Ideas On The Institutionalization Of Accelerated Expiry Of Shareholders' Contributions To The Funding Term

The 2013 Company Law was amended for the third time since its promulgation.This revision changed the previous paid-in capital system to a subscription system.With the emergence of many lawsuits in judicial practice in recent years,the subscription system obviously has disadvantages.In judicial practice,there have been many cases in which creditors demanded the expiry of shareholders' funds to expedite their maturity.However,due to the lack of clear legal regulations and judicial interpretations,such cases have been controversial in academia and practice.And the results are inconsistent.The purpose of this article is to study and analyze relevant judicial documents related to the accelerated maturity of shareholders 'capital in judicial practice,to summarize the dilemma of such cases in practice,and to try to propose effective measures in order to determine the accelerated maturity of shareholders' capital.Benefits.The first part of this article is "Introduction",which introduces the current research status of this issue in academia.The second part is the "proposition of questions",which introduces the background-the transition from the actual payment system to the subscription system and the concept and type of accelerated maturity of shareholder contributions.The third part of this article is "Case Review and Existing Problems".It will search 372 cases from 2015 on the basis of the keywords of "subscription system" and "expedited expiry" on Judgment Document Network,Peking University magic weapon,and Waco.Screening and sorting out,summed up the dilemma that shareholders' capital contribution is accelerated to maturity in practice.The fourth part of this article is "the justification of the system of accelerated maturity of shareholders' capital contribution due to the incipient capital contribution period",which is mainly expounded from the two aspects of determining the necessity and premise of accelerated maturity of shareholders' capital contribution,and makes an argument on the viewpoint of supporting shareholders' accelerated maturity.The fourth part of this article is "Specific Ideas for Perfecting the Accelerated Expiry System of Shareholders' Contributions".By summarizing the case combing and the justification of the theory inthe previous article,the conclusion of this article is how to apply shareholder contributions in litigation Accelerated expiry system.After researching in this thesis,the author believes that since the implementation of the subscription system,it has indeed injected fresh blood into the market and has also provided a good entrepreneurial and operating environment for small and medium investors.However,the implementation of the subscription system needs to conform to the trend of the times,and it needs to be continuously improved according to the problems generated in practice.It also needs to be linked with other relevant systems to produce linkage and coordination.Therefore,the company's internal management must be strict,and directors must set up a call system if conditions permit;the administrative organs must establish a corporate credit information disclosure system and the transparency of the investment information of natural person shareholders;the legislature must consider the improvement of other relevant systems of the company law;The judiciary must further implement the concept of company law reform,conduct specific analysis of specific cases,strive to balance the interests of the company,shareholders and creditors,and ensure that the significance of the subscription system can be realized.