| There are affirmative,negative and compromise views in academic circles as to whether shareholders’ contributions should be accelerated in situations other than bankruptcy and liquidation.Three views of affirmative,negative and compromise have also been formed accordingly.The affirmative view is that a system of accelerated expiration of shareholders’ capital contribution must be established in a contributory system.There are two main reasons: First,it can effectively protect the rights and interests of the company.If the accelerated maturity system is not implemented,there is a possibility that some shareholders agreed to the latest contribution time is too long.Second,the accelerated maturity system can ensure the good development of the company.When the company lacks operating capital,all shareholders are obliged to pay the capital contribution,which allows the company to resume normal business operations as soon as possible,thus ensuring the operation and good development of the company.The negative view is that imposing an accelerated maturity system in the capital contribution system may put undue pressure on some small businesses.Because small businesses usually do not have sufficient liquidity,imposing an accelerated maturity system may cause them to be unable to pay their contributions on time,which may lead to operational difficulties or even bankruptcy.In addition,the introduction of an accelerated maturity system may also create unnecessary risks for some large enterprises.This is because large companies often use complex financing methods with a wide variety of capital components.The provisions of the Ninth Minute on the accelerated restriction on shareholders’ contributions are well grounded in case law,but are not applicable in all cases,so new approaches should be sought to improve the provisions on the accelerated restriction on shareholders’ contributions.Article 53 of the Draft Revised Company Law provides that creditors and companies have the right to demand sharehol.When the corresponding defined conditions are met,both the company and the creditor have the right to request the acceleration of the shareholder’s contribution.After the conclusion of the litigation and enforcement proceedings,if the shareholders fulfill their capital contribution obligations and enable the creditors’ bonds to be satisfied,the interests of the creditors,the company and the shareholders are balanced;if they have not been satisfied,the creditors may request the commencement of bankruptcy proceedings in accordance with the provisions of the Bankruptcy Law. |
