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Study On The Acceleration Due To The Investment Responsibility Of The Company Under The Capital Subscribed System Of The Company

Posted on:2019-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:N LinFull Text:PDF
GTID:2416330548458712Subject:Economic Law
Abstract/Summary:PDF Full Text Request
"Company law" in 2013 by the National People’s Congress for re revision,the company’s registered capital of the largest change.Include the cancellation of the original legal minimum paid registration requirements to shareholders in the company’s articles of association freedom within the agreed investment period of subscription registration,and the contribution of the minimum amount of time and do not have mandatory provisions of law.This modification has been in practice for nearly two years,and has caused some problems.If any delay shareholders investment period and the articles of association of the agreed time or even malicious growth agreed investment period method to avoid contribution obligation,which is fatal to its creditors into vested interest is uncertain,it usually takes a few years or even decades of time to recover the corresponding rights and interests,which has brought huge risk.This period of up to several decades to increase the interests of creditors of the company’s creditors,not only completely beyond the legal requirements of justice and fairness,and led to a series of new problems to be held responsible for the shareholders.Therefore,the capital system reform under the background of this company,how to regulate and protect the rights and interests of the creditors of the company also raised the company’s theory and practice community attention and discussion,especially for corporate non bankruptcy in reality,it can accelerate the investor’s liability due to controversial decision.Based on the hypothesis for the first proposition,collection and analysis of the domestic and foreign research situation,subscribed on the shareholders liability of acceleration impact on the behavior of the capital of the company,analyzed the necessity and implementation problems and investor’s liability of acceleration,and explores the effective ways to achieve in the current company the legal system of the paper is divided into five parts of the study.First of all,the research background,significance,domestic and foreign research and practice are introduced.Then the second part of the new "company law" in the content and scope of the responsibility of the shareholders,makes an overview of the content and scope of the theoretical circles on its contribution to accelerate the maturity of the pros and cons of the two aspects of the dispute.The third part affirmed the necessity that the company capital payment system under the investor’s liability of acceleration,and in-depth analysis of the implementation analyzes several problems to be solved,including subscription capital system to shareholders investment period autonomy the lack of rational restriction.The fourth part puts forward the implementation of company capital system recognize the effective way to pay shareholders liability of acceleration,including clarifying the subscribed capital contributions of the shareholders under the responsibility and obligation to sideline,fully explain the responsibility of innovation and improve the legislative supervision mechanism of shareholder by the company law.Finally,the paper makes a summary and prospect.Through the study of the company’s capital contribution to the legal responsibility in accelerate maturity,this paper provides a theoretical basis and support to improve the relative researches.
Keywords/Search Tags:the company capital system, the responsibility of the shareholders, the implementation of the problem, the way to accelerate maturity
PDF Full Text Request
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