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Research On Accelerated Maturity Of Shareholders’ Capital Contribution In Paid-in Capital System

Posted on:2018-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuFull Text:PDF
GTID:2346330542959146Subject:Law
Abstract/Summary:PDF Full Text Request
How to realize the full protection of the creditor’s interests on basis of paid-in capital system,as well as to protect the basic principle of self-government of company,has become an urgent problem to be solved.Based on this background,this essay makes a study on the problem of accelerated maturity of shareholders’ capital contribution.The essay firstly defines the concept of accelerated maturity and of capital contribution,gives a review of the current legislation,then elaborates the current disputes which focus on the issue of accelerated maturity.On the analysis of related problems and controversy,aiming to solve "the accelerated maturity problem under non-bankruptcy and non-dissolution circumstance ",this article analyzes the limitations of current accelerated maturity systems which are in the bankruptcy law and in the dissolution system;at the same time,it analyzes the limitations of methods proposed by scholars,such as directly adding the accelerated maturity system under non-bankruptcy circumstance,the subrogation,the system of piercing the corporate veil,the principle of honesty and credit,and the shareholder supplement responsibility,none of the above paths can solve the accelerated maturity problem alone.In the end,this essay chooses the idea of "perfecting current bankruptcy accelerated maturity system" to perfect the legislation,and explains the reasons,then put forward some concrete suggestions.In addition,to solve the problem of accelerated maturity problem in a long run,this paper also proposes to take the extraterritorial legislation as reference which introduce the obligation of company to reminder which introduce the obligation of company to reminder.
Keywords/Search Tags:Shareholders’ Capital Contribution, Accelerated Maturity, Bankruptcy Procedure, Reminder Obligation
PDF Full Text Request
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