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Shareholders flight funded identified and related liability Perfection

Author: ZhuZuo
Tutor: LuZhiAn
School: Fudan University
Course: Legal
Keywords: Shareholders withdraw the capital contribution identification legal liability civil liability
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 81
Quote: 0
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Abstract


The corporate capital is the initial and indispensible part of corporate property, which is not only the material basis of the corporation establishment but also the guarantee for external transactions. Meanwhile, the capital lays the foundation on the occurrence of debts and loans. Thus, the enrichment and integrity of capital insures the perfect personality of corporation, and the contribution constitutes the most basic obligation of shareholders. To corporation, the contribution of shareholders guarantees the formation and existence of the corporation. While to creditors, it plays an important role in handling debts disputes. Consequently, whether the shareholders contribute according to laws as well as the Articles of Association or not will both exert profound influence on the corporate organization, other shareholders as well as creditors as the third party. Unfortunately, all forms of withdrawal of capital exist everywhere. And the effective methods to deal with such abnormal phenomenon almost can be found nowhere in our current laws and regulations. So, it is sensible and necessary to launch a deep research on it.This thesis consists of four parts to demonstrate the legal issues caused by withdrawal of capital of shareholders by integrating the methods of contrasting, analysis and induction with the hope of putting forward some useful advices on the perfection of current laws and regulations.The first part of this thesis generally gives the overview on the behavior of withdrawal of capital including its definition. Based on the analysis of all kinds of views, I tend to believe that such behavior indicates after the contribution of shareholders or sponsors, they withdraw their capital partly or totally through violating laws and regulation, Articles of Association or Financial Accounting Standards. In addition, further analysis of the reasons and hazards follow up.The second part of this thesis mainly contains the analysis of the specific constitution of the behavior of withdrawal of capital in terms of subject, subjective aspect, object, objective aspect. Apart from it, by comparison with fake contribution, borrowing behavior, a further step in giving its definition and clarifying some kind of non-shareholder’s withdrawal of capital comes into shape.The third part of this thesis is basically composed of the stipulation and deficiencies of current laws regarding criminal, administrative and civil legislation. The unique analysis of the shortages of the above legislations gives rise to the conclusion that the stipulation of civil laws needs more attention. Specifically analyze the civil liability of the shareholders with a glimpse into their obligation to corporation, other shareholders and creditors by ways of discussing the nature of liability, responsibility principle and the realization of such liability.

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