Maintaining Paction Security Is The Focus Of The Reform Of The Industrial And Commercial Registration System.

< p > < strong > (1) < a href= > http://www.91se91.com/news/index_c.asp > > Industrial and commercial > /a > registration system reform and innovation the creditor's long-term protection mechanism < /strong > /p >

< p > investment incentives often require loosening the strict control of the company capital system, but objectively will bring new challenges to creditors protection.

Legislators should innovate the creditor protection mechanism, and improve the pre risk prevention and ex post rights relief mechanism.

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< p > < strong > (two) subscribed < a href= "http://www.91se91.com/news/index_c.asp" > registered capital < /a > sooner or later should be paid "/strong > /p".

< p > the company established under the registered capital subscription system is actually a new organizational form of shareholders who undertake joint and several liabilities for their debts with their subscribed registered capital.

Because of this, the author does not think that after the registration of paid in capital system is changed into a subscription system, a large number of investors will be spawned with unscrupulous and false nominal capital.

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< p > < strong > (three) sunlight is the best preservative, and the bulb is the most effective policeman < /strong > /p >

< p > the key to creditor protection is not the amount of registration capital and the actual situation, but the pparency and credibility of the company.

This requires the establishment of a rational creditor education system to enhance creditors' self-protection awareness, enhance their ability to acquire and analyze corporate credit information, reduce information search and processing costs, and completely eliminate superstition and over reliance on the minimum registered capital system.

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< p > it is recommended to include information on product quality, food safety, business registration, tax payment, wage payment, social security payment and other information into the integrity system, and establish a complete and unified trial system to reduce the risk of social integrity.

The most urgent task is to integrate the various integrity databases of the state organs of industry and commerce, taxation, public security, customs, people's courts and other national institutions based on the economic household registration database of the industrial and commercial sector, so as to realize interconnection and seamless connection at an early date. Finally, a unified national credit information database of cross regional, cross sectoral, cross industry, information sharing, speedy, efficient, 24 hour all-weather, 360 degree and all directional user friendliness companies will be built.

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< p > < strong > (four) < a href= "http://www.91se91.com/news/index_c.asp > > creditor < /a > education work must be unremitting" /strong > /p >

< p > under the framework of the registered capital subscribed system, creditors should not exaggerate, superstition, worship or even obsessed with the role of registered capital. They should use adequate, sufficient and good use of the contract law, the property law and the guaranty law to protect the smart resources for security. We should be good at conducting the due diligence investigation on guaranty acts and be cautious when examining various guarantee modes.

If a creditor makes a reasonable and careful examination of the articles of association and company resolutions of the Guarantee Corporation, he still can not find the fact that the resolution documents are false or invalid. Even if the resolution of the shareholders' meeting or board of directors is revoked or confirmed by the people's court after the signing of the guarantee contract, it will not affect the validity of the guarantee contract signed by the bona fide creditor and Guarantee Corporation.

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< p > < strong > (five) perfect the accountability mechanism of the dishonest persons < /strong > < /p >.

< p > to ensure that creditors receive timely and equitable rights relief, we must improve the accountability mechanism for dishonest companies and their related dishonest persons.

This back-end control mode, which provides the ex post remedy for creditors, is complementary to the prior preventive mechanism.

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