| 英文摘要 |
"The new judicial policy recognizes that the company’s extension of the shareholder’s capital contribution period after the debt is malicious, and allows the creditors to request the acceleration of the shareholders’capital contribution obligation under the normal circumstances of the company. The determination of the company’s malicious intent is not comprehensive enough, nor is it clear about the other constituent elements of accelerating capital contribution system, which may cause confusion and disorder in future judicial practices. The legal structure of accelerating capital contribution system should include the identifying standard of company’s malicious intent, the qualifications of creditors, the scope of applicable shareholders, and the procedural requirements to be followed. The determination of the company’s malicious intent should comprehensively consider factors such as the time of the extension resolution of the company, the extension of capital contribution period, and the amount involved. When unsecured creditors have not been repaid at maturity, shareholders who have got extension of capital contribution shall assume supplementary repayment responsibilities within the scope of the left capital contribution, and shareholders who agree in the resolution of the shareholders’meeting shall bear joint and several liabilities. The creditors should make the request through litigation procedures. The company shall pass the resolution of the shareholders’meeting to extend the period of shareholders’capital contribution, fulfill the obligation of notification and announcement to the creditors, and go through the registration and publicity procedures." |
本站僅提供期刊文獻檢索。
