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Research On Shareholder's Capital Contribution Responsibility Under The Company's Registered Capital Subscription System

Posted on:2018-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:D W ZhangFull Text:PDF
GTID:2356330536967835Subject:legal
Abstract/Summary:PDF Full Text Request
Shareholders' capital contribution is the core of the company's capital system,and the complete rules on shareholders' capital contribution are not only related to the efficiency of capital operation,but also related to the protection of the interests of corporate creditors.Therefore,under the company's registered capital subscribed system,the shareholder's contribution is particularly important to the company's property rights and interests and the protection of the interests of creditors.Accordingly,the author thinks it is necessary to discuss shareholders' capital contribution responsibility under the subscribed capital system.This paper puts forward the necessity of the research on the shareholders' capital contribution responsibility by elaborating the legislative reasons of the shareholders' capital contribution under the current legal system,taking the shareholders' contribution responsibility under the registered capital subscribed system as the core.And this paper studies the legal risk of failure to perform the shareholders' investment responsibility and the protection of creditors,taking the investment responsibility arising since the company's establishment,in the company's business duration or in the bankruptcy proceedings as the textual context.In this paper,for the investment flaw in the company's establishment,the author focuses on the discussion of the shareholders' avoidance of investment responsibility in the new and old “Corporation Law” in the process of capital system convergence,and puts forward the legal solution of the shareholders' investment flaw according to the current effective law.Secondly,for the part of the shareholders' investment responsibility during the period of the company's operation,this paper discusses whether expiration of shareholders' investment responsibility can be accelerated the creditors concern about under the subscribed capital system,and makes analysis and explanation of the solution from the three dimensions of the Company Law,the Contract Law and the Civil Execution Procedure,and analyzes the feasibility of each solution by using relevant cases.Then,the paper discusses the shareholders' compulsory obligations in the bankruptcy proceedings of the company,and demonstrates the necessity of acceleration of the expiration of the shareholders' contribution responsibility in the reorganization procedure.Finally,the author puts forward suggestions on how to solve the problem of shareholders' investment responsibility by refining and summarizing,and hopes to put forward his/her opinions to solve the problem of re-balancing the shareholders' capital contribution term interests under the subscribed capital system and the protection of the interests of corporate creditors.The innovation of this paper lies in that the author comprehensively explores creditors protection of the shareholders' investment responsibility and the oversight of the existing law under the subscribed capital system,innovatively taking the company's establishment,the existing business and the bankruptcy procedure as the research frame,which means analysis of shareholders' investment responsibility taking the company's complete life cycle as a clue.
Keywords/Search Tags:Subscribed Capital System, Investment Flaw, Shareholders' Investment Responsibility, Accelerated Expiration of Investment Responsibility, Claim Right of Investment
PDF Full Text Request
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