Research On Accelerated Maturity Of Shareholder’s Capital Contribution Under Subscription System

In 2013,our country carried out the reform of the company’s capital system,changing the registered capital paid-in system to the subscribed system.According to the reformed regulations,the company founder has the right to agree on the amount of capital contribution,the method of capital contribution,and the time limit for capital contribution.The restrictions on the minimum registered capital limit and the form of capital contribution are removed,and the company no longer needs to submit when registering.Verification report.While this reform has brought about investment convenience,it also has an impact on the Three Principles of Capital.The uncertainty of corporate capital adds additional transaction risks to creditors.At the same time,the excessive freedom given to shareholders under the subscription system and the lack of corresponding institutional constraints have also caused some new contradictions.The most important issue is whether the company can expedite the expiration of the capital contribution obligations to shareholders when the company has debts that cannot be repaid and is not bankrupt.In practice,there have also been cases of different judgments in the same case.Based on the analysis of the current system of accelerated maturity of shareholder’s capital contribution obligations under my country’s subscription system,this article draws on relevant systems outside the territory and puts forward some suggestions to improve the system of accelerated maturity of shareholder’s capital contributions in my country.This article is mainly divided into four chapters.The first chapter is the introduction of the article,which mainly explains the background of the topic,the significance of the topic,research methods and research innovations.In the research method,this article adopts the method of literature research,comparative research,and empirical analysis.The second chapter is an overview of the accelerated maturity of shareholders’ capital contribution obligations under the subscription system.Explains the concept and types of accelerated maturity of shareholder’s capital contribution obligations under the subscription system;academic disputes on the accelerated maturity of shareholder’s capital contribution obligations,including the affirmative,negative and compromise theory;judicial practice supports and does not support accelerated maturity Analysis of the main points of view;analysis of the existing difficulties in the application of the current law,respectively from the "Bankruptcy Law","Company Law" and related judicial interpretations and other aspects were elaborated.The third chapter analyzes the relationship between the common law system and the civil law system in the accelerated expiration of shareholder’s capital contribution responsibility and its enlightenment to my country.In this regard,it is necessary for our country to clarify the scope and prerequisites of the denial of legal personality system,reasonably learn from the legal debt theory,improve the application system of the principle of public order and good customs,and strengthen the company’s information disclosure.The fourth chapter puts forward some suggestions on the construction of a system for accelerating the maturity of shareholders’ capital contributions under the subscription system.Improve the standards for clarifying the company’s inability to pay off due debts,expanding the interpretation of Article 13 paragraph 2 of the "Company Law Judicial Interpretation(3)",and judging the period of capital contribution based on public order and good customs,so as to better promote the health of the market economy Develop and safeguard the legitimate interests of the company’s creditors.