The Empirical Research On Judgement About The Accelerate Of Shareholds' Capital Contribution Obligation In Limited Liability Company

The second revision of the "Company Law" in 2013 introduced the capital subscription system,canceling the minimum registered capital limit and capital verification procedures of ordinary companies.The company's registered capital amount and payment period shareholders only need to clearly make an agreement in the company's articles of association.The implementation of the capital subscription system has relaxed market access and encouraged the masses to start a business,which has brought huge economic vitality to the market.However,due to the law's commitment to the shareholders' commitment period is no longer mandatory,there are many companies with a capital contribution period of 10 years,more than 20 years,which brings the real problem is that when the company can not pay off the external debt,the creditor Can they request the non-period shareholders to contribute to the accelerated expiration? By studying the case of 60 corporate creditors on the China Judgment Document Online requesting the expiration of the unsuccessful shareholders' capital contribution,the author found that the case of China's creditors requesting the company's unexpired shareholders' capital contribution to accelerate expiration from 2016 to 2018 was concentrated,but the court Judging the reasons and results of such cases,there are a large number of different judgments in the same case.The interests of corporate creditors cannot be protected,and the authority of the judiciary is also challenged.The second part of the article summarizes the accurate data of the facts of the case and the reasons for the judgment of the 60 cases of the unexpired shareholders' contribution obligation.The third part of this paper focuses on the disputes over the shareholders' contribution obligations to accelerate the expiration of 5: the legal nature of the shareholders' investment obligations,the understanding of Article 13,paragraph 2 of the Judicial Interpretation of the Company Law III,whether the creditors should be at their own risk,and accelerate to Whether it is necessary to carry out inductive analysis after the bankruptcy liquidation procedure and the commitment of the shareholder's share transfer responsibility of the non-session period,it is clear that the unsuccessful shareholders' capital contribution obligation accelerates the due necessity and legal justification,and strives to seek a unified legal and judicial practice standard.In the fourth part of the thesis,the creditor's lawsuit against the shareholders' early payment of capital,the improvement of the legal system,the improvement of the collection system,the restriction of the rights of unfunded shareholders and the disclosure of information disclosure Suggestions.