On Investment Disputes About Juying Company V.Shoudu Company And Xiehe Company

The company has become an important role in people’s life,it provides the basic necessities of life and other services for us,but also offers a variety of opportunities for entrepreneurship and work for us.In a review of the company’s development process,we found the most important elements in a company is its equity system,clear and reasonable ownership system can effectively reduce the transaction costs of the main players in the market,improve the operating efficiency of production and social equilibrium of the subject of various interests distribution of rights and interests.The so-called equity refers to the investors through the partnership or corporate investment certain assets and enjoys the right.These rights include decision-making,dividends and assignment of rights,the transfer of shares is an important and regular content of the shareholders’ exercise of their shares.And free transfer of shares system is always the focus of the continuous improvement of the company law,because of the smooth transfer of shares can help companies faster to raise capital,better corporate restructuring was also more effective allocation of factor of production.The defective share transfer is the abnormal form of the transfer of shares,and it is the ownership form of the shareholder transfer from the defective of capital contribution.Because these kinds of defects of equity transfer its own property,This transfer of shares is often the focus of disputes,On Investment Disputes about Juying Company V.Shoudu Company and Xiehe.Company,There are three main focus of controversy:(1)the xiehe company sponsors of shareholders or fulfill the obligation of capital contribution;(2)the shoudu company funded obligations and how to determine its shareholder rights;(3)whether the juying company shall bear the liability for breach of contract to the other shareholders.Through analysis on the disputes,we found more than a disputed point contains the deep-seated legal issues as how to define the flaws of capital stock and investment judgment standard of defect is what;how to identify defective equity of shareholder qualification,how to regulate the corresponding to the rights of shareholders;the legal liability of defective equity transfer between the parties and how to bear.After comprehensive analysis of the merits and regulations,we come to the conclusion:juying company knowing that equity is defective and the transferee,in addition to the inheritance of the obligation of capital contribution,should also bear the liability for breach of contract to the observant shareholders of the shoudu company.Short board effect told me to want to improve the level of the whole field,we must focus on the most vulnerable sectors improve and flaws in the transfer of shares as a transfer of ownership of the weakness and difficulties,strengthen the research and practice of the legislation of this kind of problem,the improvement of China’s investment system and the stock right transfer system,and balance the vitality of the market and to protect the transaction is beneficial.