Research On The "Non-Bankrupt Accelerated Maturity" System Of Shareholders’ Capital Contribution Obligations

In 2013,my country’s capital system underwent major reforms.The paid-in capital system was reformed into a subscribed capital system,and shareholders enjoyed more autonomy.Registered capital is the basis for the establishment and operation of a company,and it is also the basic guarantee for its responsibility.Under the subscription system,shareholders arbitrarily agree on the capital contribution period and the actual capital availability is low.The company’s solvency and risk bearing capacity are greatly weakened.When the company’s property is unable to pay off its debts,the creditors can only pin their last hopes on the outstanding shareholders.However,the traditional creditor’s rights repayment path-the "bankruptcy acceleration system"and the legal personality denial system cannot truly protect the interests of creditors,but will lead to Many emerging companies improperly withdraw from the market,causing a great waste of social resources.For this reason,if the shareholder’s capital contribution obligation can be expedited without bankruptcy,it will be able to realize the debtor’s rights as they mature and at the same time enable the company to survive the debt crisis safely and continue to operate.In practice,there have also been cases of creditors requesting shareholders to accelerate the expiration of their capital contribution obligations,but the judicial authorities have different attitudes.The reason lies in the lack of legal basis and the existence of theoretical disputes.Therefore,if my country can try to construct this system under the premise of clarifying the theoretical problem of "non-bankruptcy accelerated expiration",it will have a very positive effect on my country’s commercial adjudication and market economic environment.In view of the above situation,this article demonstrates the theoretical basis of the "non-bankruptcy accelerated maturity" system for shareholder’s capital contribution obligations,and proves that this system has a solid theoretical foundation.The "accelerated expiration" system is clearly stipulated.