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Study On Company Creditors Interests Protection Under The Subscription System

Posted on:2017-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:S WanFull Text:PDF
GTID:2336330488978060Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The company registered capital system plays an important role in the company law. On Dec.28 th, 2013,<Company Law of the People's Republic of China> Hereafter abbreviated as(The Company Law) version 2013 was through the review successfully and was put into force on Mar.1st,2014.The Registered capital of the legislation of our country is bound together with the social economic development status. It has gone through three phases:The rigid legal capital system?In installments system and Subscription Capital System. The Company Law version 2013 has made great revisions on the capital system?cancel the minimum registered capital?the institution of asset accreditation and carried out subscription capital system as well. It not only conforms to the needs of development times but also helps relieve the capital pressure on companies. At the same time,it lowers the pioneering threshold and strengthens capital flow,therefore downloads the heavy ‘burden of capital' and eventually Promote autonomy?manageability and flexibility in company operation. But in the real operation of subscription capital system,there arise plenty of ‘rogue companies' and ‘dwarf companies' which severely harm the creditor's interest. As the credit-losing status in our country is relatively serious and a good faith culture in enterprise has not been built. Mean while,the lack of an effective investment worth of mechanism and the flaws of the information disclosure system and the accountability system also account for that. To reinforce the protection of the creditor's interest,it must be confirmed that the company capital contribution is real,the investment worth of mechanism should be established and the information disclosure system is improved. We are also supposed to make the information disclosure system scope and execution efficiency clear;perfect the company system and built a timely and effective creditor's interest protection remedy so to avoid company capital losing illegally.
Keywords/Search Tags:Registered capital, Subscribed system, Creditor protection, Perfect
PDF Full Text Request
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