Shareholders' Capital Contribution Flaw Legal Issues

flaw is that shareholders investor shareholders in violation of the law or provisions of the charter company, refused to investors, can not be funded, false investment, investor flight, delayed funding and funding for non-implementation. Flaw in violation of company shareholders invested capital adequacy principle, damage to companies, creditors and the legitimate interests of other shareholders. Shareholders funded flawed theoretical foundation, financed from the legal definition of flaws, is still flawed equity shareholders and investors can transfer defects liability and other issues, the paper through the five areas were discussed.First described in the first part of the company's capital system, as a shareholder investor flawed theoretical basis, the capital of the connotation of the three companies and capital system is the key, common law system used authorized capital, while Germany led to the civil law countries are pursuing legal Capital System, which called for the establishment of the company must meet legal requirements and the capital of the Constitution, and not free to reduce the company's capital. This paper attempts to Comparative Law from the perspective of foreign law legislation advanced countries in the form of the financed shareholders, the Company Law in China and abroad to find gaps. The second part of shareholders to discuss the funding flaw in the definition, characteristics and the general shape. The law experts on these aspects of the dispute made a number of his own views. The third part of the shareholders to discuss the effectiveness of funded flaw, when shareholders investor flaws of course, is whether shareholders eligible, theory is generally believed that even if the shareholders funded flaws, is still eligible shareholders. On this basis, this analysis of several special circumstances, including the voting rights of investors and shareholders flaws profit distribution rights is subject to restrictions, as well as "flawed company" is a legitimate and established companies the same capacity. The fourth part of the stake could be flawed from the circulation of the two firms and legal risks discussed the funding flaw in the circulation of shares. And to set out the rights of the assignee of relief. Shareholders funded flawed legal responsibility is the focus of this paper. Chapter V of the first investors in the form of civil liability for defects, including responsibility for breach of contract, tort liability, responsibility and funding to fill several liability. And focused on the "lifting of the corporate veil" system. China's company law, criminal law provisions on investment flawed.