On the Protection of Creditor's Interests under the Capital System

The latest revised the company law established the subscribed capital system, this system gives shareholders greater autonomy, also produced a risk transfer to the creditors of the company shareholders' massive investment failure consequences, the creditors may be infringed, so it is urgent to find countermeasures. The author believes that the company shall do experience management transparency, the capital information disclosure to the creditors, asset information and credit information. Excessive profits means that the company received shareholder assets to repay creditors to reduce, so can improve the profit distribution system, through agreement and other ways to limit excessive dividends. Shareholders directors on the company holds the actual operating rights, should increase based on the board of directors diligent and faithful obligations and responsibilities, and increase the company's joint liability. Finally, to disregard the proper use of the corporate personality, refined two of them Applicable standards.