareholders.The purpose of this paper is to discuss whether to restrict the voting rights of the defective shareholders and to provide corresponding countermeasures for the specific ways to restrict them.At the beginning of this paper,it mainly elaborates the meaning and related type of the defective investment and discusses whether the defective investment will affect the qualification and rights of shareholders.In the second part,we analyze the rationality of voting rights restrictions.First of all,to discuss the case of investment flaws,whether a certain type of rights of the shareholders should be limited.Secondly,it analyzes the connotation and characteristics of voting right,draws the conclusion that it belongs to the basic rights of shareholders,and analyzes whether it belongs to the type of equity that should be restricted.Thirdly,according to the relevant legal principles,legislative objectives and charter conventions,the defective shareholders exercising the full right to vote is lack of reasonality.Finally,it expounds the positive effect of restricting the voting rights of shareholders.Next,it specifically elaborates that who propose to restrict the voting rights,and whether it is reasonable and feasible.In addition,according to the order from the inside to the outside,it is proposed to restrict the voting rights through the form of articles of association,shareholders' resolutions and laws or regulations.At the end of the article,combined with legal provisions and corporate governance,make a suggestion to improve the voting system.At the same time,in order to do a good job after restricting the voting rights,we give rationalization proposals of improving the system of restoring voting rights and the shareholders removal.