Author(s)

Zhang Ke

Corresponding Author

Zhang Ke

Abstract

The amendment of the “Company Law” in December 2013 marked the completion of the company’s capital system reform. In the case of non-bankruptcy, when the company is unable to pay off the debt, can the company＇s creditors request the shareholders who have not made the capital contribution period to fulfill their capital contribution obligations in advance? At present, there is no uniform refereeing rule in legislation or legal interpretation, which leads to a large number of different cases in the judicial trial practice, cannot be effectively alleviated and curbed. It is clear that the author's point of view is that in the case of non-bankruptcy, the creditor cannot request the shareholder's contribution obligation to expedite the expiration, and points out the legal basis on which it is based. The author's point is to solve the problem, focusing on the rights relief mechanism in which the creditor cannot request the shareholders' contribution obligation to accelerate the expiration in the non-bankruptcy situation. This series of relief mechanisms mainly includes the company's accelerated expiration of claims in special circumstances, the introduction of bankruptcy settlement system, the establishment of court inquiry procedures, the improvement of the collection system, and the improvement of the company's credit disclosure system.

Keywords

Shareholder Contribution Obligation, Accelerated Expiration, Theoretical Analysis, Relief Mechanism