Research On Accelerated Maturity Of Shareholder's Responsibility For Capital Contribution In The Company Duration Under The Subscription System

The implementation of the company's registered capital recognition system,on the one hand,gives shareholders a larger right to contribute freely,but also brings corresponding risks to creditors.Among them,including the shareholder's recognition of the capital contribution does not expire with the creditor has expired claims conflict,shareholders to pay the arbitrary contribution and the actual ability to pay limited conflict,but also includes the way of payment of contributions with non-openness and creditors to request the disclosure of information conflict.In order to protect the interests of creditors and the existence of the company,whether the duration shareholders have the responsibility to accelerate the maturity of capital contribution,the theoretical and practical circles are controversial."Negation" does not conform to the interest balance value of company law,"compromise said" does not have the reality of operation.It is worth supporting the idea that shareholder's capital contribution accelerates due under the normal operating condition of the company,but it is also necessary to study the theory and system of creditor protection and expand the theoretical basis of shareholder's capital contribution to accelerate maturity liability.The study of accelerated maturity liability,based on the protection of the interests of creditors,while adhering to the "affirmation",in order to protect the interests of shareholders in the payment of capital,with the exception of shareholders abusing the right to pay contributions,to balance the interests of shareholders and creditors.First of all,it defines the starting elements,applicable premises and scope of liability for accelerating the maturity of shareholder's capital contribution.Then,expand the interpretation of the existing system of company law,through the Contract law cohesion or the company law to amend three kinds of paths,hoping to achieve shareholder capital contribution to accelerate the application of maturity liability.