Article 52 of the Company Law represents a groundbreaking achievement in establishing the disenfranchisement of shareholders system,which positively addresses the rapid surge in disputes arising from shareholders'capital contributions.However,this provision remains vague in several aspects of its institutional framework,necessitating clarification of its functional objectives and further detailed explanations.Moreover,the application of the shareholder disenfranchisement system entails interactions with other company law regimes,and it is imperative to clarify how to harmonize it with related systems from a holistic perspective.When initiating the disenfranchisement process,the directors'obligation to call for payment in the context of disenfranchisement must be distinguished from regular payment reminders,as they serve different purposes in triggering the disenfranchisement procedure.In specific applications,since the shareholder disenfranchisement system essentially incorporates the"expulsion of shareholders"system,the former takes precedence.Once a shareholder loses their equity due to unpaid capital contributions,they remain liable for compensation to the company and creditors.
Disenfranchisement of ShareholdersRemoval of ShareholdersCompany Law
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