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Debt funded Legal Issues

Author: GengHuiHui
Tutor: KouGuangPing
School: China University of Political Science
Course: Legal
Keywords: Debt funded Claims eligibility Debts are eliminated Claims to the
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 100
Quote: 1
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Abstract


In the context of economic globalization, the creditor is playing an increasingly important role. The famous economist H. McLeod (H.Macleod) in the 1881 edition of the \We will not hesitate to answer - is the first to discover the claims can buy and sell goods. \also its legal regulation becomes necessary. The Companies Act of 2005 of the Companies Act 1993, a the broadsword wide government innovation, summarized and cited a combination of modes to reduce restrictions on the form of non-monetary contribution, but can become a form of statutory funded debt funded The new Companies Act does not make specific provisions generally require only \From the current domestic practice, policy debt-equity swap, convertible bonds and other capital contributions to the company claims is allowed, but the claims against the third party funded debt-funded operation, especially for the third person of the limited liability company very conservative. Angle to be demonstrated on the basis of the review of previous studies from the theoretical basis of the eligibility analysis, comparative analysis, the drawn debt funded this capital contribution in the form is the trend. In addition, a comprehensive analysis of the risk characteristics of the debt-funded, corresponding preventive measures. This article is about Liangwan Zi In addition to the introduction and conclusion of the first part of the five-part overview of the debt-funded, first defined the concept of debt-funded next common type of debt financed theory type classification introduced. In addition, due to debt funded this contribution form with the improvement of the status of the debt itself, the changes in the value orientation of the company's capital system is closely related. Therefore, in order to better expand this chapter the concept of debt funded Discrimination. The second part is the theoretical foundation funded by the claims, first expounded the creditor status change in modern society; Second, the value orientation of the company's capital system of debt-funded. By value targets demonstrate the efficiency and safety of the two dialectical relationship, it is pointed out that the company's capital should be the primary pursuit of efficiency, transaction security issues should be checks and balances by other system regulation. In addition, capital credit and asset credit discrimination, debt guarantees real material basis of assets rather than capital. Finally, this chapter were to third party debt financing and the two financed types of the company's debt funded, to law theory as the basis for the analysis. The third part is the analysis of the debt funding eligibility. First cash cow funding eligibility doctrine, followed by analysis of China's \Four Important \The fourth part of the legislative practice mainly on the domestic and foreign debt funded. Attitudes and regulation of the first effects of the civil law, funded by the major countries of the Common Law claims, followed by analysis of legislative, judicial this attitude and regulation, and finally concluded: debt financed has become the trend of the times. Part V describes the risk and its regulation measures financed by the creditor. That debt financed with uncertainty illegal qualitative characteristics of nonpublic. Therefore, the legislative response to this system to regulate it. First, the introduction of debt funded system publicity mechanism; Second, determine the assessment mechanism in line with China's national conditions; legal provisions of the proportion of the debt conversion; Fourth, the specification of the rights and responsibilities of the bond-funded.

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