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Research on the Legal Issues of Stock Equity Contribution

Author: ShiQiongZuo
Tutor: WangYueLong
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Stock equity Contribution Capital
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 156
Quote: 0
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Abstract


Traditionally, there are three types of capital systems in companies, namely, legal capital system authorized capital system and tradeoff capital system. Based on the confirmed capital system, there are three doctrine of capital, namely doctrine of capital determination, doctrine of capital maintenance, doctrine of unchanging capital.If you need to determine whether the equity investment can be used as a form of contribution, then the possibility of equity capital is required to be studied.I mainly refer to Japanese jurist Shimura Harumi in its "research on current investment of material," a book on physical capital are eligible for the "four elements theory" the possibility of equity investment to be demonstrated, which composes of certainty, existing values, possibility of evaluation and possibility of transfer.There are major differences between the countries that belong to the 2 different legal systems. Countries that adopt British & US Law system take a loosen rule on the contribution, which means that Claims, Equity, Service and Credit can all be accepted. On the other hand, countries that adopt civil law system (e.g. German and Japan) will have a stricter rule on the contribution, which means that service and credit will not be accepted as a way of contribution. I will have an overview of the legal requirements of the above mentioned countries.In explaining the basis of legitimacy of equity capital, equity capital further in-depth study of the company, the economic environment at the potential benefits and drawbacks in practical operation in the measure of equity capital the role of the pros and cons, or any future legal risk to pre- Judgment and prevention.Equity contribution of the legal problems faced by, generally divided into two types of equity shares to investors before the defective, that is, equity capital due to defects caused by legal issues arising equity contribution; the other is in the process of equity investment assessment, performance of the program violated the law, legal problems caused by equity investment.Equity investment made in a number of aspects of theoretical discourse, the value of their own uncertainty and operational not standardized, will share the company, the investee company, its creditors and the interests of minority shareholders and other companies to a certain legal risk, the author of five aspects of equity capital from a legal recommendation that the conditions of strictly limited funding, assessment verification process control, information disclosure of equity capital, equity investment limits and restrictions on investment in equity and equity re-investment to fill the responsibility.

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