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On the shareholder capital flight and its civil liability

Author: LinBiNa
Tutor: MeiShenShi
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Capital flight Shareholder Representative Litigation Disregard of Corporate Personality Civil liability
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 198
Quote: 1
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Abstract


Shareholder contribution is fundamental obligations. In today's life, shareholders violation contribution obligation capital flight phenomenon occurs. Capital flight in violation of the principle of capital maintenance , greatly affected the company's normal operations and business reputation, harm the interests of the company and other shareholders , creditors would inevitably infringe on the company , and thus pose a threat to safety of transactions on the market . Shareholders' capital flight caused due to civil disputes abound. China's current legal system of the company is facing unprecedented challenges . It is undeniable that the current \difficult to make better use of their civil action for relief for damage suffered . Therefore, this paper combined with relevant laws, regulations and judicial interpretations of capital flight from the shareholders' point of view of civil liability for discussion and to make recommendations accordingly . The first chapter is an overview of capital flight behavior . Explains the meaning of the shareholders capital flight and the constituent elements , and introduces the main form of shareholders' capital flight and identification as well as with the relevant circumstances of the case . The second chapter is a core part of this article , on the shareholders' capital flight from civil liability to elaborate. The basic theory as the basis, starting from the nature of liability discussed capital flight shareholders of the company and its creditors tort liability for breach of duty to shareholders in full contribution and for damages , shareholder representative litigation, breaches of the complaint , limiting shareholders' rights, creditors of the company subrogation , France personality denial of the complaint and other appropriate remedies . Chapter III of the existing legal framework for the relevant provisions of the Companies Act and the existing problems , the civil liability system construction capital flight from the relator , the main responsibility , responsibility principle , the burden of proof , the statute of limitations and other aspects of improving recommendations , and shareholder lawsuit , shareholder rights restrictions , creditors of the company 's right of subrogation , legal personality , such as several special remedies to deny one by one elucidated.

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