Research On Accelerated Expiry Of Shareholder’s Investment Obligations In The Subscription System

The establishment of the full subscription system enables the shareholders to freely agree on the duration and amount of the subscription contribution,resulting in the practice of the issue of uneven protection of shareholders and creditors,but the current laws and regulations cannot solve this problem,and the theoretical and practical circles cannot reach a consensus.This article begins with the legal dispute of Guiyang XX Real Estate Co.,Ltd due to the maturity of debt and the unexpired subscription capital,which leads to the question of whether the shareholder’s capital contribution liability can be accelerated to maturity.This paper is divided into four chapters:The first chapter discusses the basic theory of accelerated expiration.By exploring the background of subscription system,it is clear that the connotation of the accelerated maturity system of shareholders’ capital contribution obligation under the subscription system is the property which has not been repaid after the enforcement of the company by the court in the case of non-disruption and non-settlement.After analyzing the legitimacy of the applicable system,this paper puts forward the problems existing in the judicial practice and the different positions in the academic field.The second chapter expounds the applicable laws are listed,and then the opinions of the judges who support and don’t support the accelerated expiration are evaluated.Finally,the opinions about the accelerated maturity of shareholders’ capital contribution in the Nine People’s Minutes are evaluated.The third chapter expounds the legislation of accelerating the expiration of foreign capital contribution to shareholders and the enlightenment to our country.Through the comparative analysis of the legislation of the United States and Japan,the enlightenment to our country is obtained.The fourth chapter expounds the accelerated expiration system is established in the Company Law,and then the accelerated expiration system is linked up through other supporting systems.