The Liability For Defects Damages In Company Registration

Occupy an important position in a market economy, Regulation of the countriesin the world about the company also deepened and detailed. China’s Company Lawwas revised in2005had improved a lot of content, but there are still a lot ofregulations are not perfect, The company registration flaws damage is one of them. Inthe setting up process of Company, not fully in accordance with the substantiverequirements and procedures of the law requirements for registration of establishmentcause the Company to set up but there are obvious defects, Because of the unsoundcorporate personality caused by such defects, caused damage to the company, itsshareholders, creditors of the company and other interests of the community stakeholders.And where there are damages there should be compensation relief. However our CompanyLaw and Company Registration Management Regulations does not detailed provisionsits damages and compensations, the victims have suffered damage as a result of theestablishment registration defects can not get effective relief, the right should beprotected from damage but cannot get relief, which will lead to a lot of socialproblems, not to mention how great the impact of market transactions. The importanceof reality making its a urgency issue. On the problem of Companies registration flawsdamages its necessary to define the harm. analysis shows that the causes of suchdamage is set up flaws. The nature of the damage can be divided into infringementdamages and breach of contract damages. The first feature of the companyestablishment defects damage is secondary characteristics, Tort or breach ofcontract allows the company set up shows registration defects.Damages are caused by thedefects;and secondly, the damage was engendered during the company set upregistration; and finally the damage is usually manifested as property damage. Afterdefined company set up registration flaws damage,the next question is who has theright to claim damages, and who should bear the responsibility, according to theinterests damaged principle, Subject of rights can be summarized as the company, itsshareholders, creditors of the company and other social interests, the scope ofobligations subjects can be designated as company sponsors, the company set upauxiliary and the company registration authority according to the previous obligationsof company registration perpetrator. How to get the effective relief to compensate forthe loss after the damage occurred. Damage caused by company registration flaws,because it involves the multiple subjects can be combined with the civil and administrative compensation methods to solve this practical problem, improve theprosecution mechanisms of the responsible,.