A Research On The Acceleration Of Shareholders' Capital Contribution Obligation Under The Subscribed Capital System

The implementation of the new Company Law in 2014 means that China has begun to implement a more thorough registration capital subscription system.The revision has given shareholders a great choice in the flexible funding system,but the great expansion of their rights has also led to an increase in the imbalance of interests with creditors.In reality,for shareholders' capital contribution deadline is not coming,there have been many such unpaid situations,and many shareholders have prolonged the investment period to 50 years or even 100 years.The emergence of such an abnormal investment period has greatly challenged the interests of creditors.Once the company is unable to pay off the debts,does the creditor have the right to request the shareholders who have not made the capital contribution to fulfill their capital contribution obligation in advance to bear the corresponding responsibilities? This is the topic of this article.In the introductory part,a typical case is used as a guide to lead to the topic of the article.That is,for the creditors,when the company is unable to pay off the debt which is due,whether they have the right to require the shareholders to perform their liability in advance.The first part researches the basic theory of the system of acceleration of shareholders' contribution liability.Firstly,the concept of the system is defined,that is,under which types of circumstances,the system of acceleration of shareholders' contribution liability is applicable.After that,the legitimacy of the application of the system is analyzed in depth.That is,the article explains why this kind of system can be applied.The second chapter mainly analyzes the necessity of the system,which is to explain why this kind of system needs to be applied.Firstly,it analyzes the judicial dilemma in applying our current Company Law,and then discusses the limitations of other existing legal systems.Finally,it summarizes the superiority of the system.The main content of the third chapter is the specific construction of the accelerating maturity system.It starts from several special types of shareholders to determine which types of shareholders are eligible,and then specifies the specific rules to apply the system.