The Study Of Capital Contribution Period By Shareholders Under The Capital Subscription Regime

In 2014,the reform of the Company Law made capital reform from the installment system to the full subscription system.The contents of the reform included the amount of capital contribution,capital contribution,capital verification and certification.The purpose of the reform is to reduce the threshold of the establishment of the company and the difficulty of setting up the company.In this way can enliven China's economic market.The reform improves the entrepreneurial environment,stimulates the market,and effectively alleviates the pressure on employment market.However the reform is too huge,coupled with the compact time,so the reform did not improve the system design and related supporting follow-up measures.Under such a background,the creditor benefit protection problems become the focus of the academic discussion.And then on the shareholders' capital contribution period problem also launched a heated debate.The author thinks that the core content of the reform of the subscribed capital contribution is the shareholders' capital contribution period.Shareholder capital contribution period in the process of the whole company law reform play an important role,as well as to the effect in practice.Full liberalization of capital contribution period,really is without any limitation,and creditor protection problems deriving from the shareholders' capitalcontribution period problem,in practice,whether or not pay attention to the interests of the shareholders' capital contribution period? Thus the author analyzed problems of the investment period from the surface to the line again to point.Firstly the thesis mainly introduces the reform of the system of the company law capital.In the first section,the thesis focuses on the background and the content of the company law of 2014 and the necessity of the reform of the Company Law is drawn.The second section summarizes the contents of the reform of the Company Law in2014 and analyzes the reform one by one.In the third section,the implementation of this reform is analyzed,and the problems that emerged after the reform are analyzed.And finally when the investment period interests of shareholders are conflict to the interests of the creditor's,the thesis compares and analyzes them from the practical and theoretical aspects.The second part is the agreement and change of the term of contribution.In the first section,the thesis analyzes the nature of the term.The thesis thinks that the term of the shareholders' contribution is the time right given by the law to the shareholders.It is involved in the issue of time,and not involved the real amount of shareholder funding.Section II is the agreement on the term of contribution.In this section,the thesis makes an analysis from point of view of the civil law and commercial law.Also the thesis sticks into the effectiveness of a hundred years of funding issues from the essence and form.If there is no agreed period of funding,how do the shareholders fulfill their obligation the author of the perspective of non-term debt? Section III is the change of the term of contribution.Mainly divided into two,one is the advance period of funding;the other is the extension of the investment period.Whether the shareholders can arbitrarily change the funding period? Advance payment of capital and malicious extension of the funding period are invalid or not.The thesis believes that the advance and extension of the shareholders' contribution period should be judged in the case of subjective intentions.If the shareholder is to evade some responsibility in advance or extend the capital contribution period,then such a change should be invalid.The third part is the study of the maturity of the term of contribution.Thischapter explores two situations------normal expiration and accelerated expiration.In the accelerated part of the period,it is divided into the case of the company in bankruptcy and non-bankruptcy.Focusing on non-bankruptcy,the thesis studies the accelerating expiration.Finally,the situation described the relationship among the interests of shareholders and the interests of the company and the creditor's interests as a perspective.The last part is the summary.In the case of conflict of interest between the creditor and the shareholders,the author classifies the different cases through the summary of the case.In these cases,the thesis compares the difference between the two kinds of interest.