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On the Voting Trust

Author: ZhouYeYong
Tutor: DongLing
School: University of Foreign Trade and Economic
Course: Legal
Keywords: Vote Voting Trust Of minority shareholders protection
CLC: D922.282
Type: Master's thesis
Year: 2006
Downloads: 201
Quote: 0
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Abstract


Existing Company Law Corporation protection of interests of minority shareholders , there are many systems missing, resulting in the damage of the interests of minority shareholders phenomenon exist to varying degrees . The phenomenon of causing damage to the interests of minority shareholders is the controlling shareholder of the use of their voting rights , \Of minority shareholders as the main force in the capital market participants , the protection of the legitimate rights and interests is the cornerstone of the healthy operation of the market , for the realization of the values ??and ideals of fairness and justice , the need to protect the interests of minority shareholders damaged . The voting trust is an effective way to protect the interests of minority shareholders . The legal system of the overseas countries and regions on the Voting Trust has relatively complete . The face of modernization and harmonization of the trend of the company 's legal system , we must actively introduce and absorb the successful experience of foreign companies legislation , and efforts to open up new suitable for China's national conditions of minority shareholders protective pathway which voting trust system is regarded as a practical line effective way . Use of the voting trust, to contribute to the real implementation of the corporate governance structure , to maintain the relative stability of the shareholding structure . In addition, the Voting Trust has a low operating cost , simple and flexible constraints . Therefore , China's legal system Voting Trust is necessary and feasible . In this paper, the actual situation in China , and put forward legislative proposals as follows : 1 . Companies Act , the Voting Trust special provisions to make general provisions of the Voting Trust system ; 2 . Specific rules explicitly voting trust ; special legislation be provisions , such as mergers and acquisitions law ; 4 . amend the current China 's Trust Law \

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Trust, Credit Act
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