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2016 Fiscal Year Final Research Report

Response and development of Company Law and Tax Law to the transition from profit concept to surplus concept

Research Project

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Project/Area Number 26380143
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeMulti-year Fund
Section一般
Research Field Civil law
Research InstitutionKansai University

Principal Investigator

MISHIMA Tetsuya  関西大学, 会計研究科, 教授 (70309342)

Co-Investigator(Renkei-kenkyūsha) SHIBA Kenji  関西大学, 会計研究科, 教授 (40154231)
Research Collaborator SPINDLER Gerald  
Project Period (FY) 2014-04-01 – 2017-03-31
Keywords会社法 / 税法 / 利益 / 剰余金 / 資本
Outline of Final Research Achievements

It was found that the scale and features of the company are closely related to the role of the capital system. For example, if it is a listed company, it is considered to be a company subject to the Financial Instruments and Exchange Act, and is widely monitored by disclosing accounting information. On the other hand, small-scale closed-stock companies are outside the scope of the Financial Instruments and Exchange Act, and the accuracy of the financial statements is not guaranteed, allowing management to be carried out arbitrarily by management. The meaning of the capital system differs in these different companies.
In conclusion, it can be said that establishing large and small categories capital and surplus legislation in the Company Law or the Financial Instruments and Exchange Law as a legislative theory is desirable in terms of current creditor protection and efficient use of corporate funds.

Free Research Field

会社法

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Published: 2018-03-22  

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