As early as 2008,litigation for company capital reduction has become a legal cause of action.The current judicial situation in China shows that when the company's capital reduction is improper and causes disputes,creditors often realize their cause of action by analogizing piercing the corporation veil,shareholders'withdrawal of capital,enforcement of dissenting actions,etc.,and rarely realize their rights through capital reduction disputes.The litigation mode and causes of disputes over company capital reduction are showing a phenomenon of idleness.However,such analogies go against the basic legal doctrines of company law,not only leading to confusion in judicial decision-making rules,but also actually harming the overall interests of the company,all creditors of the company,and the litigation rights of shareholders who re-duce their capital.The institutional root of the above phenomenon is the Article 22 and Article 177 of the 2018 Company Law.The 2023 Company Law provides a new path and approach to address the above-mentioned idleness phenomenon.China should promptly establish a unified litigation model and judicial rules for company capital reduction disputes in ac-cordance with Article 226 of the 2023 Company Law,based on the invalidity and revocability of company resolutions.
company capital reduction litigationpiercing the corporation veilwithdraw capitalcompany legal per-son
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维普
