Research On Accelerated Maturity Of Shareholders’ Capital Contribution Liability Under Subscription System

Since the company law was revised in 2013,the company and shareholders have been granted the freedom to agree on the amount and duration of capital contribution by themselves through the articles of association or capital contribution agreement,and relaxed the government’s control over the company.But at the same time,the company and shareholders are given more freedom,and no corresponding supporting measures are made to strengthen the protection of creditor’s rights and interests,which leads to the imbalance of the protection of the interests of the company,shareholders and creditors.When the company still lacks all its assets to repay the creditor’s rights,and there are some shareholders set a long time limit for capital contribution,how to realize the creditor’s rights and interests has become an urgent problem in judicial practice.When the company is insolvent and has not entered the bankruptcy procedure,it is a feasible solution to let shareholders perform their capital contribution obligation in advance to repay the creditor’s debt,or it may be a practical solution to protect the creditor’s rights and interests.This paper mainly uses the literature research method and the method of Hermeneutics Research.Firstly,through the process of revision of the company law,the paper explains the dilemma of creditor interest protection brought by the change of the company law system and analyzes the current legislative and theoretical research status of accelerating the maturity of shareholders’ capital contribution,including the theoretical dispute about the issue of accelerating the maturity of shareholders’ capital contribution,the main viewpoints and reasons of affirmative and negative theory,and the current situation of China Whether there are specific legal provisions and relevant judicial interpretation in the legal system can be used as the basis for the application of accelerated maturity system of shareholder capital contribution under non bankruptcy circumstances.And the paper analyzes the legitimacy of accelerating the maturity of shareholder contribution,and explains the necessity and rationality of the system of accelerating the maturity of shareholder contribution in non bankruptcy to solve the dilemma of creditor’s interests protection.Finally,the paper discusses the difficult problems of applying the system of accelerating the maturity of shareholders’ capital contribution under the current background,and gives some suggestions for the specific problems.