论股东出资瑕疵对股权行使的影响

On the Influence of Shareholders Equity Flaws on Share Right Exercise

新《公司法》实行严格的法定资本制,变实缴制为认缴制,这样,承认瑕疵出资人享有股权势在必行。但是,其与出资完整的股权应有所区别。因此,对股东出资瑕疵影响股权行使的根据、内容以及恢复进行讨论具有现实意义。

New “Company Law” has strict statutory capital system and change real payment system into the subscription system, so it is imperative to recognize that the flaws investors have equity. However, integrity shares and equity investors should be differentiated, so it is of practical significance to discuss the basis, content and the resumption of the influence of shareholders equity flaws on share right exercise.