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Funded Liability of the Shareholders of Defects

Author: MaZhiYu
Tutor: YangYuKai
School: Shenyang Normal
Course: Legal
Keywords: Shareholder Flaws of capital Liability
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 143
Quote: 1
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Abstract


The contributions by the shareholders is founded on the basis of the shareholders invested defective, not only affects the company's capital adequacy principles, had a negative impact on the overall operation of the company and the entire socialist market economic order. The first part of this article flaws of capital to shareholders conceptual analysis of proposed capital contribution flaw is that owned or shareholder does not comply with the laws, regulations or investor agreement monetary or non-monetary contribution, including false capital contribution or withdrawal funded, not full funding, delay funded improper performance of funded and other manifestations. Then the shareholders bear the value of the liability funded defects analysis, to shareholders invested defects regulation is the protection of the company, other shareholders and creditors interests, that its value base is that the theory of the principle of equality of shareholders, equity and justice and the interests of balance; first The two-part of the shareholders 'capital contribution flaw behavior effect around the flaws of capital shareholders the ability to obtain the qualification of shareholders and shareholders' rights that the investment made by shareholders, although there are flaws, but because it has been legally set forth in the register of shareholders of the Company and after legal industrial and commercial registration, should have the shareholders entitled to the rights of shareholders. However, its contribution defective, so that the shareholders of the shareholders' rights also defective, in order to protect the interests of the company, other shareholders and creditors; third part analyzes the foreign shareholders legislative developments, pointed out the flaws of capital relief in some countries capital contribution flaw remedies, including physical relief and procedural relief. Our the capital contribution flaw is the division of responsibility for civil liability, administrative liability and criminal liability; case flaws of capital shareholders on the company's responsibility, the responsibility of the company fulfill its funding obligations to shareholders and the responsibility of the creditors, as well as verification, the rating agencies and the liability of directors, supervisors and senior management of the company capital contribution flaw; fourth part of the article, China's current legal flaws of capital regulation, some ideas, first pointed out that China's current contribution defects liability system is still not perfect, the capital contribution flaw shareholders of the company, other shareholders of the Company and claims responsibility for a problem, and the burden of proof to the allocation of responsibility there is also the problem of irrational, administrative responsibility, criminal responsibility, significantly more than the proportion of civil liability, that China should learn from foreign entity and procedures the legislation of the country, establish and improve China invested defects liability system, including the expansion of the flaws of capital to shareholders epitaxial explicitly funded defects liability company, other shareholders and creditors, and funded the burden of proof of the defective shareholders and creditors inverted, administrative liability, criminal liability and civil liability coexistence prevail civil liability, to comply with the tenor of the legislation of the Act; procedures should improve the capital contribution flaw accountability, including the right to recover, to require the company invested provisions of interest penalties and deposit penalties, the provisions of The loss of the right procedures.

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