Case Analysis Report On Yidian Company And Its Shareholders Sued Langhao Company About The Capital Reduction

The company is a company's own business activities,but a reduction will involve companies,shareholders and creditors and other multi-party interests,so for the reduction of capital can not be ignored,can not control too much.China's "Company Law" on the reduction of the provisions of the system involves less,so in practice life,when the company with the shareholders or with the creditors of the conflict of interest and seek judicial solution,we can be based on the legal norms are too abstract,Poor sex.Too much to rely on the judge's discretion,often lead to excessive freedom of judgment,different judges because of experience,knowledge,understanding and other differences caused by the outcome of the decision may be very different,long time not only detrimental to the interests of shareholders and creditors balance,Leading to the chaos of the market economy order.Therefore,this paper analyzes and analyzes the case of a company's capital reduction dispute,so as to propose a solution to the problem.The author divides this article into five parts.The first part introduces the case case chosen in this paper and the focus of the controversy.(1)Does the company's reduction behavior reduce the foreign solvency of the company?(2)Is it possible for the company to reduce the amount of money due to the existence of a defective procedure?(3)whether the company's shareholders Ye Lin Hang,Ye Linbo should be responsible to Langham? The second part of the focus of the controversy to start an analysis of the form of capital reduction and substantial reduction of the theoretical classification based on the case practice,analysis of the different nature of the reduction should be treated differently,for the form of capital reduction,because it will not reduce The company's assets,the company's external solvency will not be affected,then even if the reduction does not notify the creditors will not damage the creditors' claims.And the substantial reduction of capital will result in the outflow of the company's assets and reduce the ability of the company to pay off its foreign debt.Therefore,if the debt is not notified to the creditors,it will cause the creditor to require the early settlement or the guarantee of the right to provide damage,thus affecting the realization of the creditor's rights The Therefore,China's "Company Law" should be different for the nature of the capital to develop a different procedural requirements,so as to protect the balance of interests between the two sides.This article is a little company to reduce the subscription part of the capital,but also belong to the real capital reduction category,it should be strictly regulated.The third part is the discussion and analysis of the focus of controversy.China's "Company Law" on the company to reduce the capital to fulfill the procedures to make a mandatory requirement,but did not provide in accordance with the law to fulfill the legal consequences of the capital reduction procedures,so the author on the basis of the analysis of the status quo,because the program is flawed And may result in ineffective ineffective,effective or invalid for three specific results,and finally concluded that there are flaws in the capital reduction procedures,the specific creditor is invalid is the most reasonable solution.The fourth part is the analysis of the focus of the dispute three,as the company's shareholders,whether the company should be responsible for the defective reduction behavior is the focus of the analysis.The shareholders of the company as a decision to reduce the capital.And the beneficiaries should bear the corresponding obligations,so the company did not fulfill the required procedures for the reduction of funds,the shareholders should bear the responsibility to do not pay attention to obligations.The last part is the case after thinking,through the analysis of cases found that China's capital reduction system deficiencies,and thus put forward their own recommendations.