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Equity contribution Legal Issues

Author: XuGuoQiang
Tutor: ChenZuoSong
School: East China University of Political Science
Course: Legal
Keywords: Equity contribution Assets credit Assessment of equity Legislative Regulation
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 164
Quote: 0
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Abstract


Shares-right is available and important property right, as a new kind of equity contribution, equity contribution has raised a lot of controversies in both theoretical and practical area of the Chinese Company Law. Accompanied with the implementation of“Administration Regulation on the Registration of equitycontribution”, the debate about the fit and proper of equity contribution has subsided. However, regarding to questions about the conduction and issues derive from equity contribution, yet the related regulations need to be perfected. This paper, combined with the legal theory of the Chinese Company Law and company practices, is going to discuss the theory and practice of equity contributionBesides the introduction and conclusion, the article is divided into four parts; one is the background of equity contribution; two is the subjects and objects of equity contribution; three is the procedure of equity contribution; four is the form and effectiveness of defective equity.Chapter1 is on equity contribution in the view of diversity of capital contribution. On the basic of the corporation credit transform from capital credit to assets credit, Equity contribution presents a trend of diversification. Equity contribution is admissibly on law, and has Theoretical and practical significance.Chapter2 is on the subjects and objects of equity contribution, to combine the legal provision of“Administration Regulation on the Registration of equity contribution”, analyzing the requirements of subjects and objects of equity contribution.Chapter3 is on making the procedure of equity contribution perfectly, we should improve assessment system and set up the disclosure system of equity contributions.Chapter4 is on discussing about the form and effectiveness of defective equity is which covers non-performed or partly-performed equity contribution, defectively transferred equity contribution, contribution by priority in doubt, and the contribution of pledged equity ,and force effect of the accepting party is confirmed ,and relevant methods are put forward as well. In short, equity contribution is a very complex theoretical and practical problems this article only the results have been made on the basis of a preliminary discussion, the view put forward is not net mature ,I will take further research to look forward to our equity shares on system, the perfect strategy to make modest.

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