Author(s)

Zheng Zhang, Bing Jia, Haowei Fang

Corresponding Author

Zheng Zhang

ABSTRACT

In the capital subscription system, a large number of defective capital contributions have begun to appear. This paper will discuss the defective capital contributions after the transfer. Therefore, the issue of the liability for supplementary liquidation responsibility is formed. The problem of the liability for supplementary liquidation responsibility after the transfer of defective equity is mainly concentrated on the determination of the scope of the liability for liquidation responsibility and the corresponding responsibility allocation method. Personality denial theory, third-party debt infringement theory, subrogation right theory; in terms of responsibility distribution, the mainstream view of academia should be to judge the distribution of responsibility according to the consideration of the equity transfer contract. The innovation of this article is based on the mainstream view of the academic community. Procedures for realization of liquidation liability after defective share transfer.

KEYWORDS

Defective capital contribution, Contract effectiveness, Equity transfer, Joint liability