Discussion on the Company's Registered Capital

Jingzhu Wang

《Frontiers in Economics and Management》 2卷6期 (2021/06) Pp. 29-34

https://doi.org/10.6981/FEM.202106_2(6).0007

摘要

In the context of the capital subscription system, whether ＂significantly insufficient capital＂ should be used as a reason for the denial of legal personality requires a new interpretation and understanding of relevant judicial requirements. In view of the lack of a criterion for judging ＂significantly insufficient capital＂ after the cancellation of the minimum registered capital limit, and the denial of the company's independent personality based solely on this matter is contrary to the company's autonomy and risk conceit spirit, and the ＂significantly insufficient personality denial＂ is gradually declining in judicial practice, Therefore, ＂significant capital shortage＂ should no longer be used as a reason for the denial of legal personality, and the limited liability of shareholders should not be influenced by the amount of registered capital. I also think that there are certain flaws in the company's registered capital regulations. If this problem is not resolved in time, it will inevitably affect economic development and bring instability to society. This article attempts to start with the three systems of registered capital, combining with my country's actual situation, to find the flaws in the provisions of registered capital in my country's ＂Company Law＂, and to propose measures to solve the problem to ensure the orderly progress of economic development.

關鍵字

Registered Capital ； Company Law ； Significant Capital ； Legal Capital System

參考文獻

Qiu Jingrong: Research on the Balance of Interests Between Shareholders and Creditors (CITIC Publishing House, China 2008).

Ge Weijun: Corporate Capital System and Legal Issues Concerning Creditor Protection (Law Press, China 2007.

Chou Xiaoguang: Research on countermeasures for protecting the interests of corporate creditors (China Social Sciences Press, China 2011).

Huang Hui: A Comparative Study of Modern Corporate Law-International Experience and Its Enlightenment to China (Tsinghua University Press, China 2011).

Wang Zuoquan, Ma Xudong, Niu Liyun: Legal Protection and Empirical Analysis of Company Stakeholders(Law Press, China 2010).