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On the Systematized Institutions for the Creditor Protection in Private Company under the Authorized Capital System

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2016, (16), pp.1-22
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law

刘燕 1 舒玲敏 2 陈思宇 3

1国家工商总局国际合作司
2国家工商总局国际合作司双边合作处
3中国邮政储蓄银行绵阳市分行员工

Candidate

ABSTRACT

To streamline administration and institute decentralization, the Chinese central government has been conducting a reform of the registered capital system since 2013. The reform is charactered with the pursuit of business freedom, the weakening of the regulation function the registration and the abandon of the idea of the capital credit., which requires a different institutional design of the corporation’s creditors protection. The change of the capital system of the corporation from the paid-in capital system to the subscription capital system makes unsuitable the traditional protection systems for the corporation’s creditors which was designed for the paid-in capital system. Under the traditional paid-in capital system, the protection for the corporation’s creditors depended on the rules centered on the credit guaranteed function of the registered capital which does not exist at all. Under the subscription capital system, the lose of the credit guaranteed function of the capital system requires a comprehensive protection for the corporation’s creditors, which includes the construction of the credit system, the introduction of the investment reminder program and the use of piercing the corporation’s veil.

Citation status

* References for papers published after 2023 are currently being built.