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Restriction on the Rights of Shareholders with Defective Capital Contribution

Author: WuYongGang
Tutor: LiJianWei
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Defective Contributed Shareholders' rights Limit
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 271
Quote: 5
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Abstract


Contribution from shareholders is the basic obligations of the Company, the shareholders, the shareholders shall pay in full the respective articles of association of the company subscribed capital contributions. Shareholders' capital contribution constitutes the company's capital is the premise of the company to obtain legal personality, the company is also operating activities of the basic material conditions. However, the shareholders of practice various forms of defects funded endless this regard seriously affect the company's capital to enrich the detriment of the interests of the other shareholders and the company's overall, on the other hand, also increased the risk of market transactions, affecting the security of transactions, indirect damage the interests of the creditors of the company. Shareholders' contribution defective, whether it be able to enjoy the qualification as a shareholder, but also able to enjoy the rights of shareholders to be able to enjoy the rights of shareholders, such rights should be restricted whether due to the lack of relatively clear provisions of the Law \theorists into a long debate. System combing the basis of the theory of the rights of shareholders, to flaw shareholder shareholders qualifications for entry point, the shareholders' capital contribution, the relationship among the qualification of shareholders and shareholders' rights, clear blemishes contribution shareholders shareholders' rights should be restrictions on the system legal analysis of the basis of the flaw shareholder shareholders the right to limit the principled standard for such restrictions and path, and then put forward recommendations to improve our the flaw shareholder shareholders' rights system to limit. In addition to the introduction and conclusion, the text is divided into four chapters, each chapter reads as follows: The first chapter of shareholders' rights theory carding system. Shareholders' rights to shareholders based on the sum of its qualification as a shareholder of the company rights, is a special membership rights, including the right of return on assets, to participate in the company managers the right to information and other rights. The rights of shareholders shall be based upon the positioning to obtain the qualification as a shareholder rather than the other. The second chapter discusses the flaws funded qualification of shareholders and shareholders' rights. Shareholders in breach of its obligation of contribution constitute defects funded. Qualification as a shareholder to obtain the actual contribution does not necessarily correspond to the relationship between defects funders can have the qualification as a shareholder. Qualification as a shareholder shareholders 'equity on the basis of but the shareholders qualifications does not mean that enjoys full rights of shareholders, if there are flaws of capital to shareholders, the shareholders' rights should be subject to appropriate restrictions. Chapter flaw shareholder shareholders the right to limit the in-depth legal analysis. The legitimacy of the flaw shareholder equity limit performance in many aspects of the contract theory, the principle of equality of shareholders, equity and justice, the principle of good faith and interests equitable. In case of the shareholders defects funded, the proportion of equity subject to appropriate restrictions should be based on the actual situation of the defects funded, in principle, should be exercised in accordance with the proportion of paid-in capital contribution, rather than the proportion of equity should not be restricted. Defects funded shareholders shareholders the right to restrict the path by laws and regulations or judicial interpretation of the Articles of Association of the company and the shareholders' meeting, such as several of the restrictions. Chapter IV presents the perfect flaw shareholder shareholders' rights in China to limit legal thinking. The current legislative and judicial regulatory restrictions on the flaw shareholder shareholders' rights are still to be perfect, should limit the limits on the path to further clearly defined, and improve the system of removal of the flaw shareholder in China on this basis.

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