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The Legal Problems of False Capital Contribution

Author: YuJing
Tutor: YangAng
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Contribution system Shareholders False capital contribution
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 43
Quote: 0
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Abstract


As the typical form of the modern enterprise, the company raised its operating advantages of risk diversification, to make indelible contributions to social development. Capital is the company’s blood, there is the material basis for the company. In our country, false investment is serious, not only harmful to the company’s own survival and development, and dealing with a company harm the legitimate interests, disturbing social order and undermine the credit market.This paper focuses on investor behavior and false investment funded legal responsibility to do the analysis and discussion. Full text can be divided into five parts. The first part describes the contribution system and shareholder status. First, an overview of funding system, including the three basic contribution system, the three principles of capital, investment methods. Second, eligible shareholders are introduced and the evolution of development. Finally, the elements to obtain shareholder qualification are introduced.The second section describes the false investment. First, how to identify false investment, including investment in the form of false and false identification of elements of funding. Second, the property value of the property for investment were analyzed. Finally, to clarify the dangers of false investment, including a false contribution to the company, its creditors, the market risk.The third section describes the false investment of shareholders in the law. First, an overview of the legal liability of shareholders of the characteristics of false capital contribution. Second, that the shareholders should not lose funding because of false eligible shareholders. Finally, donors highlighted the false civil liability.The fourth section describes the false investment in the agency’s responsibility. First analyzed the contribution of false accounting firm to assist the cause and nature of its civil liability. Second, it presents a false investment bank’s responsibility. Finally, the individual in a false investment accountant’s responsibility.Part five describes the causes and countermeasures falsified. First described the phenomenon of the proliferation of falsified some of the reasons, the fundamental reason or value orientation of too much emphasis on legislation to maintain transaction security. Then introduces the measures of response to a false capital contribution, the application, including legal and other means to prevent false investment.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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