Research On Acceleration Of Shareholders' Funding Under The Subscription System

In 2013,China changed the company's capital system to a full subscription system.The implementation of the subscription system has promoted investment and employment to a certain extent,but shareholders are likely to pass on business risks to the company's creditors.How to balance the interests of the company,shareholders and creditors under the subscription system has become a hot topic.Most judgments in judicial practice negate the accelerated expiry of shareholder contributions,and a small number support this.The academic circle has not formed a unified view on the accelerated expiry of shareholder contributions.Among them,"negation" and "compromise" are theoretically flawed."Affirmation" is worth affirming,but "affirmation" lacks the acceleration of capital contribution.Further expansion of the theoretical basis of expiry.First of all,the capital contribution obligation has the dual nature of agreement and statutory,and proper intervention by law can effectively prevent shareholders from abusing their subscription rights.In addition,the credit of the company is based on the capital contribution subscribed by the shareholders,and the expiry of its capital contribution should be accelerated to repay the creditor's rights of the company creditors.Secondly,from the perspective of the basic principles of the Civil and Commercial Law,a company that cannot pay off its foreign debts should give up its maturity interests and fulfill its capital contribution in advance.In addition,from the perspective of the modernization of company law,giving companies autonomy to accelerate the maturity of shareholders' capital contributions can effectively achieve company autonomy and resolve the company's financial crisis.Through the collation of academic analysis and the retrieval of laws and regulations,there are many paths that can be adopted to accelerate the maturity of shareholders' capital contributions,but various normative paths are difficult to effectively meet the needs of real cases.In the extraterritorial law,the board-centered shareholder contribution payment mechanism can be used for reference.Adding a capital contribution reminder system and accelerating the maturity of shareholders 'capital contributions are post-event measures to protect the interests of the company 's creditors.In addition,it requires the protection of the publicity path in advance and the assistance of financial accounting in the event.