A Probe Into The Legal Issues Of Accelerating The Expiry Of Capital Contribution By Shareholders

In order to realize the creditor’s rights,the creditors of the company appealed to the court to subscribe to shareholders who did not actually pay their capital,and bear corresponding supplementary responsibilities for the company’s due debts.The court decision of the individual case either favors the protection of creditors’ interests,that is,supports the accelerated maturity of shareholders’ capital contributions,or favors the interests of company shareholders,that is,safeguards the interests of shareholders within the time limit.Therefore,courts at all levels are divided on whether to apply the judicial judgment of accelerated expiration.After reviewing the development of relevant legislation and judicial interpretations,the previous regulations mostly restricted the applicable conditions to the bankruptcy or liquidation of the company.The Minutes of National Court Civil and Commercial Trial Work Meeting(hereinafter referred to as the "Meeting Minutes")further stipulated two special situations in the form of enumeration,and it is clear that only in the specified special situations Accelerated expiration can be applied only below.However,in the judicial status quo shown by three typical cases,there are still situations where the application of accelerated expiration liability is expanded.Therefore,whether it is necessary to expand the application of accelerated expiration is worth studying.By analyzing the legal basis behind the relevant provisions of the "Meeting Minutes",it explores the expansion of the scope for accelerating the maturity of shareholder contributions beyond the existing regulations,and proposes a perfect proposal for the accelerated maturity system of shareholder contributions.It is not only conducive to advancing the academic understanding of the liability for accelerated maturity of shareholders’ capital contributions,but also conducive to the judicial accurate determination of the facts to better balance the interests of the company’s creditors and shareholders.The full text is divided into the following four parts:The first part introduces three typical cases on the issue of accelerated maturity of shareholder ’ s capital contribution,analyzes the focus of disputes in court judgments,and finds that there are differences in the judicial determination of the application of accelerated maturity of shareholder ’ s capital contribution in court judgments,and the current law provides Imperfections.The second part starts with the subscription system that triggers the accelerated maturity of shareholder capital contributions,expounds the drawbacks of the subscription system and legal countermeasures,and analyzes the legal basis and advantages and disadvantages of the "Meeting Minutes" restricting the application of accelerated maturity of shareholder capital contributions.The third part analyzes the rationality of the application of accelerated expiration from the legal level and the legal value level.It is divided into two parts: the legal basis of the accelerated expiration of expansion is in line with the balance between the interests of shareholders and creditors.The fourth part,from the legislative and judicial aspects,puts forward suggestions on better application of the accelerated maturity of shareholder capital contributions.The advice on the judicial aspect is to unify the judicial understanding and insist on active justice;the suggestion in the legislative aspect is to establish and construct a system for accelerating the maturity of shareholders ’ capital contributions.