Study On Creditor’s Rights Investment In The Establishment Of The Company

The subscribed capital investment company set up in set up at the time of the establishment of the China’s newly revised Company Law, the company implements the capital subscribed by the system, and clearly recognized the creditor’s rights investment in the company as capital contribution legal status. The newly revised Company Law reduce the access threshold, to stimulate the enthusiasm of investors, increase the vitality of the market at the same time also makes the interests of the creditors facing risk. Therefore, how to play out of the creditor’s rights of the advantages and prevent the emergence of other adverse effects become the hot issue. This paper from the system and creditor’s rights investment present situation, the existence question and so on in, take historical analysis, legislative comparison of subscribed under the system of creditor’s rights investment.This paper is divided into three parts, namely the introduction, the main body, the conclusion.The introduction mainly introduces the capital subscription system and the basic concept of creditor’s rights investment, why should choose this topic to study, using what kind of analysis method, the domestic and foreign research present situation.The full text is divided into three parts:The first part mainly analyzes the present situation China subscribed under the system established in the company when the creditor’s rights investment and the existing problems. First, through the discussion of China subscribed system and the establishment of the company when the creditor’s rights investment legislation, analysis of the current status of the company at the time of the establishment of the creditor’s rights investment, pointed out the suitability for establishment of the company capital. Secondly, when the company set up the creditor’s rights investment allowed in the social and economic development of China has brought some positive effects, but because of the inherent defects of creditor’s rights, the creditor is not stable, it is difficult to determine the value, easy fraud etc., the creditor’s rights investment is risky; finally, combined with the reality of our country, points out that Chinese subscribed system when the company set up under the permit the creditor’s rights investment problems.The second part mainly inspects the two legal system countries（regions） legislative practice at the time of the establishment of the company creditor’s rights investment. First of all, through the analysis of Britain, the United States on the legislative practice of the creditor’s rights investment, study the related regulations at the time of the establishment of the company in, mainly through the form of precedent to make up for the inadequacy of statute law; secondly, the analysis of Germany, France and Japan, and Taiwan region legislative practice; finally, the combination of the above part. It is pointed out that foreign legislative practice of enlightenment to the establishment of our company creditor’s rights investment risk preventionThe third part mainly elaborates on the perfection of the company set up when the creditor’s rights to the construction of the system. One is the creditor’s rights can be used similar to the endorsement of the transfer mode; two is the subscribed capital in debt funded ratio limit when the company set up; three is the establishment of the company at the time of the establishment of the creditor’s rights investment program mechanism, mainly from the limited company the establishment of the main body, when the creditor’s rights investment object, internal procedures, strengthen the creditor’s publicity system, value evaluation and other aspects; four is the responsible mechanism is established when the company set up the creditor’s rights investment, in addition to pursue the investor’s responsibility, but also in the case of capital may not be substantial, expand the other participants of the responsibility.At last, summarize the paper, summarize the basic ideas and creative achievements, and put forward the limitations of the study and the problem to be solved.