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UM E-Theses Collection (澳門大學電子學位論文庫)

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Title

論我國内地公司資本制度改革 : 以債權人保護為視角 = On the reform of corporate capital system in Mainland China : creditor protection in perspective

English Abstract

In 2013, "Corporation law" was modified, the minimum registered capital system that was no longer adapted to today's economic development was abolished, which was a significant reform in our company's capital system. In the aspect of the protection of creditor's interest, the traditional legislative default mode was also abrogated, reflecting legislation dynamic states of the protection of creditor's interest from pre-control to post- remedy. However, the reform is a double-edged swords. Although the standards of market access for company were reduced, which brought vitality to the market economy, it produced a series of transaction issues, and the protection of creditor's interest was also threatened. In today's market where seriously lacks credibility of trade, the establishment of company has turned from the statutory capital system into the subscription capital system, which makes the creditors unable to determine the company's assets and credit merely based on the registration information published by public authority. In the aspect of the obligation of capital contribution, shareholder's obligations are stipulated in the articles of incorporation, which almost not restrained by the modified "Corporation law"; if the shareholders violate the obligation of capital contribution or abuse their rights, which is bound to harm the legitimate interests of the creditors of the company. In the context of the company's subscription capital system, how can capital credit transform into the asset credit? How do the creditors relief when the shareholders do not perform the capital contribution in the subscription period? What means and methods should also been taken to improve the protection of the interests of creditors after the introduction of the modified "Corporation law"? Introducing current the system of corporate capital in 澳門大學碩士學位論文 extraterritorial Chinese Corporation law can use which part of mentioned legal system for reference. This thesis will discuss and do deeper research about mentioned questions. This paper will discuss about these issues, and put forward some ideas and suggestions on the promotion of “Corporation law” and the protection of the interest of the creditors.

Issue date

2016.

Author

張旭

Faculty

Faculty of Law

Degree

LL.M.

Subject

Corporations -- Finance -- Law and legislation -- China

公司 -- 財政 -- 法規 -- 中國

Capital -- China

資金 -- 中國

Debtor and creditor -- China

債務人與債權人 -- 中國

Supervisor

Wang, Wei

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Location
1/F Zone C
Library URL
991001663269706306