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Civil Liability for Defects of the Shareholders Capital

Author: XuJing
Tutor: PengZhenMing
School: Central China Normal University
Course: Legal
Keywords: Defective capital contribution Responsibility of shareholders Shareholder liability civil liability
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 150
Quote: 1
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Abstract


Shareholders of the company have invested and continue the economic base, the survival of the company is significant, so the real contributions of the shareholders should be timely, lawful and adequate and effective. Flaws of capital not only against the company shareholders, other shareholders also undermines the legitimate interests of creditors of the company, which the shareholders shall have the flaw should bear corresponding civil liability. Civil Liability for defects of shareholder capital, we must first find out from the main body, including commitment to the company, other shareholders and creditors of the company and their legal relationship between the legal basis of responsibility between, followed by the other shareholders of civil liabilities in the form and relief way that required to continue to learn from foreign countries to fulfill their obligations and start the ex-rights procedures and practices of litigation, etc., for the creditors of the company should bear the civil liability and remedy defects funded mainly through the company’s creditors, shareholders bear the added responsibility and so on. Shareholders and investors should defect from civil liability, has been a scholar and judicial practice has been the focus of industry in general.05 Companies Act before the provisions in this regard there is a big deficiency and vulnerability, but in general terms the shareholders should bear the responsibility for funding flaws, but the specific nature of the responsibility of commitment, other shareholders, the company and its creditors to protect their own the interests of shareholders held on Civil Liability for defects contribution not made clear. To this end, the Company Law in the development process of improvement in this respect, in many systems have been improved, as proposed by representatives of the shareholders of the Company Law Litigation, etc. These systems of innovation, on the one hand help to avoid hurting the interests, the interests of safeguarding the company’s conduct and supervision of shareholders, but the other hand, some of the relevant theory and system building is not perfect, and many other reasons, some still problems in the new company law amendment has not been perfect and address, theory and legislation sectors need to be further intensified research.In this paper, reference and analysis of cases of domestic legislation and scholars of different viewpoints in the analytical understanding of the meaning of shareholder capital contribution and defined defects, the company, other shareholders and creditors of the company’s responsibility for the nature of analysis, the flaws of capital to shareholders the shareholders of Civil Responsibility principles and the company, shareholders and creditors of the company should bear civil liability, etc., a theoretical analysis, a combination of many foreign countries, advanced concepts and practice, and on this basis, the author presented some of their own understanding, superficial views and ideas In the reference, reference and research funding developed countries and regions and its civil liability for shareholders over the theoretical results, practitioners in China are now existed some problems facile comment. On the funding issue, the paper types listed in the form of a legitimate investment, notes and comments; Capital to shareholders of offense, when the illegal form of investment at different levels, etc., explained in stages, covering the theory and practice as much as possible a common problem; On Civil Liability for flaw shareholder issues, from theoretical analysis and discussion of a variety of responsibility principle, and put forward their own views, and specifically discusses the various forms of flaw shareholder, the paper also describes and analyzes the flaws of capital shareholders civil the main responsibilities of the recovery.

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