Research on the Legal System of Shareholder Contribution Forms

Author: Bo Yanna
Publisher:
Publish Date: 2005-08-01
Features: This book attempts to reconstruct the legislative philosophy of the forms of shareholders' contributions through comparative methods, economic analysis of law, and case study methods, and takes this as a starting point to explore the legal system of shareholders' contribution forms. In the argument that interweaves and emphasizes the interdependence between corporate legislative philosophy and the legal system of shareholders' contribution forms, this book examines the credit foundation of the company, reshapes the legislative philosophy of the company, and takes this as the framework to design the legal system of shareholders' contribution forms. The institutional arrangements are permeated with innovative corporate legislative philosophy and implicitly explain fundamental questions such as whether we need legislation, what kind of legislation is needed, and why such legislation is necessary. Assets and capital have long been confused in usage, but from a legal perspective, they are concepts with different connotations and extensions. Statutory capital system, capital three principles, and limited liability of shareholders have excessively granted the function of creditor guarantee to the registered capital of the company, and the minimum registered capital system is also a product of this illusion and fiction. Therefore, legislation stipulates relatively stringent forms of shareholders' contributions. This book analyzes the essence of net asset contribution, explaining that net asset contribution is not only an investment in owner's equity but also involves the transfer of obligations during the contribution process.