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Research on Protecting the Rights of Few Shareholders during Corporate Division

Author: ZhangZhaoZuo
Tutor: LiuWen
School: Southwestern University of Finance and Economics
Course: Economic Law
Keywords: corporation division the rights of minority shareholders appraisal right of dissenters lawsuit of invalidation division
CLC: D912.29
Type: Master's thesis
Year: 2007
Downloads: 283
Quote: 1
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Abstract

Corporation division is the best tactic of corporation restructuring by shrinking their dimensions to the best point of being fit with their managing ability in order to adapt and exist according to inner decision in the surroundings of changing rapidly. The value of efficiency should be achieved while getting corporation restructuring according to corporate division and the value of equality is to protect shareholders and creditors from infringement when corporation carry out structure adjustment. The emphasis probably be connected are special approval-resolution of shareholders’meetings, appraisal right of dissenters and so on.The structure of this essay is as follows: Firstly, I briefly introduce the meaning and value of researching how to protect the right of few shareholders during corporation division. Meanwhile, I explain the academic foundation of this topic, such as principle of equality of shareholders. Secondly, I particular analyze the primary right of few shareholders during corporation division one by one. It’s the emphasis of this paper. There are right of being aware of information about corporate division, right of voting of different kind of shareholders and appraisal right of dissenters. What’s important, the right of being aware of relative information is the foundation of the second right, in other words, the right of voting of different kind of shareholders, and the appraisal right of dissenters is the logical extending of the second right. Thirdly, after discussing the idiographic rights of few shareholders, this essay studies how to relieve if these rights have been damaged. There are two approaches: within- judicature and beyond- judicature, and show the priority sequence between them. Finally, in the base of the corporation law from abroad, I give some suggestions how to perfect the regulations about protecting the few shareholders during corporate division.

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