Research On Accelerated Maturity Of Shareholder’s Contribution Obligation

Since the company’s registered capital subscription system does not stipulate the minimum capital amount,the company’s establishment requirements have become lower,and some shareholders have taken advantage of this change and began to agree on unreasonable capital contribution periods and unreasonable capital contribution amounts.These behaviors have led to the company credit decline.In the process of engaging in business activities,since the creditors do not know the real assets of the company,the risk to the creditors is increasing,so there are more and more cases involving the company in the society.Under this circumstance,in order to coordinate the relationship between creditors,shareholders and other subjects,and improve the protection of creditors by the current system,here is a study on the accelerated expiration of shareholders’ capital contribution obligations.Based on the above problems,through reviewing various ways such as literature and cases,it is found that there are different views in the practical and theoretical circles on the issue of the accelerated expiration of shareholders’ capital contribution obligations.For example,there are support theory,opposition theory and neutral theory.Among them,the support theory believes that the accelerated expiration of shareholders’ capital contribution obligations has the advantages of high efficiency and low cost,and the creditors themselves bear the existing risks.When the company’s assets cannot offset the liabilities and cannot pay off the debts,the creditors can require the shareholders to expedite the fulfillment of the capital contribution obligations.Neutrality theory believes that it is very necessary to establish a mechanism for shareholders to accelerate the performance of their capital contribution obligations on the basis of the subscription system,but the precondition is that the company is difficult to operate and has not yet gone bankrupt.In other words,only some of the creditors are applicable to the type classification,without taking all the term interests of shareholders.The objection said that the creditor did not have the right to claim,so it did not support accelerated expiration.Through the overview of the accelerated expiry of shareholders’ capital contribution,the article has a certain understanding of Article 6 of the newly promulgated Minutes of the Nine Peoples,which in principle does not support the accelerated expiry of shareholders’ capital contribution obligations,but at the same time lists two exceptions The first is the case where the company is the person subject to execution,and the court has exhausted all means and still has no property to execute,and the second is that after the company incurs debts,the shareholders’ meeting resolves or extends the period of shareholders’ capital contribution by other means.This article discusses the application and predicament of the accelerated expiration of shareholders’ capital contribution obligations in judicial judgments in my country.Different judges have different understandings of the accelerated expiration of shareholders’ capital contribution obligations,which leads to various judgments in judicial practice.And further study the three conditions that should be met for the accelerated fulfillment of shareholders’ capital contribution obligations under the subscription system: first,the company is currently in a normal operating state;second,it is unable to repay its debts;There is no express provision for capital contribution in my country,and it is necessary to continue to improve the relevant legal system.There are some shortcomings in the application of the accelerated expiration of shareholder capital,and the application basis of the theory is not clear.This article discusses the realization of shareholders and shareholders under the subscription-based capital system from the aspects of substance and procedure by sorting out theoretical viewpoints and judicial practice.The perfect method for the coordination of creditor interests.For example,there are the establishment of the company’s capital contribution management committee,the establishment of a shareholder capital contribution reminder system,and the construction of suggestions for the accelerated expiration of shareholders’ capital contribution obligations.