Research On Accelerated Expiration Judicial Application Of Shareholder's Capital Contribution Obligation

Amended from the Company Law of 2013,Established a capital subscription system,The specific contribution arrangements to the shareholders at their own discretion,Making the shareholders very flexible period of funding,The law does not make too many mandatory requirements for it.Undeniably,on the one hand,this measure greatly stimulated the enthusiasm of the public for investment,promoted the flow of social funds,On the other hand,however,the important impact of shareholder's contribution to the protection of creditors' interests is lost and lost.All these make the shareholders fully enjoy the benefits of the capital contribution under the subscription system while the interests of creditors fall into a more unfavorable situation.Especially when the company is unable to repay the affairs,the benefits of the capital contribution period based on the funding arrangements have not yet expired,and how to remedy the creditors becomes the hot topic in academic and even judicial practice at present.in the non-bankruptcy of the company,whether the creditors can accelerate the maturity of the system requires shareholders to fulfill their obligations in advance to clear the debts,is the important thinking of this paper to explore the protection of the interests of creditors.Based on this,the article aims to conduct in-depth analysis and demonstration from the following four parts,the specific framework of the wording is as follows:The first part,based on practical cases,the first case analysis of shareholders funded obligations to accelerate the expiration of the introduction.It points out the predicament faced by creditors in the context of capital subscription and further points out whether the contribution obligations of shareholders can be accelerated at non-bankruptcy.At the same time,seemingly conflicts and contradictions in the system of capital contributions to shareholders under the system of accelerated payment due to capital subscription are removed one after another,further demonstrating the inherent harmony and unity between the two.The second part,analyzing the legitimacy and necessity of accelerating shareholder's contribution obligations.Based on the rich theoretical knowledge under the jurisprudence,law and economics of law,and commercial law,this article analyzes and justifies the legitimacy and necessity of accelerating the application ofshareholders' investment obligations due to maturity.The third part,is the analysis of the applicable path of shareholders' investment obligation to accelerate expiration.Further consideration based on the provisions of Article 35 of the "Bankruptcy Law",Aiming at establishing a suitable path for shareholders' investment obligation to expire in non-bankruptcy cases.Retrieval Based on Judgment Cases,Using It as Research Basis to Extract Funding Obligation to Accelerate the Application of Due Maturity in Judicial Practice.At the same time,autonomy through the meaning of the Articles of Association,agreed to shareholders funded subscription,it can also be agreed under certain circumstances,shareholders lose the benefits of the investment period,the need to fulfill the funding obligation in advance,and thus establish the corresponding mechanism of call.In addition,the theory of the "Company Law" is analyzed in a scientific and rational way,and the theoretical idea of accelerating the application of the maturity system by shareholders' contribution obligation is explored.The fourth part,is the analysis of the difficulties in the application of accelerating shareholder's contribution obligation.This paper mainly discusses the issues such as the understanding of the legal effect of the agreement of the shareholders' capital contribution period,the failure to recognize the standard of the the foreign settlement,the dispute over the range of the non-invested capital and the competition between the accelerated expiration and disregard of corporation.The purpose of this article is to clarify the problems existing in the system in the specific application,to break through the obstacles in practical application,to better realize the interests of creditors and achieve good social effects.