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The Flaws Of Capital To Shareholders Of The Company Legal Issues

Posted on:2014-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChuFull Text:PDF
GTID:2266330422453694Subject:Law
Abstract/Summary:PDF Full Text Request
Shareholders invested is a core issue in the company system. The capital of acompany funded by the shareholders’ investment,so the shareholder play anextremely important role in the setting up of the company and in the operation of theentire process. Shareholders are funded in accordance with the law and the Articles ofAssociation of the Company, will not only have an important impact on othershareholders, but the company itself will be concerned as the first three of theinterests of creditors, epitomizes the balance between the fundamental interests on theCompany Law.In the practice, the phenomenon that Shareholders violates the basic obligationsto undertake contribution is commonly existed. However, the flaws of capital toshareholders disputes is one of the most typical types of cases in our judicial practice.This is not only seriously affected the normal operations of the company, but alsoconcerned the liability and responsibility between flaw shareholder and othershareholders as well as the flaw shareholder and the company, especially the liabilityand responsibility between flaw shareholder and creditors of the company.Unfortunately, the current provisions of the Companies Act which rules the flawsof capital to shareholders rather crude, lost in the rigorous. It does not have the ruleof legal prevention and legal remedies for shareholders’ contribution defects.This article from the perspective of coordinating the interests of theshareholders, company creditors and shareholder capital contribution defects andtaking the typical shareholder capital contribution defects cases as the starting point,discuss the concept of the flaws of capital to shareholders, manifestation as well asthe civil liability of the shareholder capital contribution defects comprehensively.Discusses the flaws of capital to shareholders concept and its manifestations, Thisarticle on the basis of concept of the flaws of capital to shareholders and manifestation, emphatically discusses the legal status of the shareholder capitalcontribution defects and their legal liability. The article from the perspective ofmeasuring the company, shareholders and the interests of creditors,in order of thepurpose of starting point to explore and solve problems raised during trigger thinking.Hoping it will play an important role on later research and the legal system.
Keywords/Search Tags:Contribution defects, Manifestations, Status of Shareholder, Right of Shareholders, Legal liability
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