On Creditor Protection Under The Benefit Of Capital Contribution Period

The reform of the company law in 2013 and the change in the form of registered capital payment have enabled shareholders to be given a new interest-term benefit,which has great autonomy in terms of capital contribution.This change has a certain historical background and has also reached The expected results greatly stimulated investment enthusiasm and ushered in the wave of company establishment.However,while shareholders enjoy the benefits of the capital contribution period,they should also follow the principle of equal rights and obligations and have to realize their interests properly.The term benefit is not a purely legislative creation,but the interests that belong to the company or creditors,that is,the company will postpone the realization of the real property that could have been obtained at the time of establishment,and the guarantee that the creditor could have obtained the company's independent property.,So that shareholders have greater autonomy in making capital contributions.The existence of term benefits is essentially a consensus of interest transfer between shareholders and the company.Thereby reducing the threshold for the establishment of the company to reduce the financial burden of investors and reduce the possibility of idle funds.However,the behavior of shareholders and the company agreeing to delay the realization of the company's independent property will inevitably affect the degree of realization of the company's creditors' interests and the size of risks.When the term benefit held by the shareholders is not bound,it changes the content of the term benefit and forms an act of abusing the term benefit in order to avoid the obligation to contribute.When a company falls into a situation where debt repayment is impossible,the biggest victim of its abuse is the creditor,and the losses borne by the company are passed on to the creditors due to the malicious abuse of term benefits by the shareholders,which makes the creditors face the dilemma that the legitimate interests cannot be effectively realized.Therefore,it is of great significance to protect and limit the interests of creditors how to realize the limitation and restriction of the term benefits.The content of this article mainly includes four parts,and the main interest is through the term,and it is carried out around the protection and relief of creditors.In the first part,the term benefits that shareholders enjoy in their capital contribution obligations are different from the term interests in civil legal relations.Therefore,the content and nature of the term interests of shareholders are discussed and defined,and the rationality of the term benefits is discussed.analysis.At the same time,based on the current subscription system,the specific behavior of shareholders abusing term interests is discussed and analyzed,and the urgency and necessity of protecting the interests of creditors are indicated.The second part,the emergence of term benefits will inevitably lead to changes in the relationship between shareholders and creditors under the original company law,especially in the stage of capital formation,and for the phenomenon of abuse of term interests,academia when the subscription system is implemented,Then he conducted various researches on how to protect the interests of creditors,especially in the case of non-bankruptcy,through the expiry of the shareholders' investment obligations to achieve the restriction of the maturity interests and the effect of protecting the interests of creditors.This article sorts out the three theories,and points out the shortcomings of the three theories and puts forward self-views.The third part,due to the equivalence of rights and obligations,the abuse of term benefits,must be constrained through the legal path to achieve the function of creditor protection.The current legal path of creditor protection is analyzed,and the shortcomings and defects of the relevant path are proposed.To provide ideas and experience for improving the protection path of creditors.The fourth part is to provide your own suggestions for improving the protection path of creditors under term benefits,mainly including: First,the improvement of information disclosure,the establishment of a national unified notice notification information platform;First,the application of the legal personality denial system,based on the current domestic Practicing the status quo,breaking through traditional ideas,expanding the scope of application of the legal personality denial system and the form of responsibility,and using it as an effective way to protect the creditor's interests under the term benefit,to achieve the effective use of the system in China.The purpose of this study is to find the existing shortcomings of the creditor protection path under the term benefit through research and analysis,and put forward suggestions for improvement,so that the subscription system can be smoothly implemented in the current stage of our country and the original purpose of its establishment can be fulfilled.Effectively protect the legitimate interests of creditors,and avoid and reduce the practical dilemma of the creditors of the company infringing the interests of creditors due to abuse of term interests due to shareholders' misconduct.By adopting argumentation analysis,literature research,and self-innovation,the paper discusses the research issues in this article,thereby inspiring the author to think about my country's next round of corporate capital system reform.