Research On The Legal Problems Of The Equity Capital Contribution Of The Ltd Company

The specific model and the corresponding civil liability and responsibility commitment to make a specific summary analysis and induction.For the current judicial practice in the existing problems also put forward their own ideas and views.First of all,due to the rapid development of China's current economic form,monetary investment presents a diversified trend,due to the lagging nature of legislative activities,can not enumerate the form of defective equity investment and to regulate,so the judicial practice to determine the defective equity investment should Follow certain principles,namely,the principle of capital enrichment,the principle of balance of interests and the principle of efficiency and safety.The principle of capital enrichment mainly takes into account the fact that the company's assets are the economic basis of the organization's operation.Therefore,the investment of the defective equity investment as a non-monetary asset has a potential threat to the capital adequacy of the company.Therefore,it is necessary to judge whether the equity is defective.in principle.Followed by the principle of balance of interests,because the flawed equity contribution will have an impact on the interests of many parties,and there is a conflict between interests,so in the protection of the interests of all parties involved,we must take a balanced protection model.Efficiency and safety principle is to take into account the convenience of commercial activities and transaction security,in the future of the relevant provisions of the defective equity investment should always be based on this principle as the premise.Secondly,for the typing analysis of equity investment,the author mainly summarizes the nine models,namely,the equity contribution,the undervalued equity,the transferable right to exist defective equity,the establishment of the pledge of equity,not in accordance with the actual payment Term equity in the performance of the equity obligation,the equity interest in the transfer of the equity does not fulfill the obligation to notify the other shareholders of the right to pre-emptive rights,has been in the equity valuation or verification and registration of these procedures may lead to problems arising from the use of equity.Thirdly,the author analyzes the civil liability of the defective equity investor,which is divided into the responsibility of capital enrichment,the liability for breach of contract for the shareholders who are in place,and the supplementary liability for the creditors of the company.In the end,the defective equity investor has created a potential business risk or has caused damage to the stakeholder involved in the act of the defective equity contribution,and it should be a result of the unfavorable legal consequences,mainly for the exercise of the shareholders' equity of the defective equity Restrictions,and how to take responsibility for the company,for the creditors and for other shareholders of civil liability.