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Study On The Improvement Of Chinese Company Registered Capital System

Posted on:2011-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:Q QinFull Text:PDF
GTID:2166330332963161Subject:Law
Abstract/Summary:PDF Full Text Request
The company registered capital system, which has a direct impact on the development of business activity, is the core of company law, With the revision of the Company Law of the People's Republic of China(CLPRC) in 2005,the company registered capital system in China has undergone the profound evolution from legal capital system into eclectic capital system. The registered capital system closely related to the creditor's interests, plays an important role in defending company creditor's as much as one of the goals of company law. The reform of the Company Law is weakening the mode which the registered capital as the front control to protect the benefit of creditors. Thus, how to improve registered capital system and better protect the creditor becomes a top priority under current Chinese legal system. So the thesis studies the company registered capital system from the perspective of creditor protection, and puts forward improvement advice on the company registered capital system in creditor protection respect.This essay is divided into four major parts, the overall composition is approximately as follows:In the first part of the thesis, the author introduces the concepts and basic theories related to company registered capital system. This part mainly includes following contents about the registered capital system:the concept, the types, the relationship to the creditor protection system.In the second part, the author introduces the relevant regulations for different company types in CLPRC, and then analyzes the characteristics of the registered capital system in the CLPRC. The amended in 2005 largely reduced the minimum amount of registered capital, where encouraged the investment and promote the establishment and development of the companies and enterprises, however, it also brought problems about creditor interest protection.In the third part, the author analyzes the current situation of the creditor protection under the CLPRC's registered capital system, whose advantages and disadvantages on creditor protection will be pointed out subsequently.In conclusion, with the ideas to protect trade safety and to secure interests balance, the author puts forward some measures to improve creditor protection under registered capital system and suggestions to establish some systems matching with registered capital to protect the interest of creditor in CLPRC.
Keywords/Search Tags:Registered capital, The interests of creditor, Company credit, Transformation
PDF Full Text Request
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