On the Liability of Shareholders to Creditors of Illegal Capital Reduction
The current capital reduction procedure in the Company Law is intended to respond to the protection of creditors'inter-ests.However,there is still lack of responsibility rules,which is not enough to realize the original intention of the capital re-duction system.The liability of shareholders to creditors due to illegal capital reduction is different from the liability of capital contribution withdrawal and defective capital contribution,which are different behaviors and responsibility basis,and are mutu-ally independent responsibility types,so independent standard should be set for the former.Shareholders'supplementary lia-bility to creditors is enough to balance the destruction of legal interests by illegal capital reduction.They do not cross the boundary of shareholder limited liability,nor do they indulge shareholder dishonest behavior.From the perspective of litigation cost and the realization efficiency of creditor's rights,creditors should also be given the right of direct compensation from shareholders with illegal capital reduction.
万方数据
维普
