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On the shares of the dissenting shareholder appraisal rights

Author: JinChunYing
Tutor: WangYanHua
School: Zhengzhou University
Course: Legal
Keywords: dissented shareholders young shareholder the right to repurchase
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 27
Quote: 0
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Abstract


The defination for the appraisal right of dissented shareholders is when the company general meeting of shareholders makes the significant influence resolution to benefit of the company shareholder, the objection shareholders are not satisfied with this resolution result, and have the right to request the company or other shareholders holding the stock to purchase their stock as certain price. The so-called resolution that has a significant influence on the company shareholder’s benefit, including: the merge and separation of company, the modification of articles of corporation, business transfer, business acception, the hiring, the entrusted operation, the changement of related contract with other people tradement, the significant change of company organizational structure, the unfair implemented by behavior majority shareholders, the profit has not assigned by the company and so on.This article says that, the introduction of the appraisal right of dissenters is a big progress for Chinese "Law of corporation".But, there are also some flaws in contents, this system stipulated by present "Law of corporation" cannot safeguard the young shareholder’s benefit effectively, for example: the system of appraisal right of dissented shareholders to be fit for what kinds of company not be clear, the suitable situation is not so broad, cannot cover all shareholders who requesting preservation, the procedure safeguard stipulation is not exhaustive, the appraisal price have no the system safeguard and so on.Therefore, Chinese "Law of corporation" must reference the legislation experience from the various countries reasonably, to improve provisions of the appraisal right of dissented shareholders .This article is divided into four parts:The first part, the legislation present situation and the existence question on the appraisal right of dissented shareholders of China .The analysis of the meaning nature about the appraisal right of dissented shareholders、our country the legislation present situation and the legislation flaw of China.The second part, the rationale and the legislation comparison of the appraisal right of dissented shareholders.The introduction of the origin and the development about the appraisal right of dissented shareholders, and analyzes the rationale and the legislation style about the appraisal right of dissented shareholders, the evaluation of the value and the flaw about the appraisal right of dissented shareholders.The third part, the essential factors about .The introduction kinds of the essential factors about the appraisal right of dissented shareholders, including the situation, the main parts, the procedure, the price and the limit.The fourth part, the suggestion of improvement about the appraisal right of dissented shareholders of China. The proposal of legislation suggestion for improvement should absorb the legislation advanced experience from overseas.Depending on the analysis after the above several aspects, I hope my green perspectives on the article will be beneficial contribution to this system consummation of China.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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