The Research On The Judicial Application Of Accelerating The Expiration Shareholder's Contribution Obligation

The company's capital controls have become more accommodative,which has promoted capital flows and improved capital utilization efficiency.However,at the same time as the reform of the capital system,the supporting system for shareholders' contributions was not formulated in time.The protection of the interests of corporate creditors is increasingly worrying.Whether the contribution obligation of shareholders can accelerate the expiration becomes a topic of debate between the theoretical and practical circles.The author proposed based on the research of the shareholders' contribution obligation acceleration due to balance the interests of shareholders and creditors.There are three main theories about the shareholder contribution obligation in the theoretical circle namely articles of association agreement says,management circumstance says,and company autonomy says.In the current corporate governance environment,shareholders have a dominant and controlling position in the operation and management of the company.the author thinks management circumstance says suits current company government current situation mostly,when the company is unable to pay the external debt,the shareholder's contribution obligation will accelerate the expiration.It is not possible to take the view that the company's autonomy says that the company can demand that the capital contribution obligation accelerate the expiration when the company thinks it needs financing.The specific criteria for the company's inability to pay off the debts due,Between enforcement standards,refusal of performance standards,business suspension standards,and cash flow standards,the author advocates prioritizing cash flow standards.In combination with other standards,it is determined that the conditions for the debts due cannot be settled.The subject of determining that the debts due are not payable,the author believes that it is more obvious to the court than to be recognized by the company.This paper proposes to improve the company's directors' call collection system.When the company is unable to pay off the debts due,the directors will first call for payment,and the shareholders are required to fulfill the capital contribution obligations in advance.If the shareholders refuse to perform,they will file a lawsuit to resolve them.