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The Realization of Employee Stock Ownership Plan Though Trust

Author: YouWenJing
Tutor: GuanXiaoFeng
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Employee Stock Ownership Plan Trust Duty of loyalty
CLC: D912.28
Type: Master's thesis
Year: 2007
Downloads: 187
Quote: 2
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Abstract


ESOP is a tremendous and social functions in the Western developed countries, and has achieved remarkable results in the way employees to participate in corporate governance, because the program showed a positive economic and social functions, so in the world gradually be promoted. But as a good run in other countries and to play an active role in the program, in our country has suffered a double legal and practical obstacles that had to let us further from where research questions, how to solve the problem! Article It is along the ideas, research and analysis of employee stock ownership problems on the basis of what kind of methods proposed design ESOP ESOP can give full play to the positive role, and completed a post-specific operational ESOP pattern design. Paper is divided into introduction, body, conclusions of three parts, the text includes four chapters. The first chapter is the status of the ESOP in our analysis. ESOP in our country in the 1990s has been widely implemented, the body can be divided into the ESOP ESOP Association, trade unions and individuals, but the subject of several holdings of existing laws and regulations exist with contradictions, as its main holdings legal barriers exist; addition, the ESOP in practice no relevant laws and regulations, there is no uniform standard can be observed, so the ESOP in the country showed different characteristics, but also brought a a series of negative effects, mainly in: sparked corruption; forming the gray market and the stock market have an impact, employee incentive effect is difficult to play. Because of these legal barriers as well as the negative effects of the practice, so the state has adopted policies to stop the issuance of employee shares. The second chapter is the way the value of the ESOP Analysis and Empirical Research. In order to provide this research can learn the contents of the section describes two typical ESOP foreign theories, namely \ownership of economic, social and personal benefits are analyzed to point out the implementation of the ESOP in our country is still necessary; foreign ESOP order to have a general understanding of practice, the article analyzes several typical state employee and summarizes the status of ownership of their common features and give us inspiration, these features include: the specialized agencies of the shares held by employees for centralized management, ESOP and employee pension and insurance plans associated countries in legislation to give incentives to encourage employee stock ownership plan implementation and strict restrictions on the transfer of shares held by employees. The third chapter is the choice of mode of ESOP and its legal system architecture. That part of the core of the article, the first two chapters based on the analysis, the authors analyzed the basic principles of trust and legal characteristics, derived from the analysis of these characteristics with the ESOP trust design advantages, namely to avoid workers individual holding company ownership structure caused by the instability of the trustee can make use of the expertise achieved increasing the value of the trust property, you can take advantage of the trust property of the \concluded: designed by the ESOP trust is the best choice. Under this premise, the article about the legal relationship ESOP Trust The main problem (and trust of the parties to determine the source of funds) are discussed, and in addressing these key issues devised after the ESOP trust the legal system architecture. The fourth chapter is at this stage the ESOP trust problems and solutions. Any one implementation of the system needs to have the relevant supporting regulations, the ESOP Trust smooth implementation of institutional design if you want, you need the support of relevant national policies and improvement, which mainly involves the registration of trust, trust taxation, which is the right part of the main Perfection supporting the analysis and recommendations.

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