Legal Research On Creditor Protection In Company Capital Reduction

Company Law establishes a capital reduction system,but the simple framework rules and vague wording pose certain legal risks to creditors in capital reduction.In judicial practice,the analogy of the use of shareholders ’defective capital contributions or withdrawal of capital contributions prevents the protection of creditors’ interests.Therefore,to analyze the problems and shortcomings of capital reduction,and to learn from the experience of different countries or regions,improve the company’s capital reduction system in terms of subject,content and responsibility to protect the interests of creditors: First,clarify the types and scope of creditors and improve the notification obligations of directors and executives.Second,in addition to enriching the specific means of notification and announcement,creditors should also be given the right to object,and the notification should specify the effect of failure to perform the notification obligation on the effectiveness of the resolution.Third,clarify the basis of the creditor ’s right to request,improve the constituent elements of the responsibility for capital reduction and determine the scope of the creditor ’s claim for compensation,and the shareholder ’s obligation to contribute capital can also be accelerated when necessary.