Research On The Legal Application Of The Cancellation Of The Company’s Capital Increase Agreement

In China’s judicial practice,the dispute over the dissolution of the company’s capital increase agreement is a common type of disputes over the company’s capital increase.Its disputes mainly focus on the unclear dissolution subject,the unclear achievement standard of the dissolution of legal causes,the inconsistent time node for investors to obtain shareholder qualification,and the inconsistent legal effect of dissolution.The difficulties in the application of the above laws stem from the unclear dissolution of the subject status of the original shareholders,the complexity of the performance of the capital increase agreement,the unclear basis for the determination of shareholders’ qualification at the time of capital increase,and the dual attributes of the capital increase agreement.In order to settle the dispute and balance the interests of all parties,it is necessary to further clarify the applicable path and legal effect of the dissolution of the company’s capital increase agreement.The termination of the company’s capital increase agreement can be subject to the conditions of contract termination.Only pay attention to the organizational attribute of the capital increase agreement,and distinguish the applicable rules of contract law and company law in internal and external relations.In terms of the legal effect of the cancellation of the company’s capital increase agreement,the capital maintenance principle should be revised at the macro level to avoid excessive restriction of the principle;At the micro level,we should distinguish different stages of capital increase,so as to decide whether to restore to the original state,and refine the application of other legal remedies such as termination of performance,compensation for losses and payment of liquidated damages.