A Study On The Application Of The Law Of Accelerated Maturity Of Shareholders Capital Contribution In Non-bankruptcy

In order to better play the role of the company as an important market entity in the economic operation system,in the context of optimizing the business environment,the amendment to the Company Law in 2005 broke through the capital system in 2013.The company law was further revised.When the company was established,contribution of the shareholder was changed from the actual payment system to the subscribed system.This legal reform effectively lowered the threshold for company establishment and further stimulated the vitality of market economy entities innovation and entrepreneurship.Under the subscription system,shareholders have gained great freedom in capital contribution.As long as the company reaches an agreement when the company is established,articles of the company of association can stipulate the actual payment schedule and progress of the capital contribution according to personal wishes.Theoretically,it can be specified as 50 years or even 100 years.This is the free right of shareholders and the company under the subscription system,which complies with the provisions of the company law and should be protected by law.But at the other end,the capital subscription system also poses new challenges and new risks to the protection of the rights and interests of company creditors.This issue has aroused more and more discussions in the theoretical and practical circles.An important focus is: if the company cannot repay the debts that are due,the problem of accelerated maturity of shareholder capital contributions in non-bankruptcy situations.In this question,the company is like a balance.How do shareholders and creditors balance the interests of all parties at both ends of the balance? In fact,the essence of this question is how to find a balance between maintaining the vitality of market entities and maintaining the order of market operations under the capital subscription system,how to find a balance between the independence of the company’s personality and piercing the company’s veil,and how to limit the shareholders’ deadlines.Seeking a balance between interests and the protection of company creditors,how to find a balance between the realization of the repayment of individual creditors’ claims and the protection of the interests of all creditors.This article mainly demonstrates a series of problems in the accelerated maturity system of shareholder capital contributions in non-bankruptcy situations,and intends to prove that this institutional arrangement is unfounded and does more harm than good.At the same time,it demonstrates the rationality of applying accelerated maturity of shareholder capital contributions only in bankruptcy situations.And put forward perfect methods for the shortcomings,so as to unblock the relief channels for the creditors interests and maintain the balance of the interests of all parties.The first part is to ask questions.This article first reviews the macro background and specific content of the company’s registered capital subscription system reform in 2013,and draws the focus of this article: in the case of non-bankruptcy,whether the company’s shareholder capital can accelerate its maturity.Under the premise of restricting the condition that "the company cannot pay off its due debts",the problem is further refined as: under the capital subscription system,how to balance the interests of the company,shareholders,and creditors.And combed the views of various parties from different perspectives such as theory and practice,affirmation and negation.The second part analyzes the problem.Respectively,from the four dimensions of maintaining the vitality of the economy and maintaining the market economy,the independence of the company’s independent personality and the denial of the company’s personality,the shareholders term interest and the creditor rights and interests,the individual repayment of individual claims,and the equal repayment of all claims,a comprehensive review of the four dimensions.Various viewpoints on the accelerated maturity system in the case of bankruptcy are also demonstrated.The third part is to solve the problem.Proposes possible implementation paths for the balance of interests among creditors,companies,and shareholders in non-bankruptcy situations.Including the improvement of the prevention system,the distinction of the nature of bonds,the establishment of a relief system and other issues.