Research On The Accelerated Expiration System Of Shareholders' Contributions Under The Capital Subscription System

In 2013,the company law of China made a bold and drastic revision,abolishing the statutory minimum registered capital of the company and abolishing the limitation on the period of investment by shareholders.Shareholders and the company can freely agree on the period of investment,and the law will no longer intervene forcibly.Although this move conforms to the trend of The Times and provides impetus for mass innovation and entrepreneurship,the design of this system does not take into account the interests of creditors.Under this reform,the relief of creditors has become the focus of discussion in the judicial circle.Based on the consideration of this problem,this paper analyzes whether shareholders can assume supplementary liabilities to corporate creditors by accelerating the expiration of their investment obligations during the existence of the company.In addition to the introduction,this paper is mainly expanded through five parts.The first part is about the challenges to the interests of creditors under the background of the reform of subscription system.This part mainly analyzes that it is more difficult for creditors to judge the company's investment and assets in judicial practice due to the cancellation of the legal minimum registered capital and the limitation of investment term after the reform of subscription system.When the shareholders' contribution is not made before the deadline,the creditors can not get relief through the company law,contract law and bankruptcy law,and the protection of creditors' interests is faced with serious difficulties under the legal framework of our country.The second part is about the necessity and feasibility of accelerating the maturity of shareholder contribution obligation.This part mainly introduces the cases and analyzes the theoretical differences on the feasibility of the accelerated maturity system.Combined with the provisions of foreign laws on the above issues,this part puts forward the arguments on the feasibility of the accelerated maturity system.The third part is the judicial application of the expiration system of shareholder's contribution obligation.This part mainly analyzes the legal basis and the constitutive elements of the acceleration of the expiration of the shareholder's contribution obligation to solve the applicable problems in practice.