The Rescarch On Remedial Mcashrcs Under The Rules Of The Company’s Capital Paid In Installments

Changing the capital of the Company from strict one-time payment rules as relatively loose rules of payment in installments can be described as one of the highlights of the Law in China. This shift has a very important role in the interests of the shareholders, and the company, even the development of the whole market economy. However, the absence of supporting legislation not only makes the rules in actual operation fail to highlight the "bright spot", but causes the emergence of new dilemma. Especially this situation that the shareholders of the Company is not strict compliance with or breach of the installment payment generates problems---the balance of interests and the allocation of responsibilities, so that the existing provisions of the Companies Act has exposed its shortcomings. Therefore, this article tries to put forward a little proposal, including: the establishment of calls and shareholder delisting procedures; the establishment of Company’s capital system of notification; allowing the case to strict application of the Disregard of Corporate Personality; giving the full contribution shareholders the right of call and the derivative litigation.