Judicial Determination Of Shareholder's Investment Responsibility Under Capital Approval

In 2013,the capital system of our company began to adopt the capital contribution system.Under the new registered capital system,the problem of the assumption of the shareholder's capital contributions became more complicated.The most prominent issue is the acceleration of the expiration of shareholder's capital contributions.In the case of Guomoumou,Xiaomoumou and Company B,the parties disputed whether,in the case of non-insolvency,the creditor could request the shareholder to expedite the expiration of the term to assume additional liability.The capital system of the company,the dual protection of the interests of the shareholders and the interests of the creditors,the principle of commercial trust,the relativity of the contract,the law of the shareholders 'investment obligations,and the shareholders' capital full liability all require the shareholders 'investment to accelerate the expiration.In judicial practice,by expanding the application of China's corporate liability property system and interpreting Article 13,paragraph 2,of the Judicial Interpretation of Company Law(III),the principle of fairness and the principle of good faith in China's Civil Law General Provisions can be applied.In tandem with the "Implementation of Supplementary Provisions" and the improvement of China's company law and regulations and other four legal paths to achieve.