Research On The Legal Issues Of Accelerating The Expiration Of Shareholders’ Capital Contribution Obligations In Non Bankruptcy Situations

After the reform of the subscription system in China,the acceleration of the expiration of shareholder contribution obligations has become a hot topic in theory and practice.Granting shareholders the benefit of capital contribution deadline and canceling the capital verification procedure have greatly promoted the development of China’s market economy.However,due to the hasty reform and the lack of a supporting system to protect the interests of creditors,there have been some problems in practice such as non payment of subscribed capital,excessively long investment deadlines,and skyrocketing registered capital,which makes the guarantee function of subscribed capital of the company ineffective and significantly increases the risk of investment by creditors.The author of this article attempts to seek a solution by analyzing the dilemma of balancing the interests of shareholders and creditors in current judicial practice.On the basis of numerous scholars’ research,the author has conducted research on "non bankruptcy accelerated maturity".The first chapter of this article mainly introduces the controversial focus issues in non bankruptcy accelerated maturity through relevant cases;On the basis of an overview of the accelerated expiration of shareholders’ investment obligations under non bankruptcy conditions,Chapter 2 summarizes and summarizes the current legal provisions,differences in judicial judgments,and academic disputes in China,and injects its own thinking and analysis.Finally,Chapter 3elaborates on the necessity of establishing this system,the judgment of relevant elements,the allocation of burden of proof,the improvement of company information disclosure,and the establishment of a capital call mechanism,Attempting to find an applicable path for legal research on accelerating the expiration of shareholders’ investment obligations in non bankruptcy situations.