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Capital system and the protection of creditors related legal issues

Author: CaoLin
Tutor: BaiGuoDong
School: Fudan University
Course: Legal
Keywords: Capital System Capital three principles Creditor Protection Company's profit distribution Capital reduction
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 199
Quote: 3
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Abstract


The company's capital system is the core company law regime , is also a priority of China 's Company Law Reform . With the modifications of the Companies Act 2005 , China pursued strict statutory capital system has a certain degree of easing trend . Corporate capital system is closely related to the interests of creditors , in the context of company law reform , system innovation for the benefit of creditors should not be overlooked , how scientific and rational design , improve the system of creditor protection become a top priority . In view of this, this article is based on the new institutional framework of the Companies Act , from the point of view of the creditor protection , select the company some of the operational phase of the system design to do some discussion , the construct can be more effectively protect the interests of creditors of the company capital in China and France rules. In this thesis, a total of three parts : the first part of the article describes the concepts and basic theory of corporate capital system . Mainly includes the concept of capital , capital under the three principles of statutory capital system , the creditors of the concept and its legal status , as well as on the company's capital system generated theory ( with limited liability and conflicts of interest ) , and a brief introduction of the company capital system mode and creditor protection status . The second part of the article elaborated the theoretical basis of the three principles of the company's capital and the internal logic , as well as the principle of evolution in recent years the company's capital and its impact in China and France . The third part of the article is a detailed analysis of the Company's profit distribution rules , less contact between the funding rules and creditor protection , drawing on the relevant legislation of foreign made ??a review of our existing rules of distribution of profits and capital reduction rules , and proposed some suggestions for improvement , and hope to provide a more effective and comprehensive legal protection for creditors of the company .

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