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The Contributions Of The Shareholders Defects On Civil Liability

Posted on:2013-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:J QuFull Text:PDF
GTID:2246330371476249Subject:Law
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In the present society, Gradually improve China’s economic system and improve the background, as the most important activities of the main companies in the market activity, its importance and influence has become increasingly prominent. The company’s capital is to enrich the company’s ability to have the key of sound corporate personality, If the shareholders’ capital contribution flaw will seriously affect the company’s capital adequacy then a serious threat to the independence of the company. The transaction object is funded in accordance with the shareholders under the Articles of Association to predict the viability of transactions, as well as this Exchange of the positive and negative consequences, and bear the corresponding risks. Defects of shareholders’ capital contribution not only will the company’s own capital and reputation have a very negative impactl, but also the integrity of the transaction expect social groups and social credit system to build a huge threat. Meanwhile, the defects of the shareholder capital contribution is not fair to the legitimate contribution shareholders, because the flaw shareholder defective funded behaviors, but its shareholders’ equity does not have an impactOccupied a certain extent, have been exclusively the interests of the legitimate contribution of shareholders, so that the interests of legitimate contribution can not be the full implementation of the shareholders, The internal impact on the cohesion of the company, externally to the company’s reputation damaged, even restricting the healthy development of society as a whole economy. In reality such a situation not uncommon, abound in our economic life,and led to a number of economic disputes. Hindering a stable and healthy development of China’s economic,and even lead to social and economic crisis of confidence. Therefore,research and build a reasonable flaw exists a responsibility system to ensure the legitimate contribution of the legitimate rights and interests of the shareholders and third parties is not necessary and urgent. Relatively weak research base on the flaws of the contributions of the shareholders, so I chose such a subject of study, in order to achieve a breakthrough on the basis of the predecessors research and innovation, a comprehensive and in-depth understanding of the civil liability system, the contributions of the shareholders defective,and hope to provide a favorable reference to China’s relevant judicial practice.The responsibility of system defects contribution of the shareholders, including the flaws of capital borne by the shareholders on the company, the legitimate contribution shareholders, trading partners, civil, administrative or criminal liabilities. Based on the above responsibility structure,In this paper start from civil liability, analysis of China’s Company Law provisions defects defects act in the shareholders’ capital contribution funded civil liability in accordance with shareholders, and then some insight on how to better improve the responsibility system in China flaw shareholder, in order to play a little suggestive of the healthy and stable development of China’s socialist economic construction.
Keywords/Search Tags:Shareholders’capital contribution obligations, Flaws of capital, Civilliability
PDF Full Text Request
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