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The Research on Legal Issues of Equity Trust of Dormant Shareholders

Author: XieZhiGuo
Tutor: ChenQiWei
School: Nanchang University
Course: Legal
Keywords: dormant shareholders equity trust equity trust contract trustregistratio
CLC: D922.291.91
Type: Master's thesis
Year: 2013
Downloads: 27
Quote: 0
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Abstract


The problem of dormant shareholders in the company is a more common phenomenon,and more and more legal disputes has been caused by it. But, the law and relevant judicial interpretations are not defined the legalstatus of dormant shareholders very clearly. Beacuse the law in our country has not stipulated clearly and directly for the dormant shareholders, the theorists also has not reached a consensus understanding, disputes can easily arised in practice and may caused greater confusion,the legitimate rights and interests can not be effectively protected also. Many scholars, judges, lawyers put forward different proposals, and the quity trust is one of the effective methods. The thesis investigate the dormant shareholders in the limited liability company based on the analysis of the practice, morphology and legislative situation, and make a detailed analysis on the two aspects of theory and practice of equity trust,starting from the basic principles of trust law,try to based on the view of dormant shareholder, through the research on equity trust contract and trust registration system, to explore ways on how to achieve the related subject’s interests demands in equity trust system.The thesis consists of three parts, preface, text and conclusion. The text includes four chapters.The first chapter gives a brief overview of dormant shareholders. This part mainly discusses the concept, characteristics, and realistic reasons of dormant shareholders, analyse the rationality and the necessity of the existence of it.The second chapter mainly discusses the status of legislation,points out the deficiencies in the current legal norms.The third chapter deals with the problem of equity trust and dormant shareholders.Firstly,the author gives a general introduction to the definition and establishment conditions of equity trust,and the relationship between equity trust with equity trust, equity agency, in order to understand how to create effective equity trust system in practice and solve the dormant shareholders’s practical problem of equity trust. Secondly, it focuses on the legal structure of share right trust, discusses the rights and obligations between the parties, explores the the legal relationship between the Equity Trust trustor, trustee,the company as well as the third party,makes a detailed analysis of the advantage of system to solve the problem of dormant shareholders in equity trust way,thus we make a conclusion that the equity trust system is an effective way to solve the problem of dormant shareholders.The fourth chapter puts forward suggestions of perfecting our country’s system of dormant shareholders equity trust. On the basis of international experience and China’s reality,the author selects two extremely important aspects of dormant shareholders equity trust contract and trust registration system, which carried out on specific analysis from the macro and micro. One is based on the egal analysis through the foundation and the entry into force of the conditions of the dormant shareholders equity trust contract, it mainly study several important items which the dormant shareholders equity trust contracts need to clear, analyses the issues of dormant shareholders equity trust contract must be stated or agreed, makes clear about legal rights and obligations of the equity trust parties.The other is based on the discussion through the the registration credibility connotation, the value, registration of legal validity,it focusing on the subject matters of dormant shareholders equity trust registration. Especially, the author puts forward the concrete practical suggestions for dormant shareholders equity trust registration procedures and methods.

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