Research On Legal Issues Of Defective Equity Transfer

With the establishment of the company’s registered capital subscription system in my country,low-cost entrepreneurship has stimulated the enthusiasm and activity of investment in the commercial market,but the long-term uncertainty of shareholders’ investment obligations has led to shareholders’ failure to fulfill their investment obligations in real life.,failure to fully fulfill the obligation of capital contribution,withdrawal of capital contribution and other defects in equity investment.With the increasing frequency of equity transfers,legal problems caused by defective capital contribution equity transfers are not uncommon,which have brought a strong impact on the company’s system,capital maintenance principles and market confidence,and seriously infringed on the company,creditors and fulfilled investment obligations.interests of shareholders.In practice,the issue of contract validity,responsibility assumption and rights relief arising from the transfer of defective capital contribution equity are not uncommon.Controversy and different viewpoints have also emerged on the issue of assuming responsibility,and all parties have also fallen into different dilemmas on the road to safeguarding their rights.Therefore,it is very important to recognize the equity with defective capital contribution factors,and to understand the legal responsibilities of all parties in the transfer process of defective capital contribution equity,which is conducive to solving the problem of the circulation of defective capital contribution equity,clarifying the responsibilities of relevant responsible subjects,and protecting the rights and interests of relevant stakeholders..This article will combine the principles of civil and commercial law,judicial cases,and laws across the country and Jiangsu Province to sort out and study the connotation of defective capital contribution equity and the legal effect of the transfer of defective capital contribution equity.The issue of responsibility and rights relief in the process of the transfer of defective capital contribution equity is finally implemented,and the disputes arising in current practice are clarified in combination with theoretical research,judicial cases,and judicial viewpoints,so as to better resolve actual disputes and maintain normalcy.market transaction order.The main text is divided into three chapters.The first chapter is an overview of defective capital contribution equity,which mainly discusses the connotation,main types and characteristics of defective capital contribution equity.Combined with academic viewpoints,laws and judicial practices,readers can have a preliminary and comprehensive understanding of defective capital contribution equity.bedding.The second chapter combines different mainstream views and judicial cases,and conducts a legal analysis on the two most prominent issues in disputes,the validity of the transfer contract and the assumption of post-transfer liability in the transfer of defective capital contribution equity.Based on the research and analysis of the second chapter,the third chapter unifies and standardizes the determination of the validity of the defective capital contribution equity transfer contract and the assumption of civil liability,and discusses and summarizes the more controversial issues in the determination process in detail.