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公司资本是公司享有法人资格和独立对外承担责任的物质性基础,而这取决于公司股东如约如实缴纳出资。现实中股东出资瑕疵多有发生,这就导致其他如实如约缴纳出资的股东、公司和公司债权人的利益受到损失,面对这一问题我国公司法并没有作出全面合理的规定,而现行公司法的相关新规定也过于原则,缺乏可操作性,基于此,本文将具体分析公司股东出资瑕疵时责任的性质和承担。
Corporate capital is the company’s legal personality and independent external responsibility, the material basis, which depends on the shareholders of the company to pay about truthfully. In reality, there are many flaws in the capital contribution of the shareholders, which leads to the loss of interests of other shareholders, companies and creditors of the company who actually pay the capital contribution. In the face of this problem, our company law has not made all-round and reasonable provisions, and the current company law The relevant new rules are also too principle, lack of maneuverability, based on this, this article will be specific analysis of the nature of the responsibility and commitment of the shareholders of the company when the funding flaws.