جستجوی مقالات مرتبط با کلیدواژه « شرط حداقل سرمایه » در نشریات گروه « فقه و حقوق »

Limitation of shareholders liability to the extent of their shares in a limited liability company, could expose creditors to the risk of default of their claims. Therefore, Legal Capital as a traditional solution has been devised long ago to protect creditors rights against limitation of company shareholders liability. According to Legal Capital rules, the procedures as to provision of minimum capital by shareholders and its maintenance during the business activity of the incorporation can sufficiently secure creditors rights. Nevertheless, this issue has been questioned nowadays and in some legal systems a modern approach to Legal Capital has been established. By means of covenants and insolvency law, this recent approach attempts to introduce alternative solutions which are believed to have obviated the shortcomings of Legal Capital and enhance the protection of creditors rights. In conjunction with the study of traditional and modern approaches to Legal Capital, this essay puts forward a recommendation on amendment of current Iranian Law and recognize an intermediate approach to be the most proper solution for protection of creditors rights in Iranian Law.