公司法修改中的几个问题（Several problems in the revision of company law）.docVIP

公司法修改中的几个问题（Several problems in the revision of company law） Several problems in the revision of company law Author: Wang Baoshu First, we should draw on the successful experience of other countries and adapt ourselves to the requirements of WTO accession The company law of our country in the process of drafting, drawing many foreign or international practice experience. However, some of the good experiences abroad were not absorbed when many of the practices abroad were studied and considered in the future. After more than six years of research and practice in comparison, peoples understanding of some of the experience has become clear, and now it is possible to draw on the successful practices of foreign countries in a wider scope. 1, reduce the statutory minimum capital limit. The current company law stipulates that the minimum registered capital of a limited liability company and Limited by Share Ltd is generally higher than that of other countries, which is not conducive to attracting foreign investment. At present, China still retains the legal system of foreign-invested enterprises. Once joined the world trade organization, implementation of the national treatment, the implementation of enterprise unified legal system, the minimum amount of registered capital is too high will mean the high investment threshold, the positive effects of foreign investors, is not conducive to mobilize the enthusiasm of domestic investors. 2, Limited by Share Ltd adopts the system of eclectic authorized capital. The existing company law stipulates the Limited by Share Ltds registered capital, and there still exists the problem of neglecting the efficiency of the companys capital. In other words, the Limited by Share Ltd implements a statutory capital system, so that some companies can not make full use of funds after raising their capital, resulting in some idle funds or non operating activities. Therefore, it is necessary to follow the foreign common practice, the implementation