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A Probe into the the form of of the our country shareholders of the Company capital contribution

Author: XiangFeiYu¡¡HuangJing From: www.yourpaper.net Posted: 2009-05-04 19:53:59 Read:
Abstract: In capital contribution, is the One of the key the formation of by the the capital of the company, shareholders in the when to the establishment of the in the company were Capital Contribution constitute both the capital of the company, the an important step in in values ??is designed in case of Company in the the the establishment of of, but also the the Shareholders as a the most basic obligations of; Among them, the the select the of the shareholders' capital contribution the subject matter of, the the the determination of of the share of the contribution is the most direct The The The ground affect the forward to the the true of the capital, the most is conspicuously embodies the the Game of company under the Company Law of in the the in the the the pursuit of of the safety, efficiency, impartiality value of philosophy, the most sensitive lightly touched upon the of the to the the conflict of interests between in the from companies and private individuals in, shareholders, creditors.. Therefore all have clear to it then, countries the in the form of of shareholders 'capital contribution now provisions of, the difference in different degree of However, due to to the different the legal traditions of and the actual situation of the various countries on the the shareholders' capital contribution form and content of but also has a. In our country With the to the the the deepening of the development of of the market economy, in In order to meet the the reality need to cubic in the organs of on China's the Companies Law carried out the new Amendment, of which the requirements of the the form of on the relevant shareholders' capital contribution as compared to the the original the Companies Law have made great progress. The the significance of that is in the In this paper, from shareholders 'capital contribution the departure by comparing the abroad relevant legislation, in the a a certain extent on the the on the the of China's new the Companies Law shareholders' capital contribution the form of Analysis on the carried out of.
Key words: the form of shareholders' capital contribution; comparison trips; Legislative background;
of the the form of a non-the capital contributions in currency paid by

The capital contribution is refers to the the when the when the the establishment of of the shareholders of the Company in the company or to increase capital, the According to the legal and the the provisions of of the Articles of Association, be agreed upon in accordance with the share subscription agreement, to the company delivery of any property or the discharge of other benefit obligation in in order to to to obtain the the equity interest in the behavior of. Capital contribution a key of the is the capital formation of the, the The System Value of of the the Legislative Orientation of the capital contribution the form of with the company capital existence of the the convergence of of the the ultimate goal of. "'s Foreign terms of the relationship, the an aggregate capital amount for the the the The only warranties for of the corporate debt; internal the terms of the relationship, the the the amount of of the capital contribution the for the of the right to shareholders calculate the basis for our." Shareholders in the when to the establishment of the in the company were Capital Contribution constitute both the capital of the company, the an important step in in values ??is designed in case of Company in the the the establishment of of, is also the shareholders of the the most basic obligations. Therefore the the relevant shareholders' capital contribution the Legal Regulation of in the the Company system as a whole has an important position and legal significance.

First, the
by the the legal significance of of the shareholders' capital contribution

1. Shareholders' capital contribution is the the shareholders' basis for to to obtain the equity interest in of have, the and its essence is the the peer-price of the equity interest in, is The the shareholders' the fact that to to obtain the equity interest in of have are accounted for according to and the report of the legal according to the
The the so-called equity interest in is the an independent right to of the the the a kind of enjoyed by by by the shareholders in respect of its status of the shareholders. It is composed of shareholders' capital contribution the the transfer of of the ownership of the property while the the formation of is the statutory rights of of an funders investment the creation of a Company, or through obtained by the the the transferee of shares while the. The is mainly reflected of the the the relationship between of shareholders' capital contribution with the equity interest in for the:
(1) of the shareholders are the equity interest in those who enjoy the. The the shareholders of of the limited liability company is the because of its initiated the establishment of companies to. Paid in full and for the options its have shall be the total the the capital contributions of of subscribed and in the a corporate the Articles of Association is available in the the the signature or seal of while the for inclusion in the shareholders of the Company the of natural persons in of the roster of or legal person. The the shareholders of of a joint stock limited company is is funded the to subscribe for of and holds a the of the shares of issued by the Company been included in the the of natural persons in of the roster of or legal person of the shareholders of the Company. Is prohibited. With reference to the of China's existing laws rules and regulations of at the same time the the administrative authority and the the state officials in the initiated of as the company's.
The (2) The shareholders' capital contribution the legal effects stemming is the the a prerequisite for of to to obtain the equity interest in of for shareholders at the same time is also the the transfer of by the in which an equity interest is.
2. Shareholders' capital contribution is the formation of the the basis of of the company's capital. The capital of the company comes from the shareholders 'capital contribution, the sum of the the contributions by the shareholders of the Whole is to the company's capital total amount of shareholders' capital contribution is to the formation of the the the basis of of the the capital of the company. In In order to ensure the the the determination of of the company's capital and enrich the, countries The Companies Law contains are generally provisions of the a strict Shareholder's contribution in system. On time capital contribution the the statutory obligations of the the shareholders of the is thus ensuring the the the determination of of the company's capital, The Shareholders shall not the the provisions of that you withdraws the capital contribution is embodied in the the the requirements of of the capital maintenance, the legal form of capital contribution will be easy to affect the the form of capital contributions of capital stability dispatched the outer thus ensuring the the to determine stable of the company's capital and enrich the.
3. Shareholders' capital contribution is the the the premise of
of the limited liability of shareholders
The debts of the company, the the the limited liability with the the the the difference between of the unlimited liability shareholders of the is based on in the on the the the Companies Law bear the whether the of their capital contribution is limited to the extent of the amount of. To their contribution and to its shareholders be borne the debts of the company the responsibility of the the is the limited liability; the unlimited responsibility is to a does not amount of its contribution of the shareholders of for limit but rather with all its property the debts of the company the assumption of unlimited joint and several liability. While the the the premise of of the bear limited responsibility for to its shareholders is its in accordance with the the the relevant provisions of of the the Companies Law and the Articles of Association of the Company to fulfill the his obligations in respect of making capital contribution, If you do not to fulfill his obligations in respect of making capital contribution in accordance with the law will be bear the risk that the the corresponding capital contribution obligations of and the liability for breach of contract, and even lead to the Corporate Personality is deny that to be while the loss of limited liability foundation. Therefore the the proportion and amount of-funded by the Company the Articles of Association Shareholders 'Agreement is the-sharing the standard of the the Shareholders on the the of corporate debt responsibility is also the to distinguish between the the the basis for of the the limited liability and the unlimited liability; shareholders' capital contribution is a foregone for its bear the the the conditions of the the premise of of the limited liability, while the in the in fact, other civil law countries of all shareholders The the out of the capital contributions of reaches the The Company statutory amount of minimum capital then the is conditions of the to obtain the independent of of the Company legal person Personality and bear the the independent responsibility the premise of.

Second, the the relevant shareholders of the of abroad and Commercial Laws in capital contribution Form - rule of a Comparative Study of

In view of the capital contribution in the the in the the formation of of the the capital of the company an important role in, with the system of capital contribution is also the Company laws and regulations in the can not or will missing, whether it is the countries of the separation of by the Combination of Civil and Commercial Laws, or civil and commercial, also whether it is on whether to the civil law or the the countries of the Anglo-American legal systems of the, are in the the the Civil Code or is Commercial Code, in the the's company law of the single-line, on the the capital system or exhaustive or briefly to the to do of of to make has been stipulated. Overview of the abroad About the the on the Legislation of the shareholders' capital contribution the form of, For requirements of the cash contribution for the of the of very much the same, while the the About the the Legal Regulation of of the the capital contributions of the non-cash are at different stages; examine the the the legislative of these countries, will also be found that the the the property of range covered by by the these different concepts, type, is also a Having difference.
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