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Legislative Study on the Creditor’s Rights Investment

Author: LiXiaoYan
Tutor: WangZhiYu
School: Beijing Technology and Business University
Course: Civil and Commercial Law
Keywords: Funding Form Creditor’s Rights Creditor’s Rights Investment Funding Procedures Risk Control
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 91
Quote: 0
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Abstract

The People’s Republic of China of the Tenth National People’s Congress Standing Committee 18th meeting of October 27, 2005 was amended and adopted the "The People’s Republic of China Company Law" (hereinafter referred to as "Company Law"), Article 27 of the Act provides that: "Shareholders can be funded with money can also be used in kind, intellectual property rights, land-use rights can be valued in monetary terms and can be transferred according to law the property of non-monetary price is financed; however, laws, administrative regulations, except the property shall not be funded." The law adopted the model listed plus general form of shareholder funding to be stated,China’s "Company Law" in the form of shareholder funding of major changes. Contribution of shareholders had been given the form of excessive debt security features, along with the development of theory and practice of corporate law, scholars and legislators to recognize the contribution that simply relies on the form of restrictions on the shareholders in order to achieve the guarantee company claims to some extent .The purpose is not to be effectively realized, but to a certain extent hindered the full utilization of resources. Shareholders after funding is put into the company is not constant, but rather into the company’s assets, or up or down, so the initial shareholders, funded by the realization of the secured claim is impossible.Solvency of the company’s more realistic to establish the company assets. Since the company’s credit should be based on credit from a capital to assets, the conversion of credit, legislation should be funded of course, the form of broad provisions to the extent possible use of resources.This article selected creditor’s rights in this important carrier of social wealth which can or not be invested by shareholders to form the starting point for research, using similar cross-Law and Economics, comparative study with the method of combining its national conditions attempt to financial claims of the connotation and denotation , as well as financing and risk control procedures when put forward my own ideas and opinions. With the January 14, 2009, "Registration and Administration of equity financing," The introduction of such a legislation forms the reality of options more explicit and clear .Creditor’s rights and equity financing have been highly controversial,but there’s not yet such a provision for creditor’s rights.This article from the introduction and the three major components: The first part introduces the concept of creditor’s rights investment, to clarify the connotation and extension of creditor’s rights investment , and to financial claims with several other financing options would have done a comparative analysis of the financial claims of the relevance of lattice and defects, demonstrated the creditor’s rights investment of the theoretical basis for , and the types of creditor’s rights investment were analyzed;The second part, analysis of the major countries and regions of foreign creditor’s rights investment of legislation, and the recent development trends of creditor’s rights investment in other countries, namely, those countries or regions who hold strictly to the become to allow a gradual trend. Empirical analysis from the perspective of the practice of China’s creditor’s rights investment were analyzed, and summed up China’s creditor’s rights investment in regard to the relevant legislative provisions;Part III, with an emphasis on the inherent characteristics of the creditor’s rights investment to try to devise a debt-financed funding procedures, and other forms of funding compared to the delivery of financial claims by investors and creditors to submit evidence to prove to notify the debtor (in a third person the case of financial claims). For the financial claims of insecurity, debt-funded nature of such defects difficult to assess the risks that might lead to design a set of risk prevention measures.

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