A Study On The Acceleration Of Investment In The Period Of The Non Term Capital Contribution

In 2014,after the implementation of the company law,some shareholders by subscribed system vulnerabilities,the establishment of subscribed for longer periods of time,subscribed by the extremely high amount of company,company of this type is extremely easy to appear capital contribution of shareholders is not the deadline to,the company's existing assets can not repay debts to creditors,thereby endangering the interests of the creditors of the company.At this time,no session of the term for capital contribution of shareholders should accelerate investment to protect the interests of creditors of the company issues triggered a broad discussion in Chinese academic circles and judicial circle.The author has a strong interest in the research topic,and in order to make the first company to pay the subscription capital contribution case as the observation angle of view,this paper makes a deep research on the problem of the acceleration of the investment.This paper is divided into five parts:The first part mainly introduces the significance and purpose of this paper,and the main research methods of this paper.The second part mainly introduces the under subscribed capital system,the first cause of the shares of the company recognize subscribed capital caused disputes,are presented for the case of cause of action,the case,the focus of controversy,and combined with the case of judgment basis,extended session of not funding period shareholders accelerated investment issues,has carried on the elaboration to this problem and the focus of this paper.The third part mainly introduced by the shareholders of the not investment period accelerated investment caused a series of reflections.The case caused the main focus of the debate is in the company can not repay the debt,whether can request not session of the term for capital contribution of shareholders to accelerate investment,this part the author introduces not investment period shareholders to accelerate investment in the practice of theoretical disputes and of the controversial theory were related analysis.Finally,through many not investment period shareholders accelerated contributions were justification.The fourth part mainly introduces the new problems in the process of accelerating the investment of the shareholders without capital contribution.Although there is no time limit shareholders to accelerate investment in its legitimacy,but in the case of no clear provisions of the law,how to achieve accelerated investment is still facing some new problems.The first is how to achieve in the subscribed the balance of the maturity of a shareholder interests and the interests of creditors protection under the system;the second is for individual session of the investment period shareholders exercise can still claim the exercise of the shareholders to plenary session of not funding period creditors claim to exercise the accelerated rights contribution.In the fifth part,the author mainly introduces the construction of the system of accelerating the investment of the period of the non capital contribution.It lists the specific conditions of application of not term for capital contribution of shareholders to accelerate investment;second,from the perspective of legislation,legal explain perspective and the perspective of contract law separately to explain and explore the ways to exercise not term for capital contribution of shareholders to accelerate investment.