Research On The Limitation Of Rights Of Defective Capital Contributors

Adequacy of company capital is the foundation for the establishment of a company.our country’s current company law implements a registered capital subscription system for capital contributions.On the one hand,it is conducive to encouraging the development of the company and stimulating the operation of the market economy.On the other hand,it will also increase the flawed capital contribution of shareholders.The incomplete capital contribution of shareholders does not meet the requirements of the company law,which creates pressure on the company and hinders the company’s functioning.Therefore,the issue of restrictions on shareholders’ rights and accountability is the focus of current company law.How to identify shareholder defects in practice The behavior of investment and how to solve a series of problems caused by defective investment is also something we need to discuss.Therefore,this article does not wait to put forward some constructive suggestions in sorting out the basic problems of shareholder capital contribution defects.This article first introduces the basic issues of shareholder’s defective capital contribution,including the needs of my country’s capital system reform,and analyzes the relevant provisions of shareholders’ unreasonable capital contribution in the current law and the areas that need to be improved by studying the "Company Law" and related judicial interpretations.I also read relevant domestic and foreign theoretical works,documents and current affairs reports,collated and compared the main legislative spirit and relevant judicial interpretations of my country’s "Company Law",as well as the relevant provisions of the German and American civil and commercial laws on the restrictions on the rights of shareholders of defective capital contributions,and further analyzed my country Legislative purposes,judicial status,pursuit of goals,implementation effects and other issues,study the relevant regulations of foreign countries and relevant domestic regions on the incomplete capital contribution of shareholders.It separately introduces shareholders and shareholder defects,defines the types of shareholders’ defective capital contributions,and sorts out the existing legislation,theory,and practice of restricting the rights of shareholders with defective capital contributions.The following chapters provide some relevant suggestions on the limitation of the rights of shareholders of defective capital contributions in my country,including the scope of the limitation of rights,the rules for the restoration of rights after supplementary capital contributions,and the path of supervision from the legislative level,the shareholder meeting level,and the company’s articles of association.The innovative point of the article is that by consulting a large number of documents and practical cases,it makes a more practical analysis of the types and identification conditions of shareholder defective capital contributions,discusses some common situations of shareholder defective capital contributions,and proposes restrictions on shareholder rights and regulatory approaches.