Research On The Effectiveness Of The Company’s Capital Reduction Under The Subscribed Capital System

The main review of "Company Law" in 2013 established the capital system of the company,centered on the subscribed capital system,BUT the capital operation system of the company corresponding to the capital system remained at the stage of the paid capital system,The capital reduction is an indispensable method and measure in the capital operation process of the company.If the capital reduction procedure of the Paid capital system is still applied under the subscribed capital system,Although the Law of Companies has SIDO Magazine several times,the system related to the reduction of capital of companies has not been improved.A number of problems caused by the reduction of the company’s capital,such as the effectiveness of procedural failures,The lack of supervision and the responsibilities of shareholders became the focus of disputes in theoretical and practical circles.Thus,within the framework of the subscription system,How to improve the confirmation system of the effectiveness of capital reduction of the company and ensure the system of "Company Law" is the focus of this article.Through the "Company Law" system,compares the Impact of the Capital Reduction of the Company under the Paid Capital System and the subscribed Capital System,and clearly recognized the need for the effectiveness of the company’s capital reduction."Company Law" always reflects the degree of development of the market economy of my country.The capital system of my country has progressed from a strict legal capital system to a relaxed legal capital system and then to a subscribed capital system.A company’s capital reduction consists in reducing the company’s share capital.Compared to the strict statutory capital system,the legal holding capital system reduces the government’s previous control of the company,but both belong to the statutory capital system.The capital of the companies follows strictly the concept of "Three Principles of Capital".Compared to the capital reduction of the capital system paid in,the capital reduction of the company under the subscription system reduces not the existing capital of the company,but also the reduction of the future capital of the company.the determination of the effectiveness of capital reduction.Compared to the actual payment system,the subscription system is more in line with the Development of the current Market Economy.However,the company’s capital reduction system in the MEU still follows the concept of "legal capital system",and there is a disconnection between the system of capital and the system of capital reduction.In the current legislation of the MEU,the effectiveness of capital reduction is mainly concentrated in the laws,administrative regulations and departmental rules related to the capital reduction of enterprises,and the regulations are relatively simple,most of which are additional explanations to the relevant provisions of the "Company Law".It turns out that the company’s capital reduction disputes are mainly based on the determination of the effectiveness of the capital reduction.Defects such as excessive simplification of the notice of capital reduction,unclear announcement,Short term and unclear responsibilities of shareholders are all reasons for the failures in the effectiveness of the reduction in capital of the company.From the point of view of the comparative legislation,the main selections are the Law of Swedish Companies,the Law of Delaware Companies,The Japanese Company Law and other laws are used as samples to seek the reduction of foreign companies from various aspects of the reasons and conditions for capital reduction from foreign companies,the company’s capital reduction resolutions,BEM As the company’s capital reduction procedures and solutions.Standards for determining the effectiveness of capital.Through a comparative investigation into the determination of the effectiveness of capital reduction of foreign companies,Provides a space for analysis and discussion on the legislative reform of the determination of the effectiveness of the determination.In the perspective of prevention and post-relief,the FIM to avoid the capital failure of the Employment Reduction.Precautions should be based on the basic concept of efficient and safe regulation of business capital,with the ultimate aim of balancing the capital reduction efficiency of the company,the interests of the company and the interests of external creditors as a fundamental objective,clarifying the type of capital reduction of the company,and improving the method of notification and the content of the capital reduction,the FIM preventing the reporting obligation from becoming a mere formality;Improve the advertising system of the company’s information so that creditors can know in good time the company’s capital changes and real operating conditions.The post-incident exemption must be based on the protection of creditors’ interests,the search for a balance between the company and the creditors,In clarifying the effectiveness of reducing defective capital,in identifying the mechanism of liability of shareholders,and strengthening the application of the denial system of personality in the Field of Reducing Corporate Capital.