Research On The Accelerated Maturity System Of Non-insolvency Shareholder Stake Obligation

The company's capital contribution system eliminates the statutory capital contribution period requirement,which greatly reduces the shareholders' investment capital and stimulates the investment enthusiasm of shareholders,but also provides a legal way for shareholders who maliciously evade debt.At present,the protection of the interests of creditors in the Company Law is still not fully protected,especially the lack of strict legislative system and stable supporting facilities,therefore,we still need to discuss the interests of creditors in depth.First of all,this paper makes it clear that the research object of the article belongs to the accelerated expiration of the shareholder capital contribution obligation in the company's existence state.By comparing with the bankruptcy accelerated maturity system,the corporate personality denial system and the board of directors' collection system,defining the accelerated maturity system of the non-bankrupt shareholder's capital contribution obligation means that the company has not yet entered into bankruptcy proceedings and that the company's assets cannot be paid off.If a shareholder who has used its term interests maliciously uses its term interests to cause damage or threat to the rights and interests of the creditors of the company or to the counterparts of the company,the equity holder shall have the right to request the court to fulfill its capital contribution obligations to the non-capitalised shareholders,regardless of the term of the shareholders' capital contribution.The accelerated maturity system has the legal theoretical basis of the unity of shareholder's rights and obligations,capital enrichment and capital contribution obligation.In judicial practice,the application of the accelerated maturity system has the view of support and denial,and the academic circles have formed three kinds of academic disputes: "affirmative","negative" and "compromise".This paper on the "affirmative said" to take the essence to dross,affirm the judicial decision on the application of the accelerated expiration system.The application of the accelerated maturity system during the life of the company has the advantage of balancing the interests of shareholders and creditors and saving judicial costs.Secondly,the two exceptions to the system of accelerated maturity,as defined in the Minutes of the Ninth National Court's Civil and Commercial Trial Symconference,That is,during the implementation phase,the company's property exhausted the implementation measures still can not pay off the debt,after the debt generation through the shareholders(large)will be decided or other means to extend the term of shareholder capital contribution still can not meet the protection of the interests of creditors.The three other circumstances in which the company's capital reduction,equity transfer and shareholders' list editable person shall apply to the accelerated maturity system.Finally,the principle of good faith in civil law can be regarded as the legal basis of the system before the non-insolvency accelerated maturity system is established,and the principle of capital enrichment as the legal basis of the system's right to request.The accelerated maturity system in determining the distribution of liability,the defaulting shareholders are the first sub-responsible person,the transferee of the transferee of the transferee of the transferee to the creditor's uncapitalised amount within the scope of the creditor to pay off the creditor.The accelerated maturity system shall,when the judicial trial is applied,add the unfunded shareholder as the co-defendant and increase the burden of proof of the shareholder.