法学论文中文摘要英译

Legal Issues of equity contribution

Keywords: equity investment capital

Abstract text:The traditional system of company capital is mainly the following three: legal capital system, the authorized capital system and compromise the capital system, a clear system based on the company's capital, but also established the principle of the traditional capital, that the principle of capital determination, the same principles of capital and capital maintain the principle. As the national capital system features the company's in-depth exploration and legislative changes in practice proved that the credit is phasing out the capital, and assets of the credit into the move is an extension for the investment in the form laid a basis in reality.

Equity is a comprehensive right to independent existence, in the transfer of different types of equity also have some differences in the equity capital to be invested before the need to carefully determine the suitability of investment options. Determine options are available as investment in the form to be on the equity capital of eligibility to study, I mainly refer to the Japanese jurists Shimura rule the United States in its "current physical investment research," a book on the current property investment eligibility of the "four elements said, "that uncertainty, the value of existing properties, and independent evaluation of the possibility of transfer of the four elements may be on the equity capital of eligibility to be demonstrated.

Two Legal countries in terms of equity investment regulations are quite different, as the representative of the United States common law countries, more relaxed way of contribution, you can use debt, equity, labor, credit and other funding. But in Germany, Japan-based civil law countries regulate the way of investment is more conservative, does not allow labor, credit and other financing, equity capital of the way they are developed more stringent procedures. The author describes several of these countries share capital of the legal regulation profiles.

In explaining the basis of legitimacy of equity capital, equity capital further in-depth study of the company, the economic environment at the potential benefits and drawbacks in practical operation in the measure of equity capital the role of the pros and cons, or any future legal risk to pre- Judgement and prevention.

Equity contribution of the legal problems faced by, generally divided into two types of equity capital before the share to the existence of defects, that is, equity capital due to defects caused by legal issues arising equity contribution; the other is in the process of equity investment assessment, performance of the program violated the law, legal problems caused by equity investment.

Equity investment made in a number of aspects of theoretical discourse, the value of their own uncertainty and operational not standardized, will share the company, the investee company, its creditors and the interests of minority shareholders and other companies to a certain legal risk, the author of five aspects of equity capital from a legal recommendation that the conditions of strictly limited funding, assessment verification process control, information disclosure of equity capital, equity investment limits and restrictions on investment in equity and equity re-investment to fill the responsibility.