The Exploration of the Legal Problem in the Contribution of Shareholders' Rights
Jin Zhang
Abstract
Jin Zhang
Abstract
Shareholders' rights as the one of the contribution forms have been applied for a long time in company contribution practice,which has drawn the attention of the theoretic field all along.After the amendment of the new company,further research has been done on the shareholders' rights contribution.This essay makes a conclusion that shareholders' rights as the form of the contribution have the theoretic grounds through the analysis of the three requirements needed in non-currency contribution,the property of the shareholders' rights and the transition of the conception of the capital system.And also the property of the shareholders' rights is decided by the specific regulation of the shareholders' rights contribution.Firstly,the differences exist between the subjects who can contribute shareholders' rights and the subjects who can receive the shareholders' rights contribution.Then according to the distinction of the law conduct of the shareholders' rights contribution,we should construct the specific system of the procedure concerning the shareholders' rights contribution in the respect of organized law.So,the procedure of the shareholders' rights contribution includes the contract of the shareholders' rights contribution,the shareholders' rights evaluation,the shareholders' rights variation,the change of the shareholders' rights attribute,the transfer of the shareholders' rights potential and so on.
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Shareholders' rights as the one of the contribution forms have been applied for a long time in company contribution practice,which has drawn the attention of the theoretic field all along.After the amendment of the new company,further research has been done on the shareholders' rights contribution.This essay makes a conclusion that shareholders' rights as the form of the contribution have the theoretic grounds through the analysis of the three requirements needed in non-currency contribution,the property of the shareholders' rights and the transition of the conception of the capital system.And also the property of the shareholders' rights is decided by the specific regulation of the shareholders' rights contribution.Firstly,the differences exist between the subjects who can contribute shareholders' rights and the subjects who can receive the shareholders' rights contribution.Then according to the distinction of the law conduct of the shareholders' rights contribution,we should construct the specific system of the procedure concerning the shareholders' rights contribution in the respect of organized law.So,the procedure of the shareholders' rights contribution includes the contract of the shareholders' rights contribution,the shareholders' rights evaluation,the shareholders' rights variation,the change of the shareholders' rights attribute,the transfer of the shareholders' rights potential and so on.
Key concepts: Shareholder, Shareholder resolution, Law and economics, Property rights, Business, Accounting, Corporate law, Economics