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Changing The Registered Capital Paid System To The Subscription System Is A New Investment Mode After Getting On The Train And Buying The Tickets.

2014/5/22 11:03:00 202

Registered CapitalReal Payment SystemInvestment Mode

< p > < strong > (1) helps the majority of entrepreneurs to realize their dream of investing and developing their business. < /strong > < /p >


< p > in order to encourage low and middle income people to invest in business, the reform of the business registration system will no longer limit the initial contribution ratio and the time limit for full payment of shareholders (sponsors) when the company is established. The company's paid capital will no longer be used as a business registration item, and the system of registered capital subscription will be implemented to reduce the cost of starting a company.

There is no doubt that these measures will help investors to set up a company with relatively low registered capital.

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< p > < strong > (two) the registered capital subscription system is the inheritance and development of the reform of the company's capital system in 2005 < /strong > < /p >


< p > the theme of the reform of the registered capital subscribed system is very distinct. That is to continue to promote the reform of subscription payment and graded real payment system.

In other words, the registered capital is less than a href= "//www.sjfzxm.com/news/index_c.asp" > registration system < /a > the essence of the reform is the inheritance and development of the reform of the company's capital system in 2005.

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< p > < strong > (three) the registered capital subscription system is applicable to all kinds of < a href= "//www.sjfzxm.com/news/index_c.asp > > Company /a < /strong > /p >


< p > registered capital subscription system is applicable to all kinds of companies, including both limited liability companies and Limited by Share Ltd. It includes both diversified equity companies and one person companies; it includes both the Limited by Share Ltd launched and the Limited by Share Ltd established by public offering and directional collection; both ordinary entities and investment companies.

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< p > < strong > (four) the time limit for the accelerated payment of the paid investment period is less than /strong > /p >


< p > after the company enters the liquidation process, the shareholders promise to invest, but the capital contribution obligation of the shareholder is deemed to expire in advance.

Because shareholders' commitment to subscribe to capital contributions is not only binding on shareholders but also between shareholders and companies and even creditors of the company.

The creditor of a company has the right to give credit to the company on the basis of reasonable reliance on the commitment of the shareholders.

Therefore, the company's entry into liquidation proceedings can be regarded as the actual obligation of shareholders to pay capital contributions.

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< p > after the company has entered the bankruptcy liquidation process, the insolvent company can not repay the debt in full, and the shareholders' contribution obligation is regarded as an early maturity, so as to raise the repayment ratio of the creditors.

After the company enters the general liquidation process, although the total assets of the company are enough to repay debts, it is not certain whether every specific creditor of the company can get full payment.

Therefore, the shareholders' obligation to pay capital contributions will expire speedfully.

If the creditor is fully compensated, the shareholder may divide the remaining assets according to the actual contribution ratio (including the capital contribution).

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< p > > < strong > (five) < a href= > //www.sjfzxm.com/news/index_c.asp > the abuse of registered capital < /a > and related relief < /strong > < /p >


< p > if the dishonest shareholder undertakes to pay all the subscribed capital within 5 years of the company's establishment, it will inevitably cause disputes between the defective capital contribution shareholders and the full investment shareholders, between the defective contributive shareholders and the company, between the defective contributive shareholders and the creditors of the company.

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< p > in terms of the relationship between the defective capital contribution shareholders and the full investment shareholders, because the company law does not stipulate the shareholders' delisting system and the procedure of loss of rights, it is difficult for the shareholders to make full use of the liabilities of the defective contributive shareholders and to make full contributions to the legal capital of the outstanding shareholders.

This is precisely the focus that the people's courts and arbitration institutions should pay attention to.

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